S1229

An Act concerning the annual salary of certain public employees, and amending various parts of the statutory law and supplementing chapter 11 of Title 52 of the Revised Statutes.

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

1. N.J.S.2B:2-4 is amended to read as follows:

2B:2-4. Judicial Salaries. [Annual salaries of justices and judges beginning on January 1, 2008 shall be:

Chief Justice of the Supreme Court $183,182

Associate Justice of the Supreme Court $176,488

Judge of the Superior Court,

Appellate Division $167,023

Judge of the Superior Court,

Assignment Judge $163,404

Judge of the Superior Court;

Judge of the Tax Court $157,000]

Annual salaries of justices and judges beginning on January 1, 2009 and thereafter shall be:

Chief Justice of the Supreme Court $192,795

Associate Justice of the Supreme Court $185,482

Judge of the Superior Court,

Appellate Division $175,534

Judge of the Superior Court,

Assignment Judge $171,731

Judge of the Superior Court;

Judge of the Tax Court $165,000

The annual salaries of justices and judges shall be increased by $8,000 in calendar year 2018. The annual salaries of justices and judges set in calendar year 2018, shall be increased by $8,000, beginning on January 1, 2019. The annual salary of justices and judges set on January 1, 2019, shall be increased by $8,000 beginning on January 1, 2020.

Beginning on January 1, 2021 and thereafter, the amount of the annual salary determined for the prior calendar year shall be adjusted annually by the State Treasurer in direct proportion to the percent change in the Consumer Price Index over a 12-month period beginning November 1 and ending October 31. For the purpose of this section, "Consumer Price Index" means the Consumer Price Index for All Urban Consumers, New York-Northern New Jersey-Long Island Metropolitan Area, All Items (1982-84=100), as published by the Bureau of Labor Statistics in the United States Department of Labor. The State Treasurer shall determine the amount of the adjustment by December 1 of each year and the adjustment shall become effective for payments to be made during the calendar year following the determination, beginning with payments made on or after January 1 of each calendar year. An adjustment in the annual payment shall be made only if the percent change in the Consumer Price Index for the period specified is greater than zero. If the reference base of the index is changed, the index used to determine the Consumer Price Index shall be the index converted to the new base by standard statistical methods. The first adjustment determination shall be made by December 1, 2020 and applicable to payments commencing on January 1, 2021.

(cf: P.L.2007, c.350, s.1)

2. Section 1 of P.L.1974, c.55 (C.52:14-15.107) is amended to read as follows:

1. Notwithstanding the provisions of the annual appropriations act and section 7 of P.L.1974, c.55 (C.52:14-15.110), [the Governor shall fix and establish] the annual salary[, not to exceed $133,330 in calendar year 2000, $137,165 in calendar year 2001 and $141,000 in calendar year 2002 and thereafter,] for each of the following officers shall be $175,000 in calendar year 2018 and thereafter:

Title

Agriculture Department

Secretary of Agriculture

Children and Families Department

Commissioner of Children and Families

Community Affairs Department

Commissioner of Community Affairs

Corrections Department

Commissioner of Corrections

Education Department

Commissioner of Education

Environmental Protection Department

Commissioner of Environmental Protection

Health [and Senior Services] Department

Commissioner of Health [and Senior Services]

Human Services Department

Commissioner of Human Services

Banking and Insurance Department

Commissioner of Banking and Insurance

Labor and Workforce Development Department

Commissioner of Labor and Workforce Development

Law and Public Safety Department

Attorney General

Military and Veterans' Affairs Department

Adjutant General

State Department

Secretary of State

Transportation Department

Commissioner of Transportation

Treasury Department

State Treasurer

Members, Board of Public Utilities

(cf: P.L.2010, c.34, s.16)

3. (New section) The annual salary of the executive director of each full time legislative staff operating under the direction of the Senate President, the Speaker of the General Assembly, and the Minority Leaders of each House of the Legislature shall be fixed and established by the President of the Senate and by the Speaker of the General Assembly, as appropriate, for each director in any amount that the President or Speaker determines to be appropriate for that director, but shall not exceed $175,000 in calendar year 2018 and thereafter.

4. N.J.S.2A:158-10 is amended to read as follows:

2A:158-10. County prosecutors shall receive annual salaries to be fixed by the governing body of the county at $153,000 beginning on January 1, 2008 and $165,000 beginning on January 1, 2009 and thereafter. The annual salaries of county prosecutors shall be increased by $8,000 in calendar year 2018. The annual salaries of county prosecutors set in calendar year 2018, shall be increased by $8,000, beginning on January 1, 2019. The annual salary of county prosecutors set on January 1, 2019, shall be increased by $8,000 beginning on January 1, 2020.

There shall be appropriated annually to the Department of Community Affairs for payment to each county for additional salary costs resulting from the increase in the salary of county prosecutors an amount equal to the amount by which the annual salary paid to the county prosecutor under this section exceeds $100,000.00.

(cf: P.L.2007, c.350, s.2)

5. This act shall take effect immediately.

STATEMENT

This bill establishes the annual salary for the Governor’s cabinet officers and members of the Board of Public Utilities (BPU) at $175,000 in calendar year 2018 and thereafter.

In addition, the bill provides for an $8,000 increase in calendar year 2018, and for an $8,000 increase on January 1 of each of the next subsequent two years, in the annual salaries for the justices of the Supreme Court, Appellate Division judges, Assignment judges, judges of the Superior Court, and judges of the Tax Court. The bill provides for an automatic annual adjustment on the 2020 salaries for calendar year 2021, and annually thereafter, based on the change in the Consumer Price Index. Under current law, the annual salary for workers’ compensation judges, administrative law judges, surrogates, county clerks, registers of deeds and mortgages, and sheriffs are linked to the annual salary for a Superior Court judge so that they receive the specific or minimum percentage that is set by law, of the Superior Court judges’ salaries. The statutes that provide for these linked salaries are clearly mandatory in nature and when the salaries of judges are increased, the linked salaries must also be increased, including retroactively. The statutory language must be complied with to achieve the Legislature’s intent.

The bill increases the annual salary for county prosecutors in the same amounts and in the same manner as the salaries of judges and justices are increased by the bill. The annual salary is currently $165,000.

The bill codifies a provision for the annual salary of the executive director of each full time legislative staff operating under the direction of the Senate President, the Speaker of the General Assembly, and the Minority Leaders of each House of the Legislature. Currently, these salaries are not provided for by statute. Under the bill, the salary for each executive director will be fixed and established by the President of the Senate or by the Speaker of the General Assembly, as appropriate, in any amount that the President or Speaker determines to be appropriate for that director, but not to exceed $175,000 in calendar year 2018 and thereafter. While this maximum amount for the annual salary is identical to the amount for the annual salary for the Governor’s cabinet officers and members of the Board of Public Utilities, the President of the Senate and the Speaker of the General Assembly will have complete discretion to set the salaries for the legislative executive directors at any amount that is at or below this maximum, as they deem appropriate. The President and Speaker require the flexibility to set the annual salary for each executive director at any amount, whether at or below the maximum, irrespective of the salaries of the Executive Branch officers.