SENATE, No. 144

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator LYNCH

 

 

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

 

    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 bill, joint resolution or concurrent resolution introduced in either House of the Legislature which establishes or modifies pension benefits or health benefits for public employees in this State or which changes the financing of any State-administered retirement system or makes any other changes in such a retirement system that would have cost implications for the State or any other public employer. Such a review shall include, but not be limited to, an analysis of the bill's or resolution's fiscal impact on the retirement 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] 10th 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] establishes or modifies pension benefits or health benefits for public employees in this State or changes the financing of any State-administered retirement system or makes any other changes in such a retirement system that would have cost implications for the State or any other public employer. 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 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 written notice to the commission from the Legislative Budget and Finance Officer [has determined constitutes pension or health benefits legislation], 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 of the standing reference committee of that House to which the bill or resolution may have been referred, and to the Executive Director of the Office of Legislative Services. The comments and recommendations shall include: (1) a description of the legislation; (2) how the legislation differs from current law; (3) an estimate of the number of employees or retirees affected; and (4) the potential costs or savings associated with the legislation. The Office of Legislative Services shall make the comments and recommendations available to the public through the most readily available electronic medium. If the commission requests an extension prior to [the] that 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, or the 45th day after the date of [introduction of the bill or resolution] the written notice to the commission from the Legislative Budget and Finance Officer, or the designated day in the case of an extension. If [the presiding officer] three-fourths of the members of the House in which the bill or resolution was introduced [determines] by resolution determine that the bill or resolution is an urgent matter, [he] the presiding officer shall so notify in writing the commission and the chairman 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.

    c. Not later than the fifth day after the date of amendment or substitution by a standing reference committee in either House of the Legislature of any bill or resolution which had not been previously determined to establish or modify pension benefits or health benefits for public employees in this State or change the financing of any State-administered retirement system or make any other changes in such a retirement system that would have cost implications for the State or any other public employer, the Legislative Budget and Finance Officer shall review the bill or resolution as amended or the substitute in order to determine whether it constitutes such legislation. If, on the basis of that review, the Legislative Budget and Finance Officer determines that the bill or resolution or the substitute constitutes such legislation, that officer shall promptly give written notice of that determination to the commission and the presiding officer of the House in which the bill or resolution or the substitute is on second reading. Not later than the 20th day after the date of the written notice to the commission from the Legislative Budget and Finance Officer, the commission shall complete its review and provide its comments and recommendations in writing to the presiding officer of the House. The House shall not consider or vote upon the bill or resolution or the substitute until either the commission completes its review and provides its comments and recommendations in writing to the presiding officer or the 20th day after the date of the written notice to the commission from the Legislative Budget and Finance Officer, whichever comes first. If three-fourths of the members of the House by resolution determine that the bill or resolution or the substitute is an urgent matter, the presiding officer shall so notify in writing the commission, and the House may consider and vote upon the bill or resolution or the substitute as soon as practicable.

(cf: P.L.1991, c.382, s.2)

 

    2. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill revises the jurisdiction and practices of the Pension and Health Benefits Review Commission. It provides that:

    (1) the commission shall review any bill or resolution which changes the financing of any State-administered retirement system or makes any other changes in such a retirement system that would have cost implications for the State or other public employer;

    (2) the Legislative Budget and Finance Officer shall review legislation within 10 rather than 20 days of introduction;

    (3) the commission shall complete its review within 45 days after the written notice to the commission from the Legislative Budget and Finance Officer that a bill or resolution constitutes pension or health benefits legislation rather than 45 days after the date of introduction of any bill or resolution;

    (4) instead of the presiding officer, three-fourths of the members of the House in which a bill or resolution was introduced shall determine whether a bill or resolution is an urgent matter;

    (5) the commission's comments and recommendations shall include: a description of the legislation; how the legislation differs from current law; an estimate of the number of employees or retirees affected; and the potential costs or savings associated with the legislation; and

    (6) the Office of Legislative Services shall make the commission's comments and recommendations available to the public through the most readily available electronic medium.

    The bill also provides that the Legislative Budget and Finance Officer shall review bills or resolutions which had not been previously determined to constitute pension and health benefits legislation but which have been amended or substituted by a standing reference committee and may constitute such legislation as amended or substituted. If that is the case, the House shall not consider or vote upon the bill or resolution or the substitute until either the commission completes its review and provides its comments and recommendations in writing to the presiding officer or the 20th day after the date of the written notice to the commission from the Legislative Budget and Finance Officer, whichever comes first.

 

 

 

Revises the jurisdiction and practices of the Pension and Health Benefits Review Commission.