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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY ROAE, BARRAR, BEAR, BEYER, CALTAGIRONE, CARROLL, CLYMER, CREIGHTON, CUTLER, GOODMAN, GRELL, GROVE, HUTCHINSON, KAUFFMAN, KORTZ, LONGIETTI, MELIO, MOUL, MUSTIO, OBERLANDER, PERRY, PETRARCA, SIPTROTH, STERN, SWANGER, VULAKOVICH AND WATSON, FEBRUARY 10, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 10, 2009 |
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| AN ACT |
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1 | Providing for banning bonuses provided to employees of |
2 | Commonwealth agencies. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Short title. |
6 | This act shall be known and may be cited as the Commonwealth |
7 | Agency Bonus Ban Act. |
8 | Section 2. Definitions. |
9 | The following words and phrases when used in this act shall |
10 | have the meanings given to them in this section unless the |
11 | context clearly indicates otherwise: |
12 | "Bonus." Any monetary compensation given to an employee |
13 | above and beyond the employee's annual salary or other rate of |
14 | pay. The term does not include the following: |
15 | (1) Reimbursement or payments for expenses related to |
16 | official business, including meals, housing, uniforms, car |
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1 | allowance and other expenses. |
2 | (2) Severance payments under a personnel compensation |
3 | plan, contract or collective bargaining agreement. |
4 | (3) Payments for unused vacation or sick leave. |
5 | (4) An annual cost-of-living adjustment equivalency |
6 | payment made to an individual, at the maximum of a salary |
7 | range, adopted under a personnel compensation plan or a |
8 | collective bargaining agreement. |
9 | (5) An arbitration award. |
10 | (6) Payments made pursuant to litigation. |
11 | (7) Overtime payments required for work performed in |
12 | excess of the maximum workweek. |
13 | (8) Annual performance-based incentive payments based on |
14 | objective criteria made under a personnel compensation plan |
15 | included in an individual employment contract or collective |
16 | bargaining agreement. |
17 | (9) Shift differential payments, standby or call-time |
18 | payments or extra duty payments made under a collective |
19 | bargaining agreement. |
20 | A personnel compensation plan, contract or collective bargaining |
21 | agreement under this definition shall be in writing and shall be |
22 | open for public inspection. |
23 | "Commonwealth agency." Any of the following: |
24 | (1) The Governor, Lieutenant Governor, Attorney General, |
25 | Auditor General, State Treasurer and the departments, |
26 | offices, boards, authorities, commissions and other agencies |
27 | of the executive branch of the government of this |
28 | Commonwealth, whether or not subject to the supervision and |
29 | control of the Governor. |
30 | (2) The legislative branch of the government of this |
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1 | Commonwealth. |
2 | (3) Any court and any office of the unified judicial |
3 | system of this Commonwealth. |
4 | Section 3. Bonus ban. |
5 | No Commonwealth agency may pay a bonus to any of its |
6 | employees. |
7 | Section 4. Penalties. |
8 | (a) Reimbursement.--An employee of a Commonwealth agency who |
9 | is paid a bonus after the effective date of this section shall |
10 | reimburse his or her employer for the full amount of the bonus. |
11 | (b) Penalty.--A person who intentionally approves or |
12 | authorizes a bonus prohibited by this act commits a misdemeanor |
13 | of the third degree. |
14 | Section 5. Applicability. |
15 | The provisions of this act shall not abrogate any provision |
16 | of an existing collective bargaining agreement or employment |
17 | contract. |
18 | Section 6. Effective date. |
19 | This act shall take effect in 30 days. |
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