act-2005-0-44•Pennsylvania Act 2005-44 — JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.), LEGISLATURE (46 PA.C.S.) AND STATE GOVERNMENT (71 PA.C.S.) - COMPENSATION
Pennsylvania Act 2005-44 — JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.), LEGISLATURE (46 PA.C.S.) AND STATE GOVERNMENT (71 PA.C.S.) - COMPENSATION
act-2005-0-442005 Pa. Act 44Law
Act text
JUDICIARY AND JUDICIAL PROCEDURE (42 PA.C.S.), LEGISLATURE (46 PA.C.S.)
AND STATE GOVERNMENT (71 PA.C.S.) - COMPENSATION
Act of Jul. 7, 2005, P.L. 201, No. 44 Cl. 42
Session of 2005
No. 2005-44
HB 1521
AN ACT
Amending Titles 42 (Judiciary and Judicial Procedure), 46
(Legislature) and 71 (State Government) of the Pennsylvania
Consolidated Statutes, providing for compensation; and making
an inconsistent repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 18
COMPENSATION
Sec.
1801. Definitions.
1802. Supreme Court.
1803. Superior Court.
1804. Commonwealth Court.
1805. Courts of common pleas.
1806. Philadelphia Municipal Court.
1807. Philadelphia Traffic Court.
1808. Magisterial district judges.
1809. Senior judges.
1809.1. District attorneys.
1810. Cost of living.
§ 1801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Base salary." The salary for the designated Federal
official as of January 1, 2005.
§ 1802. Supreme Court.
(a) Justices.--Except as set forth in subsection (b), a
justice of the Supreme Court shall receive as an annual salary
the base salary of a circuit judge of the United States Court of
Appeals plus all adjustments under section 1810 (relating to
cost of living).
(b) Chief Justice.--In addition to the salary under
subsection (a), the Chief Justice of the Supreme Court shall
receive $5,000.
§ 1803. Superior Court.
(a) Judges.--Except as set forth in subsection (b), a judge
of the Superior Court shall receive as an annual salary the base
salary of a judge of the United States District Court plus all
adjustments under section 1810 (relating to cost of living).
(b) President judge.--In addition to the salary under
subsection (a), the President Judge of the Superior Court shall
receive $5,000.
§ 1804. Commonwealth Court.
(a) Judges.--Except as set forth in subsection (b), a judge
of the Commonwealth Court shall receive as an annual salary the
base salary of a judge of the United States District Court plus
all adjustments under section 1810 (relating to cost of living).
(b) President Judge.--In addition to the salary under
subsection (a), the President Judge of the Commonwealth Court
shall receive $5,000.
§ 1805. Courts of common pleas.
(a) Judges.--Except as set forth in subsection (b), a judge
of a court of common pleas shall receive as an annual salary the
base salary of a United States magistrate judge plus all
adjustments under section 1810 (relating to cost of living).
(b) President judges.--In addition to the salary under
subsection (a), the president judge of a court of common pleas
shall receive additional compensation in accordance with the
following schedule:
(1) Allegheny County, $2,500.
(2) Philadelphia County, $3,000.
(3) Judicial districts having six or more judges,
$1,300.
(4) Judicial districts having one to five judges, $650.
(5) Administrative judges of the divisions of the Court
of Common Pleas of Philadelphia County with divisions of six
or more judges, $1,300.
(6) Administrative judges of the divisions of the Court
of Common Pleas of Philadelphia County with divisions of five
or fewer judges, $650.
(7) Administrative judges of the divisions of the Court
of Common Pleas of Allegheny County with divisions of six or
more judges, $1,300.
(8) Administrative judges of the divisions of the Court
of Common Pleas of Allegheny County with divisions of five or
fewer judges, $650.
§ 1806. Philadelphia Municipal Court.
(a) Judges.--Except as set forth in subsection (b), a judge
of the Philadelphia Municipal Court shall receive as an annual
salary the base salary of a United States magistrate judge minus
$3,450 plus all adjustments under section 1810 (relating to cost
of living).
(b) President judge.--In addition to the salary under
subsection (a), the President Judge of the Philadelphia
Municipal Court shall receive $2,250.
§ 1807. Philadelphia Traffic Court.
(a) Judges.--Except as set forth in subsection (b), a judge
of the Philadelphia Traffic Court shall receive an annual salary
equal to 50% of the annual salary determined under section
1805(a) (relating to courts of common pleas) plus $3,800.
(b) President judge.--In addition to the salary under
subsection (a), the President Judge of the Philadelphia Traffic
Court shall receive $650.
§ 1808. Magisterial district judges.
