SENATE, No. 1691

 

STATE OF NEW JERSEY

 

INTRODUCED NOVEMBER 18, 1996

 

 

By Senator LaROSSA

 

 

An Act establishing a displaced workers pool program for laid-off State employees and amending N.J.S.11A:8-3 and P.L.1992, c.197.

 

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

 

    1. N.J.S.11A:8-3 is amended to read as follows:

    11A:8-3. Alternatives to layoff. a. The commissioner, in consultation with the advisory committee established pursuant to subsection m. of N.J.S. 11A:2-11, may recommend rules to the board on voluntary reduced work time or other alternatives to layoffs. Employee participation in the program shall not affect special reemployment or retention rights.

    b. The commissioner is authorized and directed to establish a displaced workers pool program for all permanent State employees in any title who are scheduled to be laid off for economy, efficiency or other related reason. Any permanent State employee in any title who is scheduled to be laid off for economy, efficiency or other related reason may enroll in the program. An individual in the program shall be deemed an employee of the State and shall be allowed to participate in the program for a period not to exceed six months in anticipation of the opportunity of being rehired in the same or a similar title from which the individual was terminated. Individuals in the program shall be assigned to work in positions related to the type of work performed prior to the layoff. If suitable work is not available, an individual in the program shall be assigned to outplacement services counseling. Failure of an individual to report for work or outplacement services counseling shall be grounds for removal from the program. At the discretion of the commissioner, an individual in the program shall receive either the salary in effect at the time of the layoff or the salary that the individual would have received had a demotional opportunity been available at the time of the layoff. Seniority for the purpose of continuous State service and credit for pension purposes shall continue to be earned while an individual is in the program. Health benefits and vacation, sick and administrative leave in place at the time of the layoff shall continue to be maintained and accrue while an individual is in the program.

(cf: N.J.S.11A:8-3)

 

    2. (New section) Any former permanent State employee who was laid off for economy, efficiency or other related reason on or after July 1, 1996 and prior to the effective date of this act, P.L. , c. (C. ) (now pending before the Legislature as this bill), shall be permitted to enroll in the displaced workers pool program for a period not to exceed six months in anticipation of the opportunity of being rehired in the same or a similar title from which the individual was terminated.

 

    3. Section 1 of P.L.1992, c.197 (C.11A:4-1.1) is amended to read as follows:

    1. a. The Commissioner of the Department of Personnel shall establish a $5 fee for each application for an open competitive or promotional examination. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1959, c.86 (C.44:10-1 et seq.), or P.L.1973, c.256 (C.44:7-85 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from application fees established by this subsection shall be appropriated to the department.

    b. In addition to the fee established in subsection a. of this section, the commissioner shall establish a $5 fee for each application for an open competitive or promotional examination for a position in State service. Persons receiving public assistance benefits pursuant to P.L.1947, c.156 (C.44:8-107 et seq.), P.L.1959, c.86 (C.44:10-1 et seq.), or P.L.1973, c.256 (C.44:7-85 et seq.) shall not be required to pay this fee if they apply for an open competitive examination. Receipts derived from the application fee established pursuant to this subsection shall be appropriated annually to the department for the costs of the displaced workers pool program. [This fee shall not be assessed and collected unless the commissioner implements a displaced workers pool program. If the displaced workers pool program is terminated at any time by the commissioner, the assessment and collection of this additional fee shall also be terminated.] In addition, the Director of the Division of Budget and Accounting in the Department of the Treasury is authorized and directed to transfer or credit to the department all or part of any appropriation made to any principal department in the Executive branch of State government to fund the State's unemployment insurance liability for the purpose of funding the displaced workers pool program.

(cf: P.L.1996, c.46, s.1)


 4. This act shall take effect immediately.

 

 

STATEMENT

 

    Language in the FY 1997 Appropriations Act called for the creation of a displaced workers pool program for State employees scheduled to be laid off. However, that provision will terminate with the expiration of the FY 1997 Appropriations Act. Moreover, the program which the Department of Personnel has established applies only to a small number of laid-off State workers in certain select titles.

    This bill makes permanent the establishment of the displaced workers pool program. It directs the Commissioner of Personnel to establish such a program for all permanent State employees in any title who are scheduled to be laid off for economy, efficiency or other related reason. Any permanent State employee in any title who is scheduled to be laid off for economy, efficiency or other related reason may enroll in the program. An individual in the program shall be deemed an employee of the State and shall be allowed to participate in the program for a period not to exceed six months in anticipation of the opportunity of being rehired in the same or a similar title from which the individual was terminated. Individuals in the program shall be assigned to work in positions related to the type of work performed prior to the layoff. If suitable work is not available, an individual in the program shall be assigned to outplacement services counseling. Failure of an individual to report for work or outplacement services counseling shall be grounds for removal from the program. At the discretion of the commissioner, an individual in the program shall receive either the salary in effect at the time of the layoff or the salary that the individual would have received had a demotional opportunity been available at the time of the layoff. Seniority for the purpose of continuous State service and credit for pension purposes shall continue to be earned while an individual is in the program. Health benefits and vacation, sick and administrative leave in place at the time of the layoff shall continue to be maintained and accrue while an individual is in the program.

    Any former permanent State employee who was laid off for economy, efficiency or other related reason on or after July 1, 1996 and prior to the effective date of this act shall be permitted to enroll in the displaced workers pool program for a period not to exceed six months in anticipation of the opportunity of being rehired in the same or a similar title from which the individual was terminated.

    The Director of the Division of Budget and Accounting in the Department of the Treasury is authorized and directed to transfer or credit to the Department of Personnel all or part of any appropriation made to any department to fund the State's unemployment insurance liability for the purpose of funding the displaced workers pool program. Existing law already provides that receipts derived from the additional $5 for an application fee to take an open competitive or promotional examination for a position in State service shall be appropriated annually to the department for the costs of the displaced workers pool program.

 

 

                            

Establishes a displaced workers pool program for laid-off State employees.