Bill Summaries: H1055 WORKING FAMILIES AND SMALL BUSINESSES ACT.

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  • Summary date: May 6 2024 - View Summary

    Part I.

    Sets a monthly teacher salary schedule for "A" teachers for 2024-25 for licensed public school personnel classified as teachers, based on years of experience, ranging from $4,600 for teachers with 0 years of experience to $5,875 for 30 or more years of experience. Provides for a 12% salary supplement for licensed teachers who have National Board for Professional Teaching Standards certification; a 10% salary supplement for licensed teachers classified as "M" teachers; a $126 salary supplement for licensed teachers with licensure based on academic preparation at the six-year degree level, in addition to the "M" teachers salary supplement; a $253 salary supplement for licensed teachers with licensure based on academic preparation at the doctoral degree level, in addition to the "M" teachers salary supplement; a 10% salary supplement for certified school nurses; and a $100 salary supplement for school counselors who are licensed as counselors at the master’s degree level or higher.

    Requires that the first step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher must be equivalent to the sixth step of the "A" salary schedule. Provides for a 10% and $350 salary supplement. Deems these employees eligible to receive salary supplements equivalent to those of teachers for academic preparation at the six-year degree level or the doctoral degree level. Requires that the twenty-sixth step of the salary schedule for school psychologists, school speech pathologists licensed at the master's degree level or higher, and school audiologists licensed at the master's degree level or higher must be 7.5% higher than the salary received by these same employees on the twenty-fifth step of the salary schedule. Provides that in lieu of the amounts of annual longevity payments to teachers paid on the teacher salary schedule, beginning with the 2014-15 fiscal year, the amounts of those longevity payments are included in the monthly amounts under the teacher salary schedule.

    Details teacher compensation for the 2024-25 school year based on either (1) the applicable salary schedule; (2) the sum of the salary the teacher received in 2013-14, longevity pay for the 2013-14 school year, and annual bonus provided in SL 2014-100; or (3) the sum of the salary and annual bonus the teacher received in the 2014-15 school year, with the compensation amount determined to be equal to the greater of those amounts. Provides that "teacher" includes instructional support personnel. Appropriates $322,709,000 in recurring funds for 2024-25 from the General Fund to the Department of Public Instruction (DPI) to increase salaries for teachers and support personnel.

    Part II.

    Amends Section 9D.3 of SL 2023-134 by decreasing the family portion under subsidized child care to require that fees for families who are required to share in the cost of care be based on 7% (was, 10%) of gross family income. Effective July 1, 2024.

    Part III.

    Raises salaries for certain individuals whose salaries are (1) set/authorized in this Part under the State Human Resources Act (SHRA) and (2) who are employed in a state-funded position on June 30, 2024, by 5% effective July 1, 2024, in addition to any other raises permitted by law. Allows for permanent part-time employees to receive the increase on a prorated and equitable basis. Specifies that no eligible State-funded employee will be prohibited from receiving the full salary increase solely because the employee’s salary after applying the 5% increase would be above the maximum of the salary range prescribed by the State Human Resources Commission (SHRC). Exempts employees of local boards of education; local community college employees; employees of The University of North Carolina; clerks of superior court compensated under GS 7A-101; certain correctional employees covered by the act; certain law enforcement officers covered by the act; certain probation and parole officers covered by the act; and employees of schools operated by the Department of Health and Human Services (DHHS), the Department of Public Safety (DPS), and the State Board of Education (Board) who are paid based on the Teacher Salary Schedule.

    Authorizes state agencies to use the funding allotted to them from the Receipt-Supported Cost-of-Living Adjustment (COLA) Reserve to fundshift a limited number of receipt-supported positions in the General Fund to net appropriation funding.

    Replaces references to “longevity pay” in GS Chapter 126 with “retention pay.” Increases retention pay provided to employees who are full-time or over half-time and have a permanent, time-limited or probationary appointment and who are in pay status for one-half of the regularly scheduled workdays and holidays in a pay period ranging from 1% for those employees with two years but less than five years of service to 4.5% for those employees with 25 or more years of service.

    Provides for retention bonuses for the 2024-25 fiscal year as follows: (1) the school personnel described in Part I who are SHRA employees and continuously employed by the State or a public school unit from November 1, 2023, to March 31, 2024, a retention bonus of $500 paid during May 2024 and (2) all permanent full-time State employees and local education employees who are employed by the State or a public school unit from November 1, 2023, to March 31, 2024, and who earn an annual salary that does not exceed $75,000 must be paid an additional retention bonus of $250 paid during May 2024 by employers of State employees and local education employees. Specifies that the funds appropriated for retention bonuses in excess of the amounts required to implement these bonuses will revert and not be credited to the Pay Plan Reserve. Specifies how bonuses are to be paid and treated in terms of whether they are categorized as salary.

    Requires the State Board of Community Colleges to provide community college faculty and non-faculty personnel with an increase as provided by this act, effective July 1, 2024.

    For the UNC system, directs that SHRA employee salaries will be increased as provided by this act. Authorizes the UNC Board of Governors to provided EHRA employees a salary increase pursuant to policies adopted by the board for one or more of the following purposes: merit pay, across-the-board increases, recruitment bonuses, retention increases, and other compensation increases pursuant to those policies. Requires the Board of Governors to report on the use of compensation to the General Assembly by October 1, 2024.

