2015 -- S 0371

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LC001407

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO PUBLIC OFFICERS AND EMPLOYEES -- MERIT SYSTEM

     Introduced By: Senators Ciccone, Lombardi, Walaska, and Felag

     Date Introduced: February 25, 2015

     Referred To: Senate 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 [See Title 16 Chapter 97 - The Rhode Island Board of

Education Act]" 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, 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.

     Beginning on July 1, 2015, notwithstanding any rule, regulation, or provision of the

public laws or general laws to the contrary, state employees shall be entitled to a longevity

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

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

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

Regents for Elementary and Secondary Education [See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" 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, 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

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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.

     Beginning on July 1, 2015, notwithstanding any rule, regulation, or provision of the

public laws or general laws to the contrary, state employees shall be entitled to a longevity

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

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

     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, 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.

     Beginning on July 1, 2015, notwithstanding any rule, regulation, or provision of the

public laws or general laws to the contrary, state employees shall be entitled to a longevity

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

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

     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, 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

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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; 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.

     Beginning on July 1, 2015, notwithstanding any rule, regulation, or provision of the

public laws or general laws to the contrary, state employees shall be entitled to a longevity

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

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

     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, 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; 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.

      (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

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perform a governmental function.

     Beginning on July 1, 2015, notwithstanding any rule, regulation, or provision of the

public laws or general laws to the contrary, state employees shall be entitled to a longevity

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

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

     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 -- MERIT SYSTEM

***

     This act would restore longevity payments of five percent (5%) of base salary for

employees after ten (10) years of service and increase to ten percent (10%) of base salary after

twenty (20) years of service.

     This act would take effect upon passage.

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LC001407

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