EDUCATORS' PAY INCREASES/RETIREE SUPPLEMENTS. (NEW)

View NCGA Bill Details2019-2020 Session
House Bill 426 (Public) Filed Thursday, March 21, 2019
AN ACT CONSISTENT WITH THE PROVISIONS OF THE CONFERENCE COMMITTEE SUBSTITUTE AND COMMITTEE REPORT FOR HOUSE BILL 966 OF THE 2019 REGULAR SESSION (1) APPROPRIATING FUNDS TO AWARD LEGISLATIVELY MANDATED SALARY INCREASES IN EACH YEAR OF THE 2019-2021 FISCAL BIENNIUM TO EMPLOYEES OF THE UNIVERSITY OF NORTH CAROLINA AT A FUNDING LEVEL SUPPORTING A ONE-HALF OF ONE PERCENT INCREASE AND TO EMPLOYEES OF THE COMMUNITY COLLEGE SYSTEM AT A FUNDING LEVEL SUPPORTING A ONE PERCENT INCREASE PURSUANT TO POLICIES ADOPTED BY THE BOARD OF GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA AND THE STATE BOARD OF COMMUNITY COLLEGES, RESPECTIVELY, AND ALSO APPROPRIATING FUNDS FOR FACULTY RETENTION AT THE UNIVERSITY OF NORTH CAROLINA IN THE AMOUNT OF SIX MILLION DOLLARS FOR THE 2019-2020 FISCAL YEAR AND ELEVEN MILLION FOUR HUNDRED THIRTY-THREE THOUSAND FOUR HUNDRED THIRTEEN DOLLARS FOR THE 2020-2021 FISCAL YEAR, (2) APPROPRIATING FUNDS FOR THE 2019-2020 FISCAL YEAR TO PROVIDE A ONE PERCENT SALARY INCREASE FOR NONCERTIFIED PUBLIC SCHOOL EMPLOYEES OR A PRORATED AMOUNT AS APPROPRIATE AND EXPRESSING THE INTENTION OF THE GENERAL ASSEMBLY TO APPROPRIATE FUNDS FOR THE 2020-2021 FISCAL YEAR TO PROVIDE A ONE PERCENT SALARY INCREASE FOR NONCERTIFIED PUBLIC SCHOOL EMPLOYEES OR A PRORATED AMOUNT AS APPROPRIATE, (3) REQUIRING THE DEPARTMENT OF PUBLIC INSTRUCTION TO STUDY AND REPORT TO THE GENERAL ASSEMBLY ON SCHOOL PSYCHOLOGIST AND SCHOOL COUNSELOR POSITIONS, (4) SETTING THE EMPLOYER CONTRIBUTION RATES FOR RETIREMENT AND RELATED BENEFITS, (5) PROVIDING TWO ONE-TIME COST-OF-LIVING SUPPLEMENTS THAT ARE BOTH IN THE AMOUNT OF ONE-HALF OF ONE PERCENT OF A BENEFICIARY'S ANNUAL RETIREMENT ALLOWANCE, (6) APPROPRIATING FUNDS TO IMPLEMENT CONNER'S LAW, AND (7) AMENDING SPECIAL INSURANCE BENEFITS OFFERINGS.
Intro. by Faircloth, Hardister.

Status: Re-ref Com On Appropriations (House action) (Aug 28 2019)

SOG comments (1):

Long title change

House committee substitute #2 changed the long title.  Original title was AN ACT TO ADD ONE SUPERIOR COURT JUDGE TO DISTRICT 18B AND TO APPROPRIATE FUNDS.

Bill History:

H 426

Bill Summaries:

  • Summary date: Aug 27 2019 - More information

    House committee substitute to the 2nd edition amends the act's long title.


  • Summary date: Aug 27 2019 - More information

    House committee substitute deletes the provisions of the 1st edition and replaces them with the following.

    Changes the act's titles.