    Requires correctional officers in the Department of Adult Correction to be compensated at a specific pay rate on the basis of a salary schedule based on years of experience. Also requires employees in the Department of Public Safety, Division of Juvenile Justice and Delinquency Prevention, to be compensated at a specific pay rate based on years of experience; sets out the salary schedule to be used based on type of position. Sets out the annual salary schedule for correctional officers, based on experience and job class, for 2024-25 ranging from $38,750 for correctional officers classified as COI with 0 years of experience to $55,700 for correctional officers classified as COIII with six or more years of experience.

    Sets an annual salary schedule based on the officer's respective work experience, based on experience and job class, for law enforcement officers of Alcohol Law Enforcement and the State Bureau of Investigation compensated pursuant to an experience-based salary schedule for 2024-2025 ranging from $56,151 for those with 0 years experience and $81,935 for those with 6 years or more of experience.

    Sets an annual salary schedule based on the officer's respective work experience, based on experience and job class, for law enforcement officers of the State Highway Patrol pursuant to an experience-based salary schedule for 2024-25 ranging from $57,750 for those with 0 years experience and $84,265 for those with 6 years or more of experience.

    Sets an annual salary schedule for probation and parole officers, based on experience, for 2024-25 ranging from $46,785 for officers with 0 years experience to $68,266 for officers with 6 years or more of experience. Requires Juvenile Court Counselors working in the Division of Juvenile Justice and Delinquency Prevention to also be paid on this salary schedule.

    Specifies that employees of the schools operated by DHHS, DPS, and the Board who are paid on the Teacher Salary Schedule will be paid as authorized by the act and that employees of the School of Science and Mathematics of The University of North Carolina who are paid pursuant to a salary schedule adopted by the North Carolina School of Science and Mathematics Board of Trustees will be paid in accordance with the schedule adopted by that board.

    Specifies that the COLAs authorized by the act will be paid on July 1, 2024, and do not apply to persons who separated from service due to resignation, dismissal, reduction in force, death, or retirement or whose last workday is prior to June 30, 2024. Provides for flexibility by the Director of the Budget (Director) to administer the act. Sets forth provisions related to the effective dates of State employer contribution rates for administrative purposes. Applies to all employees paid from state funds, including employees of public schools, community colleges, and UNC.

    Provides that the annual salaries in effect for the following on June 30, 2024, must be legislatively increased as provided in Section 2.1 of the act, unless another requirement applies under other provisions of the act: permanent, full-time State officials and persons whose salaries are set in accordance with the SHRA; permanent, full-time State officials and persons in positions exempt from the SHRA; permanent, part-time State employees; and temporary and permanent hourly State employees.

    Bars state agencies from using funds for salary increases for any other purpose. Requires the Office of State Budget and Management (OSBM) to ensure the appropriations are being used appropriately. Specifies that funds appropriated for COLAs and employee benefit increases cannot be used to adjust the budgeted salaries of vacant positions or to provide salary increases in excess of those required by the General Assembly except to increase the budgeted salary of any position to the minimum of the position's salary range and to meet retention pay needs. Authorizes the Director to reallocate funds if they find the funds are being used for other purposes. Specifies that the funds appropriated for COLA and employee benefit increases in excess of the amounts required will be credited to the Pay Plan Reserve. Requires OSBM to report to the specified NCGA committee by October 1, 2024, on the expenditure of funds for legislatively mandated salary increases and employee benefits with four specified matters that must be addressed.

    Amends Section 39.26 of SL 2023-134 by increasing the State’s employer contribution rates 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.

    Amends GS 135-5 (pertaining to benefits under TSERS), GS 135-65 (post retirement increases under CJRS), GS 120-4.22A (post retirement increases under LRS) as follows. Effective July 4, 2024, provides for a 2% COLA for certain beneficiaries who retired on or before July 1, 2023, and for employees who retired after July 1, 2023, and before June 30, 2024. Provides for proration. After September 1, 2024, but on or before October 31, 2024, provides for a one-time 1% COLA supplement payment to be paid on or behalf of living beneficiaries whose retirement began on or before September 1, 2024. Does not allow for proration. Sets forth provisions related to payment if the beneficiary dies before payment is made. Specifies that no beneficiary will be deemed to have acquired a vested right to any future supplemental payments.

    Appropriates from the General Fund to the Reserve for Compensation Increases $210,009,000 in recurring funds for the 2024-25 fiscal year and $399,685,000 in nonrecurring funds for the 2024-25 fiscal year.

    Part IV.

    Enacts GS 105-163.6B (providing a tax credit to employers for wages paid). Defines qualifying taxpayer to mean an employer or payer subject to income tax that has annual receipts for the most recent previous tax year of $8 million or less. Permits qualifying taxpayers to take a credit equal to the lesser of $10,000 or 5% of the wages paid by the qualifying taxpayer during the taxable year. Requires the Secretary to refund the excess to the qualifying taxpayer if the credit plus any other allowable credits exceed the tax imposed. Specifies provisions governing the refundable excess and methods of computation. Provides for substantiation by the qualifying taxpayer upon request of the Secretary. Effective for taxable years beginning on or after January 1, 2025, and sunsets for taxable years beginning on or after January 1, 2027.