GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1993

H	1 

HOUSE BILL 325*

Short Title:  GPAC/Longevity Equalized/Freeze.	(Public)
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Sponsors: (by request) Representatives Diamont, Blue, Hensley, H. Hunter, G. Miller, Nesbitt, and Robinson.
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Referred to:  Public Employees.
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February 25, 1993

A BILL TO BE ENTITLED
AN ACT TO IMPLEMENT A RECOMMENDATION OF THE GOVERNMENT PERFORMANCE AUDIT COMMITTEE TO EQUALIZE LONGEVITY PAY SCHEDULES, EXCEPT AS LIMITED BY THE NORTH CAROLINA CONSTITUTION BUT TO ALLOW EMPLOYEES AND OFFICERS CURRENTLY RECEIVING LONGEVITY AT A HIGHER LEVEL TO CONTINUE TO RECEIVE IT AT A FROZEN LEVEL.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 7A-10(c) reads as rewritten:
"(c)	In lieu of merit and other increment raises paid to regular State employees, the Chief Justice and each of the Associate Justices shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act. If the Chief Justice or an Associate Justice was receiving longevity pay on June 30, 1993, that officer shall continue receiving longevity pay during that officer's continuance in that office at the rate applicable on June 30, 1993, as required by Article IV, Section 21 of the Constitution.  No increase in salary granted to such officer subsequent to June 30, 1993, shall apply to a person receiving longevity pay during that officer's continuance in office until the total amount of salary increases subsequent to June 30, 1993, exceeds the amount of longevity pay, in which case the officer shall receive the excess."
Sec. 2.  G.S. 7A-18(b) reads as rewritten:
"(b)	In lieu of merit and other increment raises paid to regular State employees, a judge of the Court of Appeals shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  If the judge was receiving longevity pay on June 30, 1993, that officer shall continue receiving longevity pay during that officer's continuance in that office at the rate applicable on June 30, 1993, as required by Article IV, Section 21 of the Constitution.  No increase in salary granted to such officer subsequent to June 30, 1993, shall apply to a person receiving longevity pay during that officer's continuance in office until the total amount of salary increases subsequent to June 30, 1993, exceeds the amount of longevity pay, in which case the officer shall receive the excess."
Sec. 3.  G.S. 7A-44(b) reads as rewritten:
"(b)	In lieu of merit and other increment raises paid to regular State employees, a judge of the superior court, regular or special, shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  If the judge was receiving longevity pay on June 30, 1993, that officer shall continue receiving longevity pay during that officer's continuance in office at the rate applicable on June 30, 1993, as required by Article IV, Section 21 of the Constitution.  No increase in salary granted to such officer subsequent to June 30, 1993, shall apply to a person receiving longevity pay during that officer's continuance in office until the total amount of salary increases subsequent to June 30, 1993, exceeds the amount of longevity pay, in which case the officer shall receive the excess."
Sec. 4.  G.S. 7A-65 reads as rewritten:
"§ 7A-65.  Compensation and allowances of district attorneys and assistant district attorneys.
(a)	The annual salary of district attorneys and full-time assistant district attorneys shall be as provided in the Current Operations Appropriations Act.  When traveling on official business, each district attorney and assistant district attorney is entitled to reimbursement for his subsistence and travel expenses to the same extent as State employees generally.
(b)	Repealed by Session Laws 1985, c. 689, s. 2, effective July 11, 1985.
(c)	In lieu of merit and other increment raises paid to regular State employees, a district attorney shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. 
(d)	In lieu of merit and other increment raises paid to regular State employees, an assistant district attorney shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. "
Sec. 5.  G.S. 7A-101(c) reads as rewritten:
"(c)	In lieu of merit and other increment raises paid to regular State employees, a clerk of superior court shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. "
Sec. 6.  G.S. 7A-144(b) reads as rewritten:
"(b)	Notwithstanding merit, longevity and other increment raises paid to regular State employees, a judge of the district court shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act. If the judge was receiving longevity pay on June 30, 1993, that officer shall continue receiving longevity pay during that officer's continuance in office at the rate applicable on June 30, 1993, as required by Article IV, Section 21 of the Constitution.  No increase in salary granted to such officer subsequent to June 30, 1993, shall apply to a person receiving longevity pay during that officer's continuance in office until the total amount of salary increases subsequent to June 30, 1993, exceeds the amount of longevity pay, in which case the officer shall receive the excess."
Sec. 7.  G.S. 7A-341 reads as rewritten:
"§ 7A-341.  Appointment and compensation of Director.
The Director shall be appointed by the Chief Justice of the Supreme Court, to serve at his pleasure.  He shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay 	on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. Service as Director shall be equivalent to service as a superior court judge for the purposes of entitlement to retirement pay or to retirement for disability."
Sec. 8.  G.S. 7A-342 reads as rewritten:
"§ 7A-342.  Appointment and compensation of assistant director and other employees.
The assistant director shall also be appointed by the Chief Justice, to serve at his pleasure.  The assistant director shall receive the annual salary provided in the Current Operations Appropriations Act, payable monthly, and reimbursement for travel and subsistence expenses at the same rate as State employees generally and longevity pay 	on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993.
The Director may appoint such other assistant and employees as are necessary to enable him to perform the duties of his office."
Sec. 9.  G.S. 7A-465(b) reads as rewritten:
"(b)	The public defender shall be an attorney licensed to practice law in North Carolina, and shall devote his full time to the duties of his office.
In lieu of merit and other increment raises paid to regular State employees, a public defender shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. "
Sec. 10.  G.S. 7A-467(d) reads as rewritten:
"(d)	In lieu of merit and other increment raises paid to regular State employees, an assistant public defender shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office.  No such person shall receive any increase in longevity rate after June 29, 1993. "
Sec. 11.  G.S. 62-10(h) reads as rewritten:
"(h)	The salary of each commissioner shall be the same as that fixed from time to time for judges of the superior court except that the commissioner designated as chairman shall receive one thousand dollars ($1,000) additional per annum.  In lieu of merit and other increment raises paid to regular State employees, each commissioner, including the commissioner designated as chairman, shall receive longevity pay on the same basis as is provided to employees of the State who are subject to the State Personnel Act.  Any person who, on June 29, 1993, was entitled to longevity pay under this section shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues the same office. No such person shall receive any increase in longevity rate after June 29, 1993. "
Sec. 12. Chapter 126 of the General Statutes is amended by adding a new section to read:
"§ 126-4.1.  No longevity pay.
(a)	The longevity pay system adopted by the State Personnel Commission may not provide any benefits greater than those in effect on November 1, 1992.  No agency other than the State Personnel Commission may have in force any longevity schedule providing greater benefits than those provided to employees of the State who are subject to the State Personnel Act, except as provided for certain justices and judges under G.S. 7A-10, 7A-18, 7A-44, or 7A-144.
(b)	Any person who, on June 30, 1993, was entitled to longevity pay under any policy, which was in effect on November 1, 1992, of the State Personnel Commission or any other State agency, shall continue receiving longevity pay at the rate in effect for that person on June 29, 1993, as long as that person continues employment with the same branch of government.  No such person shall receive any increase in longevity rate after June 29, 1993.
(c)	This section applies to all State employees, whether or not otherwise exempted from this Chapter.
(d)	As used in G.S. 7A-10(c), 7A-18(b), 7A-44(b), and 7A-144(b), in calculating the amoung by which future salary increases are limited by the amount of longevity pay being received on June 30, 1993, only the excess of longevity pay received over that which would have been provided under the State Personnel Act shall be considered."
Sec. 13.  This act becomes effective June 30, 1993.