2012 -- H 7427

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LC01096

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - LONGEVITY PAYMENTS

     Introduced By: Representatives DaSilva, Guthrie, Flaherty, Savage, and Messier

     Date Introduced: February 08, 2012

     Referred To: House Labor

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 36-4-17.1 and 36-4-17.2 of the General Laws in Chapter 36-4

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entitled "Merit System" are hereby amended to read as follows:

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     36-4-17.1. Longevity payments. -- A state employee in the classified or unclassified

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service who terminates employment and is subsequently reemployed by the state, notwithstanding

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any rule, regulation, or provision of the general laws to the contrary, shall be eligible to receive an

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aggregate longevity increase for the period of initial employment. The provisions of this section

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shall be applied retroactively to those persons reemployed prior to June 1, 1980, and thereafter.

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     36-4-17.2. Future longevity payments. -- Beginning on July 1, 2011 2012,

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notwithstanding any rule, regulation, or provision of the public laws or general laws to the

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contrary, there shall be no further longevity increases for state employees; provided, however, for

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employees with longevity provisions pursuant to a collective bargaining agreement in effect on

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June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the

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expiration of the applicable collective bargaining agreement, whichever occurs later. To the

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extent an employee has previously accrued longevity payments, the employee shall continue to

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receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee

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with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011,

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the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later any provision of the public laws or

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general laws to the contrary, there shall be no further longevity increases for state employees

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except those increases provided through collective bargaining. To the extent an employee has

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previously accrued longevity payments, the employee shall continue to receive the same

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longevity percentage in effect on June 30, 2011, unless modified through collective bargaining.

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     SECTION 2. Section 16-59-7.2 of the General Laws in Chapter 16-59 entitled "Board of

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Governors for Higher Education" is hereby amended to read as follows:

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     16-59-7.2. Longevity payments -- Nonclassified employees. -- (a) The non-classified

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employees of the board of governors for higher education, except for faculty employees and

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except for non-classified employees already receiving longevity increases, shall be entitled to a

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longevity payment in the amount of five percent (5%) of base salary after ten (10) years of

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service and increasing to a total of ten percent (10%) of base salary after twenty (20) years of

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service. The provisions of this section will apply only to employees under the grade of nineteen

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(19). The longevity payments shall not be included in base salary.

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      (b) The board of governors is authorized to promulgate regulations implementing the

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provisions of this section.

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      (c) Beginning on July 1, 2011 2012, notwithstanding any rule, regulation, or provision of

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the public laws or general laws to the contrary, there shall be no further longevity increases for

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employees of the board of governors; provided, however, for employees with longevity

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provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity

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increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later. To the extent an employee has

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previously accrued longevity payments, the amount of the longevity payment earned by the

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employee for the last pay period in June, 2011 shall be added to the employee's base salary as of

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June 30, 2011, or in the case of an employee with longevity provisions pursuant to a collective

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bargaining agreement in effect on June 1, 2011, the amount of the longevity payment earned by

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the employee for the latter of the last pay period in June or the last pay period prior to the

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expiration of the applicable collective bargaining agreement shall be added to the employee's base

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salary as of June 30, 2011 or upon the expiration of the applicable collective bargaining

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agreement, whichever occurs later. except those increases provided through the collective

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bargaining. To the extent an employee has previously accrued longevity payments, the amount of

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the longevity payment earned by the employee for the last pay period in June, 2011 shall be

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added to the employee’s base salary as of June 30, 2011 unless modified through collective

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bargaining.

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     SECTION 3. Section 16-60-7.2 of the General Laws in Chapter 16-60 entitled "Board of

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Regents for Elementary and Secondary Education" is hereby amended to read as follows:

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     16-60-7.2. Longevity payments -- Nonclassified employees. -- (a) The non-classified

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employees of the board of regents for elementary and secondary education, except for non-

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classified employees already receiving longevity increases, shall be entitled to a longevity

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payment in the amount of five percent (5%) of base salary after ten (10) years of service and

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increasing to a total of ten percent (10%) of base salary after twenty (20) years of service. The

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provisions of this section shall apply only to employees under the grade of nineteen (19). The

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longevity payments shall not be included in base salary.

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      (b) The board of regents is authorized to promulgate regulations implementing the

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provisions of this section.

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      (c) Beginning on July 1, 2011 2012, notwithstanding any rule, regulation, or provision of

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the public laws or general laws to the contrary, there shall be no further longevity increases for

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employees of the board of regents for elementary and secondary education; provided, however,

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for employees with longevity provisions pursuant to a collective bargaining agreement in effect

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on June 1, 2011, longevity increases shall cease beginning on July 1, 2011 or beginning upon the

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expiration of the applicable collective bargaining agreement, whichever occurs later. To the

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extent an employee has previously accrued longevity payments, the amount of the longevity

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payment earned by the employee for the last pay period in June, 2011 shall be added to the

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employee's base salary as of June 30, 2011, or in the case of an employee with longevity

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provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the amount of

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the longevity payment earned by the employee for the latter of the last pay period in June or the

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last pay period prior to the expiration of the applicable collective bargaining agreement shall be

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added to the employee's base salary as of June 30, 2011 or upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later. except those increases provided through

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collective bargaining. To the extent an employee has previously accrued longevity payments, the

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amount of the longevity payment earned by the employee for the last pay period in June, 2011

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shall be added to the employee’s base salary as of June 30, 2011 unless modified through

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collective bargaining.