A magisterial district judge shall receive an annual salary
equal to 50% of the annual salary determined under section
1805(a) (relating to courts of common pleas).
§ 1809. Senior judges.
(a) Amount.--The compensation payable to a senior judge of a
court of common pleas, a senior Commonwealth Court judge, a
senior Superior Court judge and a senior Supreme Court justice,
assigned pursuant to section 4121 (relating to assignment of
judges), and a senior Philadelphia Municipal Court judge
assigned pursuant to section 4124 (relating to assignment of
senior Philadelphia Municipal Court judges) shall be $456 per
day plus all adjustments under section 1810(a)(1)(ii) (relating
to cost of living). In any calendar year the amount of
compensation which a senior judge shall be permitted to earn as
a senior judge shall not, when added to retirement income paid
by the Commonwealth for the senior judge, exceed the annual
salary payable by the Commonwealth to a judge then in regular
active service on the court from which the senior judge retired.
(b) Limitation.--In any calendar year, the amount of
compensation which a senior judge assigned to serve on a court
referred to in section 1806 (relating to Philadelphia Municipal
Court), 1807 (relating to Philadelphia Traffic Court) or 1808
(relating to magisterial district judges) shall be permitted to
earn as a senior judge shall not, when added to retirement
income paid by the Commonwealth to that senior judge, exceed the
compensation payable by the Commonwealth to a judge then in
regular active service on the court from which that senior judge
retired.
(c) Volunteer service.--A senior judge who so elects may
serve without being paid all or any portion of the compensation
provided by this section.
§ 1809.1. District attorneys.
Notwithstanding section 1401(g) of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, the salary of a
district attorney and a part-time district attorney shall be
determined as follows:
(1) The salary of a full-time district attorney shall be
95% of the salary of a judge of the court of common pleas
under section 1805(a) (relating to court of common pleas).
(2) The salary of a part-time district attorney shall be
determined as follows:
(i) Counties of the third or fourth class shall be
60% of the salary under paragraph (1).
(ii) Counties of the fifth or sixth class shall be
50% of the salary under paragraph (1).
(iii) Counties of the seventh or eighth class shall
be 40% of the salary under paragraph (1).
§ 1810. Cost of living.
(a) Increase.--Beginning January 1, 2007, and each January 1
thereafter, the current annual salaries under this chapter shall
be increased as follows:
(1) Except as set forth in paragraph (2), by the greater
of:
(i) the percentage increase in the salary of the
applicable designated Federal official during the
immediately preceding period from December 1 through
November 30; or
(ii) the percentage increase in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics.
(2) If the salary of the applicable designated Federal
official has been increased in the previous 12-month period
after not having been increased in one or more previous
consecutive 12-month periods, the current annual salaries
under this chapter shall be increased by the greater of:
(i) the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics; or
(ii) the excess of the percentage of the increase in
the salary of the applicable designated Federal official
over the cumulative percentage increase of the change in
the Consumer Price Index for All Urban Consumers (CPI-U)
for the Pennsylvania, New Jersey, Delaware and Maryland
area for the same period of time between the most current
increase in the salary of the applicable designated
Federal official and the immediate prior increase.
(b) Administration.--The annual salaries as adjusted under
subsection (a) shall be published in the Pennsylvania Bulletin
by the Court Administrator of Pennsylvania by January 1, 2007,
and by each January 1 thereafter.
Section 2. Title 46 is amended by adding a part to read:
PART II
MEMBERS OF THE GENERAL ASSEMBLY
Chapter
11. Compensation
13. Officers and Leaders
CHAPTER 11
COMPENSATION
Sec.
1101. Definitions.
1102. Members of the General Assembly.
1103. Legislative officers and leaders.
1104. Cost of living.
1105. Payment of salaries.
1106. Mileage and expenses.
1107. Additional expenses.
§ 1101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Base salary." The salary for the designated Federal
official as of January 1, 2005.
§ 1102. Members of the General Assembly.
(a) Senate.--Except as set forth in section 1103(a)
(relating to legislative officers and leaders), a member of the
Senate shall receive an annual salary equal to 50% of the base
salary of a member of the United States House of Representatives
plus all adjustments under section 1104 (relating to cost of
living).
(b) House of Representatives.--Except as set forth in
section 1103(b), a member of the House of Representatives shall
receive an annual salary equal to 50% of the base salary of a
member of the United States House of Representatives plus all
adjustments under section 1104.
§ 1103. Legislative officers and leaders.
(a) Senate.--Annual salaries for legislative officers and
leaders of the Senate are as follows:
(1) Except as set forth in paragraph (5)(i), a committee
chairman shall receive 55% of the base salary of a member of
the United States House of Representatives plus all
adjustments under section 1104 (relating to cost of living).