    Appropriates $66,182,078 for the 2019-20 fiscal year and $114,434,263 for the 2020-21 fiscal year from the General Fund to specified entities in specified amounts to cover the costs of legislatively mandated salary and benefit increases provided in the act. 

    Appropriates $530,669 in nonrecurring funds each fiscal year of the 2019-21 biennium from the Highway Fund to the Department of Transportation (DOT) to cover the costs of legislatively mandated salary and benefit increases provided in the act.

    Deems State funds appropriated as agency receipts.

    Transfers $41,420 each fiscal year of the 2019-21 biennium from the Department of Insurance to the General Fund.

    Transfers $1,359 each fiscal year of the 2019-21 biennium from the Office of the State Treasurer to the General Fund.

    Beginning July 1, 2019, increases the salary for permanent, full-time noncertified public school employees on a 12-month contract whose salaries are supported from State funds by 1% for the 2019-20 fiscal year. Provides for a prorated increase for permanent, full-time employees on a contract less than 12 months; permanent, part-time employees; and temporary and permanently hourly employees. States the legislative intent to provide another 1% or prorated salary increase, beginning July 1, 2020, for the 2020-21 fiscal year.

    Directs the Department of Public Instruction (DPI) to study and report on school psychologist and school counselor positions, including a review of seven described elements. Requires DPI to employ a survey for local school administrative units by October 1, 2019, to answer any identified topics applicable to the study by December 31, 2019. Directs DPI to consolidate the reported information, provide any necessary context and analysis, and report the results of the study to the specified NCGA committee and division by March 1, 2020.

    Authorizes the community college boards of trustees to provide personnel a salary increase for the 2019-21 biennium, with funds for compensation increases to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increases pursuant to policies adopted by the State Board of Community Colleges. Requires the State Board of Community Colleges to report to the NCGA and the specified NCGA division by March 1, 2020, and March 1, 2021, on the use of the funds.

    Sets minimum salaries for nine-month, full-time curriculum community college faculty, effective July 1, 2019, ranging from $37,581 to $45,282 depending on education level. Explicitly requires full-time faculty to earn at least the minimum salary for his or her education level. Provides for the pro rata hourly rate of the minimum salary for each education level to be used to determine minimum salaries for part-time faculty members.

    Authorizes the UNC Board of Governors (BOG) to provide employees a salary increase for the 2019-21 biennium, with funds for compensation increases to be used for merit pay, across-the-board increases, recruitment bonuses, retention increases, and any other compensation increases pursuant to policies adopted by the BOG. Requires the BOG to report to the NCGA and the specified NCGA division by March 1, 2020, and March 1, 2021, on the use of the funds.

    Details parameters and limitations of the legislative salary increases, including that the increases do not apply to persons separated from service prior to June 30, 2019, for the 2019-20 fiscal year, or June 30, 2020, for the 2020-21 fiscal year. 

    Grants full-time permanent employees of UNC or a local community college who are eligible to earn annual leave and are employed on July 1, 2019, a one-time additional five days of annual leave, credited on July 1, 2019. Provides the additional leave for part-time permanent employees on a pro rate basis. Details parameters and limitations for the leave awarded, including that the leave has no cash value and cannot be paid out upon separation or retirement. Adds that any vacation in excess of 30 days remaining on December 31 of each year is reduced by the number of days awarded by the act that were actually used by the employee during the year, so that the calculation of vacation leave days that would convert to sick leave reflects the deduction of those days of special annual leave awarded that were used by the employee during the year. Allows the leave to carry forward to each following year, as specified. Clarifies that no employee is required to take the additional leave awarded.

    Requires the Office of State Budget and Management (OSBM) and State agencies to report on the use of lapsed salary funds at the end of each fiscal year. Requires State agencies to report specified information on the use of lapsed salaries to OSBM. Directs OSBM to report to specified NCGA committees and the Fiscal Research Division by October 1 annually.

    Directs the Administrative Office of the Courts (AOC) to study the compensation of specified personnel and report to the specified NCGA committee and division by March 1, 2020.

