ASSEMBLY, No. 2489

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 21, 2012

 


 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

 

 

 

 

SYNOPSIS

     Prohibits payment for unused sick leave earned after effective date by public officers and employees not represented by union; for all public employees, limits vacation leave carry-forward and requires suspension and forfeiture of certain supplemental compensation.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the unused sick leave and vacation leave earned by public officers and employees, and amending and supplementing various parts of the statutory law.

 

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

 

     1.    (New section)  As used in this section, “officer or employee” means an officer or employee as defined in section 44 of P.L.2007, c.92 (C.18A:30-3.5) for whom there is no majority representative for collective negotiations purposes.

     Notwithstanding the provisions of section 44 of P.L.2007, c.92 (C.18A:30-3.5) to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   , c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means. 

 

     2.    (New section) As used in this section, “officer or employee” means an officer or employee for whom there is no majority representative for collective negotiations purposes who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date.

     Notwithstanding the provisions of section 3 of P.L.2010, c.3 (C.18A:30-3.6) or any other law to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   ,         c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.

 

     3.    (New section) As used in this section, “officer or employee” means an officer or employee as defined in section 43 of P.L.2007, c.92 (C.40A:9-10.2) for whom there is no majority representative for collective negotiations purposes.

     Notwithstanding the provisions of section 43 of P.L.2007, c.92 (C.40A:9-10.2) to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   ,         c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.

 

     4.    (New section) As used in this section, “officer or employee” means an officer or employee for whom there is no majority representative for collective negotiations purposes who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date.

     Notwithstanding the provisions of section 2 of P.L.2010, c.3 (C.40A:9-10.4) or any other law to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   , c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State. 

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.

 

     5.    (New section) As used in this section, “officer or employee” means an officer or employee for whom there is no majority representative for collective negotiations purposes.

     Notwithstanding the provisions of N.J.S.11A:6-16, 17, and 19 to the contrary, supplemental compensation shall not be paid to  State employees in the career service, and those in the senior executive and unclassified services who have been granted sick leave under terms and conditions similar to career service employees for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   , c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.


     6.    (New section) As used in this section, “officer or employee” means an officer or employee as defined in 42 of P.L.2007, c.92 (C.11A:6-19.1) for whom there is no majority representative for collective negotiations purposes.

     Notwithstanding the provisions of 42 of P.L.2007, c.92 (C.11A:6-19.1) to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   ,         c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.

 

     7.    (New section) As used in this section, “officer or employee” means an officer or employee for whom there is no majority representative for collective negotiations purposes who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter or who commenced service on or after that effective date.

     Notwithstanding the provisions of section 1 of P.L.2010, c.3 (C.11A:6-19.2) or any other law to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave earned after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date.  An officer or employee who on the effective date of P.L.   , c.   (pending before the Legislature as this bill), or upon the expiration of an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued supplemental compensation based upon accumulated unused sick leave earned prior to the effective date shall continue to be eligible to receive the amount so accrued based on that sick leave that remains credited on the date of retirement.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

     All officers and employees in service on the effective date of P.L.   , c.    (pending before the Legislature as this bill) who have a contractual right to receive, if eligible, supplemental compensation for accumulated unused sick leave shall continue to have that contractual right, except as modified by agreement between the public employer and the public officer or employee after that effective date to reduce the supplemental compensation either by reducing the per diem value of the accumulated unused sick leave or by other means.

 

     8.    (New section) The Attorney General shall develop guidelines or establish a procedure designed to provide a State agency as defined in section 2 of P.L.1971, c.182 (C.52:13D-13), a local government agency as defined in section 3 of P.L.1991, c.29 (C.40A:9-22.3), a local school district as defined in section 3 of P.L.1991, c.393 (C.18A:12-23) or other public employer, as appropriate, with notice of any indictment or conviction of any active or former officer or employee of such entity for a crime that involves or touches such office or employment as set forth in subsection b. of section 6 of P.L.2007, c.49 (C.2C:43-6.5) that will subject the officer or employee to sentencing under the provisions of section 6 of P.L.2007, c.49 (C.2C:43-6.5).

 

     9.  (New section) a.  The provisions of sections 1 through 7, and 10 through 20, inclusive, of P.L.   , c.   (pending before the Legislature as this bill) regarding the suspension of payment of supplemental compensation for accumulated unused sick or vacation leave to an officer or employee who has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5) shall be prospective in application for any crime or offense committed after the effective date of P.L.   , c.   (pending before the Legislature as this bill).

     b.    The provisions of sections 1 through 7, and 10 through 20, inclusive, of P.L.   , c.   (pending before the Legislature as this bill) providing for the forfeiture of supplemental compensation for accumulated unused sick or vacation leave of an officer or employee who has been convicted of a crime that subjects an officer or employee to the provisions of section 6 of P.L.2007, c.49 (C.2C:43-6.5) shall be prospective in application for any crime or offense committed after the effective date of P.L.     , c.     (pending before the Legislature as this bill).

