2023 -- H 5194

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LC000392

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO EDUCATION -- COUNCIL ON POST SECONDARY EDUCATION

     Introduced By: Representatives Corvese, Vella-Wilkinson, Azzinaro, Fellela, Solomon,
and Noret

     Date Introduced: January 19, 2023

     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 "Council on

Postsecondary 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, 2023, notwithstanding any rule, regulation, or provision of the pubic

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 "Council on

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 last pay period prior to

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

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

agreement, whichever occurs later.

     Beginning on July 1, 2023, notwithstanding any rule, regulation, or provision of the pubic

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, 2023, notwithstanding any rule, regulation, or provision of the pubic

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,

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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; 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, 2023, notwithstanding any rule, regulation, or provision of the pubic

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 perform a

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governmental function.

     Beginning on July 1, 2023, notwithstanding any rule, regulation, or provision of the pubic

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 EDUCATION -- COUNCIL ON POST SECONDARY EDUCATION

***

     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, beginning July 1, 2023.

     This act would take effect upon passage.

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