(2) A committee vice chairman shall receive 52.5% of the
base salary of a member of the United States House of
Representatives plus all adjustments under section 1104.
(3) The following shall receive the salary determined
under paragraph (1) plus 20% of that salary:
(i) Caucus Administrator.
(ii) Caucus Secretary.
(iii) Caucus Policy Chairman.
(iv) Deputy Whip.
(4) The Caucus Chairman shall receive the salary
determined under paragraph (3) plus 8% of that salary.
(5) The following shall receive the salary determined
under paragraph (4) plus 8% of that salary:
(i) Appropriations Chairman.
(ii) Whip.
(6) A Floor Leader shall receive the salary determined
under paragraph (5) plus 8% of that salary.
(7) The President pro tempore of the Senate shall
receive the salary determined under paragraph (6) plus 8% of
that salary.
(b) House of Representatives.--Annual salaries for
legislative officers and leaders of the House of Representatives
are as follows:
(1) Except as set forth in paragraph (5)(i), a committee
chairman shall receive 55% of the base salary of a member of
the United States House of Representatives plus all
adjustments under section 1104.
(2) A committee vice chairman and a subcommittee
chairman shall receive 52.5% of the base salary of a member
of the United States House of Representatives plus all
adjustments under section 1104.
(3) The following shall receive the salary determined
under paragraph (1) plus 20% of that salary:
(i) Caucus Administrator.
(ii) Caucus Secretary.
(iii) Caucus Policy Chairman.
(4) The Caucus Chairman shall receive the salary
determined under paragraph (3) plus 8% of that salary.
(5) The following shall receive the salary determined
under paragraph (4) plus 8% of that salary:
(i) Appropriations Chairman.
(ii) Whip.
(6) A Floor Leader shall receive the salary determined
under paragraph (5) plus 8% of that salary.
(7) The Speaker of the House of Representatives shall
receive the salary determined under paragraph (6) plus 8% of
that salary.
(c) Limitations.--
(1) An individual entitled to receive an annual salary
under this section shall be ineligible to concurrently
receive an annual salary under section 1102 (relating to
members of the General Assembly).
(2) An individual shall be ineligible to concurrently
receive more than one annual salary under this section.
(3) An individual entitled to receive an annual salary
under subsection (a)(3), (4), (5), (6) or (7) shall be
ineligible to concurrently receive an annual salary under
subsection (a)(1) or (2).
(4) An individual entitled to receive an annual salary
under subsection (b)(3), (4), (5), (6) or (7) shall be
ineligible to concurrently receive an annual salary under
subsection (b)(1) or (2).
(d) Officers and chairmen.--
(1) Except as set forth in paragraph (2), if an
individual receives an annual salary increase under this
section, the salary increase shall take effect as of the date
the individual is selected or elected.
(2) For an individual who is selected or elected in the
first two months of an odd-numbered year, if the individual
receives an annual salary increase under this section, the
salary increase shall be retroactive to December 1 of the
preceding even-numbered year.
§ 1104. Cost of living.
(a) Formula.--On December 1, 2006, and each December 1
thereafter, the current annual salaries under sections 1102
(relating to members of the General Assembly) and 1103(a)(1) and
(2) and (b)(1) and (2) (relating to legislative officers and
leaders) shall be increased as follows:
(1) Except as set forth in paragraph (2), by the greater
of:
(i) the percentage increase in the salary of the
applicable designated Federal official during the
immediately preceding period from December 1 through
November 30; or
(ii) the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area, for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics.
(2) If the salary of the applicable designated Federal
official has been increased in the previous 12-month period
after not having been increased in one or more previous
consecutive 12-month periods, the current annual salaries
under sections 1102 and 1103(a)(1) and (2) and (b)(1) and (2)
shall be increased by the greater of:
(i) the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics; or
(ii) the excess of the percentage of the increase in
the salary of the applicable designated Federal official
over the cumulative percentage increase of the change in
the Consumer Price Index for All Urban Consumers (CPI-U)
for the Pennsylvania, New Jersey, Delaware and Maryland
area for the same period of time between the most current
increase in the salary of the applicable designated
Federal official and the immediate prior increase.
(b) Administration.--The annual salaries determined jointly
by the Chief Clerk of the Senate and the Chief Clerk of the
House of Representatives under subsection (a) shall be published
in the Pennsylvania Bulletin by December 1, 2006, and by each
December 1 thereafter.
§ 1105. Payment of salaries.
The annual salary of a member of the General Assembly shall
be payable in equal monthly installments the first day of the
month, including the installment due December 1 of each even-
numbered year.
§ 1106. Mileage and expenses.
