2014 -- H 7322

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LC003923

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES - LONGEVITY PAYMENTS

     Introduced By: Representatives San Bento, Lombardi, Palumbo, and Jacquard

     Date Introduced: February 06, 2014

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-59-7.2 of the General Laws in Chapter 16-59 entitled "Board of

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

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

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

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

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

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

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

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

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

provisions of this section.

      (c) Beginning on July 1, 2011 2014, notwithstanding any rule, regulation, or provision of

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the longevity payment earned by the employee for the last pay period in June, 2013 shall be

added to the employee’s base salary as of June 30, 2013 unless modified through collective

bargaining.

     SECTION 2. Section 16-60-7.2 of the General Laws in Chapter 16-60 entitled "Board of

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

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

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

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

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

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

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

longevity payments shall not be included in base salary.

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

provisions of this section.

      (c) Beginning on July 1, 2011 2014, notwithstanding any rule, regulation, or provision of

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

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

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

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

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

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

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

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

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

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

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

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

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

amount of the longevity payment earned by the employee for the last pay period in June, 2013

shall be added to the employee’s base salary as of June 30, 2012 unless modified through

collective bargaining.

     SECTION 3. Sections 36-4-17.1 and 36-4-17.2 of the General Laws in Chapter 36-4

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

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

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

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

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

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

     36-4-17.2. Future longevity payments. -- Beginning on July 1, 2011 2014,

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

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

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

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

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

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

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

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

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

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

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

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

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

longevity percentage in effect on June 30, 2013, unless modified through collective bargaining.

     SECTION 4. Section 36-6-22 of the General Laws in Chapter 36-6 entitled "Salaries and

Traveling Expenses" is hereby amended to read as follows:

     36-6-22. Longevity payments. -- Beginning on July 1, 2011 2014, notwithstanding any

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

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

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

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

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

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

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

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

employee for the last pay period in June, 2013, shall be added to the employee’s base salary as of

June 30, 2013, unless modified through collective bargaining. the employee shall continue to

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

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

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

collective bargaining agreement, whichever occurs later.

     SECTION 5. Section 36-16.2-1 of the General Laws in Chapter 36-16.2 entitled "Quasi

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

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

2011 2014, notwithstanding any rule, regulation, or provision of the public laws or general laws

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

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

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

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

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

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

payment earned by the employee for the last pay period in June, 2011 2013 shall be added to the

employee's base salary as of June 30, 2011 2013, unless modified through collective bargaining.

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

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

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

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

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

whichever occurs later.

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

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

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

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

perform a governmental function.

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     SECTION 6. This act shall take effect upon passage.

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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

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

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

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

     This act would take effect upon passage.

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