    Effective for the 2019-21 fiscal biennium, mandates that required employer salary-related contributions be paid from the same source as the source of the employee's salary, with those paid from the General Fund or Highway Fund be paid proportionately to the salary portion supported by those funds. Makes the provisions applicable to payments on behalf of the employee for hospital medical benefits, longevity pay, unemployment compensation, accumulated leave, workers' compensation, severance pay, separation allowances, and applicable disability income benefits. 

    Sets the State's employer contribution rates budgeted for retirement and related benefits for the 2019-20 and 2020-21 fiscal years, effective July 1, 2019, and July 1, 2020, respectively, for teachers and State employees, State law enforcement officers, the University and Community Colleges Optional Retirement Programs, the Consolidated Judicial Retirement System, and the Legislative Retirement System. Repeals Section 2.17(b) and (c) of HB 226 (Pay Increase/State Employees; appears to intend Section 3.15(b) and (c), which provides a similar schedule for employer contribution rates, but with differing rates) if HB 226 becomes law. Provides that if HB 226 becomes law, Sections 4.1(b) and 4.1(c) of this act are amended to increase the State's employer contribution rates budgeted for retirement and related benefits for the 2019-20 and 2020-21 fiscal years, as specified. 

    Amends GS 135-5, concerning retirement benefits for teachers and state employees, adding new subsections (xxx) and (yyy), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.

    Amends GS 135-65, concerning retirement benefits for individuals in the consolidated judicial retirement system, adding new subsections (ii) and (jj), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.

    Amends GS 120-4.22A, concerning retirement benefits for members of the legislative retirement system, adding new subsections (cc) and (dd), providing for cost-of-living increases of .5% on or before October 31, 2019, and another .5% after September 1, 2020, but on or before October 31, 2020.

    Details the parameters and limitations of the cost-of-living increases. Allows the Retirement Systems Division of the Department of State Treasurer to increase receipts from the retirement assets of the corresponding system or pay costs with the administration of the payment directly from the retirement assets in order to administer the cost-of-living supplements for retirees.

    Repeals GS 143-166.60(d)(1), which required the Boards of Trustees of the Teachers' and State Employees' Retirement System and the Local Governmental Employees' Retirement System to provide an accident and sickness disability insurance benefit under a Separate Insurance Benefits Plan for all law enforcement officers (as defined) employed by the State and local governments and all former law enforcement officers previously employed by the State and local governments, who had 20 or more years of service as an officer or are in receipt of a disability retirement allowance from any State-administered retirement system or are in receipt of a benefit from the Disability Income Plan of North Carolina.

    Requires that $6 million of the funds appropriated to UNC in fiscal year 2019-20, and $11,433,413 of the funds appropriated to UNC in fiscal year 2020-21 be used for recruitment and retention of key faculty personnel.

    Conditioned on HB 283 (Conner's Law) becoming law, appropriates the following amounts from the General Fund to the Department of Treasurer to pay the benefits provided under that act: $700,000 in nonrecurring funds for the 2019-20 fiscal year, and $300,000 in recurring funds for each of the 2019-20 and 2020-21 fiscal years. 

    Provides that if any provision of this act and GS 143C-5-4 (enactment deadline; procedures to be followed when the Current Operations Appropriations Act does not become law prior to the end of certain fiscal years) are in conflict, the provisions of this act prevail. Provides that the appropriations and the authorizations to allocate and spend funds which are set out in this act remain in effect until the Current Operations Appropriations Act for the applicable fiscal year becomes law, at which time that act becomes effective and governs appropriations and expenditures. 

    Effective July 1, 2019.

     


  • Summary date: Mar 21 2019 - More information

    Amends GS 7A-41 by increasing the number of superior court judges in district 18B (consisting of part of Guilford County) from one to two. Effective January 1, 2021, and requires elections in 2020 to be conducted in accordance with the new judgeship.

    Appropriates $120,127 in 2020-21 and $226,695 in 2021-22 from the General Fund to the Administrative Office of the Courts. Effective July 1, 2020. 


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