ASSEMBLY, No. 193

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 


 

Sponsored by:

Assemblyman  GARY R. CHIUSANO

District 24 (Sussex, Hunterdon and Morris)

Assemblywoman  ALISON LITTELL MCHOSE

District 24 (Sussex, Hunterdon and Morris)

 

 

 

 

SYNOPSIS

     Expands scope of review of Pension and Health Benefits Review Commission.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning the Pension and Health Benefits Review Commission and amending P.L.1991, c.382 and P.L.1992, c.126

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 2 of P.L.1991, c.382 (C.52:9HH-2) is amended to read as follows: 

     2.    a.  It shall be the duty of the commission to review [any] every bill, joint resolution or concurrent resolution introduced in either House of the Legislature which establishes or modifies pension benefits or health care benefits, or affects the financing, procedures or operations of pension or health care plans or programs, including defined benefit retirement plans or systems, defined contribution retirement plans or programs, or deferred compensation or other individual retirement account-type plans, for public employees in this State, or mandates or permits public entities to pay for employee health care benefits in active service or in retirement.  Such a review shall include, but not be limited to, an analysis of the bill's or resolution's fiscal impact on the retirement plan or system and on the public employer, any comments upon or recommendations concerning the legislation, and any alternatives to the legislation which the commission may wish to suggest. 

     b.    Not later than the 20th day after the date of introduction of any bill or resolution in either House of the Legislature, the Legislative Budget and Finance Officer shall review it in order to determine whether the bill or resolution constitutes [pension or health benefits] legislation described in subsection a. of this section.  If, on the basis of that review, the Legislative Budget and Finance Officer determines that the bill or resolution constitutes such legislation, that officer shall promptly give written notice of that determination to the commission, the presiding officer of the House in which the bill or resolution was introduced and the [chairman] chairperson of the standing reference committee of that House to which the bill or resolution may have been referred.  Not later than the 45th day after the date of introduction of any bill or resolution in either House of the Legislature which the Legislative Budget and Finance Officer has determined constitutes [pension or health benefits] legislation described in subsection a. of this section, the commission shall complete its review and provide its comments and recommendations in writing to the presiding officer of the House in which the bill or resolution was introduced and to the [chairman] chairperson of the standing reference committee of that House to which the bill or resolution may have been referred.  If the commission requests an extension prior to the 45th day after the date of introduction of a bill or resolution, the presiding officer of the House in which the bill or resolution was introduced may grant an extension for the commission to complete its review of the bill or resolution.  The House or committee shall not consider or vote upon the bill or resolution until either the commission completes its review and provides its comments and recommendations in writing to the presiding officer and the [chairman] chairperson, or the 45th day after the date of introduction of the bill or resolution, or the designated day in the case of an extension.  If the presiding officer of the House in which the bill or resolution was introduced determines that the bill or resolution is an urgent matter, he shall so notify in writing the commission and the [chairman] chairperson of the standing reference committee to which the bill or resolution may have been referred, and the House or committee may consider and vote upon the bill or resolution as soon as practicable. 

(cf:  P.L.1991, c.382, s.2) 

 

     2.    Section 3 of P.L.1992, c.126 (C.52:9HH-2.1) is amended to read as follows: 

     3.    Pursuant to P.L.1991, c.382 (C.52:9HH-1 et seq.), the Pension and Health Benefits Review Commission shall review every bill, joint resolution, or concurrent resolution introduced in  either House of the Legislature which constitutes [pensions or health benefits] legislation as [defined by] described in subsection a. of section 2 of P.L.1991, c.382 (C.52:9HH-2), and as determined by the Legislative Budget and Finance Officer pursuant to that act. 

(cf:  P.L.1992, c.126, s.3) 

 

     3.    Section 6 of P.L.1991, c.382 (C.52:9HH-6) is amended to reads as follows: 

     6.    The commission shall report on its activities by December 31st of each year to the Legislature and may issue periodic reports concerning [public employee pension and health benefits] matters described in subsection a. of section 2 of P.L.1991, c.382 (C.52:9HH-2).

(cf:  P.L.1991, c.382, s.6) 

 

     4.    This act shall take effect immediately. 

 

 

STATEMENT

 

     The purpose of this bill is to require the Pension and Health Benefits Review Commission to review all legislation relating to the pension and health care plans or programs for State and other public employees.  Currently, most, but not all, pension and health care legislation concerning public employees is reviewed by the commission.  Legislation that affects the financing, procedures, or operations of pension or health care plans or programs, including all defined benefit retirement plans or systems, defined contribution retirement plans or programs, or deferred compensation or other individual retirement account-type plans, or that mandates or permits public entities to pay for employee health care benefits in active service or in retirement, are not certified for review by the commission.