Report Title:

Public Employees; Adjustments

 

Description:

Requires that across-the-board wage increases or reductions and changes in health and retirement benefits for excluded employees in the excluded managerial compensation plan are at least equal to adjustments provided under collective bargaining to employees in the bargaining unit from which the employees in the managerial compensation plan are excluded.  (SD1)

 


THE SENATE

S.B. NO.

642

TWENTY-FIFTH LEGISLATURE, 2009

S.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC EMPLOYEES.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 89C-2, Hawaii Revised Statutes, is amended to read as follows:

     "§89C-2  Adjustments authorized; limitations, restrictions.  Each appropriate authority may make adjustments for their respective excluded employees subject to the following guidelines and limitations:

     (1)  The compensation of excluded employees, whose pay is presently limited or fixed by legislative action, or prescribed by a salary commission, shall not be adjusted under this chapter and shall continue to be limited or fixed by the respective legislative body or salary commission;

     (2)  The compensation of excluded employees exempt from civil service coverage, whose pay is set at the discretion of the appointing authority, shall continue to be adjusted at the discretion of the appointing authority from funds allowed for this purpose;

     (3)  Any adjustment made for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under chapter 76;

     (4)  For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those provided under collective bargaining agreements for employees hired on a comparable basis;

     (5)  For excluded employees in the excluded managerial compensation plan, adjustments shall be at least equal to the across-the-board wage increases or reductions and changes in health and retirement benefits provided under collective bargaining agreements to employees in the bargaining unit from which the employees are excluded;

    [(5)] (6)  For excluded employees other than those under [paragraph] paragraphs (4) and (5), adjustments shall, to the extent practicable, uniformly apply to every excluded employee within a homogeneous grouping, such as, cabinet members or managerial employees, to ensure fairness.  This does not preclude variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions; and

    [(6)] (7)  No adjustment shall be made in benefits provided under chapter 88 unless specifically authorized by that chapter, or with respect to any other matter that the legislature may specifically prohibit or limit by law."

     SECTION 2.  Section 89C-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In formulating recommendations to the appropriate authority, the respective director shall:

     (1)  Establish procedures that allow excluded civil service employees and employee organizations representing them to provide input on adjustments that are relevant and important to them for the director's approval;

     (2)  Ensure that adjustments for excluded civil service employees under the same classification systems as employees within collective bargaining units result in compensation and benefit packages that are at least equal to the compensation and benefit packages provided under collective bargaining agreements for counterparts [and subordinates] within the employer's jurisdiction; [and]

     (3)  Ensure that adjustments for excluded employees in the excluded managerial compensation plan result in compensation and benefit packages that are at least equal to the across-the-board wage increases or reductions and changes in health and retirement benefits provided under collective bargaining agreements for employees in the bargaining unit from which the employees in the managerial compensation plan are excluded; and

    [(3)] (4)  Ensure that proposed adjustments are consistent with chapter 76 [and equivalent or not less than adjustments provided within the employer's jurisdiction]."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.