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     SECTION 4. Section 16-61-8.1 of the General Laws in Chapter 16-61 entitled "Rhode

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Island Public Telecommunications Authority" is hereby amended to read as follows:

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     16-61-8.1. Longevity payments -- Nonclassified employees. -- (a) Non-classified

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employees of the Rhode Island public telecommunications authority, except for non-classified

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employees already receiving longevity increases, shall be entitled to a longevity payment in the

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amount of five percent (5%) of base salary after ten (10) years of service and increasing in a total

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of ten percent (10%) of base salary after twenty (20) years of service. The provisions of this

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section shall apply only to employees under the grade of nineteen (19). The longevity payments

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shall not be included in base salary.

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      (b) The telecommunications authority is authorized to promulgate regulations

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implementing the provisions of this section.

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      (c) Beginning on July 1, 2011 2012, notwithstanding any rule, regulation, or provision of

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the public laws or general laws to the contrary, there shall be no further longevity increases for

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employees of the Rhode Island public telecommunications authority except for those increases

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provided through collective bargaining.; provided, however, for employees with longevity

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provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, longevity

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increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later. To the extent an employee has

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previously accrued longevity payments, the amount of the longevity payment earned by the

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employee for the last pay period in June, 2011 shall be added to the employee's base salary as of

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June 30, 2011, unless modified through collective bargaining. or in the case of an employee with

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longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011, the

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amount of the longevity payment earned by the employee for the latter of the last pay period in

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June or the last pay period prior to the expiration of the applicable collective bargaining

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agreement shall be added to the employee's base salary as of June 30, 2011 or upon the expiration

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of the applicable collective bargaining agreement, whichever occurs later.

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     SECTION 5. Section 36-6-22 of the General Laws in Chapter 36-6 entitled "Salaries and

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Traveling Expenses" is hereby amended to read as follows:

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     36-6-22. Longevity payments. -- Beginning on July 1, 2011 2012, notwithstanding any

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rule, regulation, or provision of the public laws or general laws to the contrary, there shall be no

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further longevity increases for officers, secretaries, and employees of the legislative branch, the

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judicial branch, the office of the governor, the office of the lieutenant governor, the department of

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state, the department of the attorney general, and the treasury department, except for those

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increases provided through collective bargaining.; provided, however, for employees with

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longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011,

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longevity increases shall cease beginning on July 1, 2011 or beginning upon the expiration of the

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applicable collective bargaining agreement, whichever occurs later. To the extent an employee

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has previously accrued longevity payments, the amount of the longevity payment earned by the

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employee for the last pay period in June, 2011, shall be added to the employee’s base salary as of

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June 30, 2011, unless modified through collective bargaining. the employee shall continue to

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receive the same longevity percentage in effect on June 30, 2011, or in the case of an employee

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with longevity provisions pursuant to a collective bargaining agreement in effect on June 1, 2011,

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the same longevity percentage in effect on June 30, 2011 or upon the expiration of the applicable

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collective bargaining agreement, whichever occurs later.

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     SECTION 6. Section 36-16.2-1 of the General Laws in Chapter 36-16.2 entitled "Quasi

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Public Corporations - Longevity" is hereby amended to read as follows:

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     36-16.2-1. Longevity payments -- Quasi public employees. -- (a) Beginning on July 1,

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2011 2012, notwithstanding any rule, regulation, or provision of the public laws or general laws

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to the contrary, there shall be no further longevity increases for employees of the quasi- public

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corporations except for those increases provided through collective bargaining.; provided,

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however, for employees with longevity provisions pursuant to a collective bargaining agreement

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in effect on June 1, 2011, longevity increases shall cease beginning on July 1, 2011, or beginning

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upon the expiration of the applicable collective bargaining agreement, whichever occurs later. To

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the extent an employee has previously accrued longevity payments, the amount of the longevity

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payment earned by the employee for the last pay period in June, 2011 shall be added to the

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employee's base salary as of June 30, 2011, unless modified through collective bargaining. or in

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the case of an employee with longevity provisions pursuant to a collective bargaining agreement

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in effect on June 1, 2011, the amount of the longevity payment earned by the employee for the

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latter of the last pay period in June or the last pay period prior to the expiration of the applicable

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collective bargaining agreement shall be added to the employee's base salary as of June 30, 2011

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or upon the expiration of the applicable collective bargaining agreement, whichever occurs later.

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      (b) For purposes of this section "quasi-public corporation" means a body corporate and

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politic acting as a public corporation, which has been organized pursuant to law and granted

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certain powers, rights and privileges by the general laws, while exhibiting a distinct legal

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existence from the state, and not constituting a department of the state government, in order to

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perform a governmental function.

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     SECTION 7. This act shall take effect upon passage.

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LC01096

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - LONGEVITY PAYMENTS

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     This act would eliminate longevity payments for any state employee, as well as, any

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employees of the Board of Governors of Higher Education, the Board of Regents for Elementary

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and Secondary Education, the Rhode Island Public Telecommunications Authority, and of quasi-

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public corporations, not provided for in a collective bargaining agreement.

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     This act would take effect upon passage.

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LC01096

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