 

     10.  Section 44 of P.L.2007, c.92 (C.18A:30-3.5) is amended to read as follows:

     44.  a.  Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

     (1)   on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

     (2)   becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and  has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater. 

     Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

     As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

     b.  Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2007, c.92, s.44)

 

     11.  Section 3 of P.L.2010, c.3 (C.18A:30-3.6) is amended to read as follows:

     3.    a.  Notwithstanding any law, rule or regulation to the contrary, a board of education, or an agency or instrumentality thereof, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.  This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

     b.  Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2010, c.3, s.3)

 

     12.  Section 46 of P.L.2007, c.92 (C.18A:30-9) is amended to read as follows:

     46.  a.  Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues on or after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. 

     However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.

     A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave.

     As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of the political subdivision, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted resolution, pursuant to guidelines or policy that shall be established by the Department of Education, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency or instrumentality thereof.

     b.  Payment of supplemental compensation to any officer or employee of a board of education, or an agency or instrumentality thereof, for accumulated unused vacation leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused vacation leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf: P.L.2007, c.92, s.46)

 

     13.  Section 5 of P.L.2010, c.3 (C.18A:30-9.1) is amended to read as follows:

     5.  a.  Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.  However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.  This provision shall apply only to officers and employees who commence service with the board of education, or the agency or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

     b.  As used in this subsection, “officer or employee” means an officer or employee who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter.

     An officer or employee of a board of education, or an agency or instrumentality thereof, who does not take vacation leave in a given year that accrues after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, because of business demands shall be granted that accrued leave only during the next succeeding year.  However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining. 

     An officer or employee who on the effective date of P.L.    ,           c.     (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave. 

     c.  Payment of supplemental compensation to any officer or employee for accumulated unused vacation leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused vacation leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State. 

(cf:  P.L.2010, c.3, s.5)

 

     14.  Section 43 of P.L.2007, c.92 (C.40A:9-10.2) is amended to read as follows:

     43.  a.  Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

     (1)   on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

     (2)   becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and  has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater. 

     Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.

     As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.

     b.  Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2007, c.92, s.43)

 

     15.  Section 45 of P.L.2007, c.92 (C.40A:9-10.3) is amended to read as follows:

     45.  a.  Notwithstanding any law or any rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality of a subdivision, that has not adopted the provisions of Title 11A, Civil Service, of the New Jersey Statutes, who does not take vacation leave that accrues on or after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or on or after the date on which the person becomes an officer or employee, in a given year because of business demands shall be granted that accrued leave only during the next succeeding year. 

     However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.

     A person who (1) is an officer or employee on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or (2) becomes an officer or employee after that effective date, and has previously accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave. 

     As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.

     b.  Payment of supplemental compensation to any officer or employee for accumulated unused vacation leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused vacation leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2007, c.92, s.45.

 

     16.  Section 2 of P.L.2010, c.3 (C.40A:9-10.4) is amended to read as follows:

     2.    a.  Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.  This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

     b.  Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has

been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2010, c.3, s.2)

 

     17.  Section 4 of P.L.2010, c.3 (C.40A:9-10.5) is amended to read as follows:

     4.    a.  Notwithstanding any law, rule or regulation to the contrary, an officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes, who does not take vacation leave that accrues in a given year because of business demands shall be granted that accrued leave only during the next succeeding year.  However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiation or collective bargaining.  This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

     b.  As used in this subsection, “officer or employee” means an officer or employee who was in service with the employer prior to the effective date of P.L.2010, c.3 and continuously thereafter.

     An officer or employee of a political subdivision of the State, or an agency, authority, or instrumentality thereof, that has not adopted the provisions of Title 11A of the New Jersey Statutes,  who does not take vacation leave in a given year that accrues after the effective date of P.L.   , c.   (pending before the Legislature as this bill) or after the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, because of business demands shall be granted that accrued leave only during the next succeeding year.  However, vacation leave not taken in a given year because of duties directly related to a state of emergency declared by the Governor may accumulate at the discretion of the appointing authority until, pursuant to a plan established by the officer or employee's appointing authority, the leave is used or the employee or officer is compensated for that leave, which shall not be subject to collective negotiations or collective bargaining. 

     An officer or employee who on the effective date of P.L.    ,            c.     (pending before the Legislature as this bill), or upon the expiration of a collective negotiations agreement or an individual contract of employment with a relevant provision applicable to that officer or employee in effect on that date, has accrued vacation leave shall be eligible and shall be permitted to retain and use that accrued vacation leave. 

     c.  Payment of supplemental compensation to any officer or employee for accumulated unused vacation leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused vacation leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State. 

(cf: P.L.2010, c.3, s.4)

 

     18.  (New section) As used in this section, “officer or employee” means an officer or employee of the State or a political subdivision of the State covered by N.J.S.11A:6-2 or N.J.S.11A:6-3.

     Payment of supplemental compensation to any officer or employee of a board of education, or an agency or instrumentality thereof, for accumulated unused vacation leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused vacation leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

 

     19.  Section 42 of P.L.2007, c.92 (C.11A:6-19.1) is amended to read as follows:

     42.  a.  Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000, except that an officer or employee who:

     (1)   on the effective date of P.L.2007, c.92 (C.43:15C-1 et al.), or upon the expiration of a collective negotiations agreement or contract of employment applicable to that officer or employee in effect on that date has accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so accumulated or not more than $15,000, whichever is greater; or

     (2)   becomes an officer or employee after the effective date of P.L.2007, c.92 (C.43:15C-1 et al.) and  has previously accrued supplemental compensation based upon accumulated unused sick leave shall, upon retirement, be eligible to receive for any unused leave not more than the amount so previously accumulated or not more than $15,000, whichever is greater. 

     Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement. 

     As used in this section, "officer or employee" means an elected official; or a person appointed by the Governor with the advice and consent of the Senate, or appointed by the Governor to serve at the pleasure of the Governor only during his or her term of office; or a person appointed by an elected public official or elected governing body of a political subdivision of the State, with the specific consent or approval of the elected governing body of the political subdivision that is substantially similar in nature to the advice and consent of the Senate for appointments by the Governor of the State as that similarity is determined by the elected governing body and set forth in an adopted ordinance or resolution, pursuant to guidelines or policy that shall be established by the Local Finance Board in the Department of Community Affairs, but not including a person who is employed or appointed in the regular or normal course of employment or appointment procedures and consented to or approved in a general or routine manner appropriate for and followed by the political subdivision, or the agency, authority or instrumentality of a subdivision, or a person who holds a professional license or certificate to perform and is performing as a certified health officer, tax assessor, tax collector, municipal planner, chief financial officer, registered municipal clerk, construction code official, licensed uniform subcode inspector, qualified purchasing agent, or certified public works manager.

     b.  Payment of supplemental compensation to any officer or employee for accumulated unused sick leave shall be suspended if an officer or employee has been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5). 

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

(cf:  P.L.2007, c.92, s.42)

 

     20.  Section 1 of P.L.2010, c.3 (C.11A:6-19.2) is amended to read as follows:

     1.    a.  Notwithstanding any law, rule or regulation to the contrary, a political subdivision of the State, or an agency, authority or instrumentality thereof, that has adopted the provisions of Title 11A of the New Jersey Statutes, shall not pay supplemental compensation to any officer or employee for accumulated unused sick leave in an amount in excess of $15,000.  Supplemental compensation shall be payable only at the time of retirement from a State-administered or locally-administered retirement system based on the leave credited on the date of retirement.  This provision shall apply only to officers and employees who commence service with the political subdivision of the State, or the agency, authority or instrumentality thereof, on or after the effective date of P.L.2010, c.3.  This section shall not be construed to affect the terms in any collective negotiations agreement with a relevant provision in force on that effective date.

     b.  Payment of supplemental compensation for accumulated unused sick leave shall be suspended if an officer or employee has

been indicted for a crime that involves or touches such office or employment as defined in section 6 of P.L.2007, c.49 (C.2C:43-6.5).

     Supplemental compensation for accumulated unused sick leave shall be forfeited if an officer or employee is convicted of a crime that subjects the officer or employee to the provisions of section 6 of P.L.2007, c.49, or for a substantially similar offense under the laws of another state or the United States which would have been such a crime under the laws of this State.

 

     21.  (New section)  A local government agency, as defined in section 3 of P.L.1991, c.29 (C.40A:9-22.3), shall not employ any person in a full-time or part-time position while that person is on paid leave from a full-time or part-time position with a local government agency of another county or municipality.

 

     22.  This act shall take effect on the first day of the second month following enactment.

 

 

STATEMENT

 

     This bill prohibits the payment by public employers of supplemental compensation for unused sick leave earned after the bill’s effective date by any current or future State, local government, or board of education officer or employee who does not have a majority representative for collective negotiations purposes.

     Under this bill, supplemental compensation will not be permitted upon retirement in any amount for any accumulated unused sick leave time earned after the bill’s effective date.  Supplemental compensation for any time earned prior to that date will be payable as under current law. 

     In addition, this bill limits the carry-forward of unused vacation leave to one successive year only for current or future State, local government, or board of education officers and employees whether they have a majority representative for collective negotiations purposes or do not have such a representative.

     Also, a payment for accumulated unused sick leave or vacation leave will be suspended if such officer or employee is indicted for certain crimes that involve or touch the office or employment.  The payment will be forfeited if such an officer or employee is convicted.  The bill requires the Attorney General to develop guidelines or establish procedures to provide the appropriate governmental agency or public employer with notice of any indictment or conviction of a current or former officer or employee. 

     Certain provisions of the bill would apply on the effective date or upon the expiration of an individual contract of employment with a relevant provision in effect on the bill’s effective date.

     Finally, this bill provides that a local government agency cannot employ any person in a full-time or part-time position while that person is on paid leave from a full-time or part-time position with a local government agency of another county or municipality.

     The bill will take effect the first day of the second month after enactment.