(a) Mileage.--A member of the General Assembly shall be
reimbursed for mileage, circular, between the member's home and
the State Capitol for each week the member was in actual
attendance in session. The rate of reimbursement shall be set by
the Committee on Management Operations for members of the Senate
and by the Bipartisan Management Committee for members of the
House of Representatives. The rate shall not exceed the Standard
Business Mileage Rate set by the Internal Revenue Service.
(b) Expenses.--Each member of the General Assembly shall
receive an allocation for clerical assistance and other actual
expenses incurred during the member's term in connection with
the duties of the member's office in the sum of $7,500 annually.
§ 1107. Additional expenses.
(a) Senate.--
(1) Beginning on the effective date of this subsection
and ending November 30, 2008, a member of the Senate shall
receive monthly, in addition to any allocation for clerical
assistance and other actual expenses, an unvouchered expense
allocation in the amount of 1/12 of the difference between:
(i) the amount specified for a member in:
(A) section 1102(a) (relating to members of the
General Assembly) plus section 1104 (relating to cost
of living) as appropriate; or
(B) section 1103(a) (relating to legislative
officers and leaders) plus section 1104 as
appropriate; and
(ii) the amount calculated for that member as of the
effective date of this subparagraph pursuant to the act
of September 30, 1983 (P.L.160, No.39), known as the
Public Official Compensation Law.
(2) This subsection shall expire November 30, 2008.
(b) House of Representatives.--
(1) Beginning on the effective date of this subsection,
a member of the House of Representatives may receive each
month, in addition to any allocation for clerical assistance
and other actual expenses, an unvouchered expense allocation
in the amount of 1/12 of the difference between:
(i) the amount specified for a member in:
(A) section 1102(b); or
(B) section 1103(b) as appropriate; and
(ii) the amount calculated for that member as of the
effective date of this subparagraph pursuant to the
Public Official Compensation Law.
(2) The Rules Committee of the House of Representatives
shall determine the procedure by which a member of the House
of Representatives may receive an allocation under this
subsection.
(3) This subsection shall expire November 30, 2006.
CHAPTER 13
OFFICERS AND LEADERS
Sec.
1301. Senate.
1302. House of Representatives.
§ 1301. Senate.
(a) Election.--
(1) The President pro tempore of the Senate shall be
elected by the members of the Senate.
(2) The following officers of the Senate shall be
elected by the appropriate caucus:
(i) Majority Leader.
(ii) Minority Leader.
(iii) Majority Whip.
(iv) Minority Whip.
(v) Majority Caucus Chairman.
(vi) Minority Caucus Chairman.
(vii) Appropriations Chairman.
(viii) Minority Appropriations Chairman.
(ix) Majority Caucus Secretary.
(x) Minority Caucus Secretary.
(xi) Minority Policy Chairman.
(b) Appointment.--
(1) The following officers of the Senate shall be
appointed by the President pro tempore of the Senate:
(i) Majority Policy Chairman.
(ii) Majority Caucus Administrator.
(iii) Majority Deputy Whip.
(2) The following officers of the Senate shall be
appointed by the Minority Leader of the Senate:
(i) Minority Caucus Administrator.
(ii) Minority Deputy Whip.
§ 1302. House of Representatives.
(a) Members.--The Speaker of the House of Representatives
shall be elected by the members of the House of Representatives.
(b) Caucuses.--The following officers of the House of
Representatives shall be elected by the appropriate caucus:
(1) Majority Leader.
(2) Minority Leader.
(3) Majority Whip.
(4) Minority Whip.
(5) Majority Caucus Chairman.
(6) Minority Caucus Chairman.
(7) Appropriations Chairman.
(8) Minority Appropriations Chairman.
(9) Majority Caucus Secretary.
(10) Minority Caucus Secretary.
(11) Majority Policy Chairman.
(12) Minority Policy Chairman.
(13) Majority Caucus Administrator.
(14) Minority Caucus Administrator.
Section 3. Title 71 is amended by adding a part to read:
PART II
EXECUTIVE OFFICERS
Chapter
11. Compensation
CHAPTER 11
COMPENSATION
Sec.
1101. Definitions.
1102. Governor, Lieutenant Governor and Cabinet.
1103. State Treasurer, Auditor General and Attorney General.
1104. Additional salary prohibited.
1105. Cost of living.
§ 1101. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Base salary." The salary for the designated Federal
official as of January 1, 2007.
§ 1102. Governor, Lieutenant Governor and Cabinet.
(a) Governor.--The Governor shall receive an annual salary
equal to 85% of the base salary of the Vice President of the
United States plus all adjustments under section 1105 (relating
to cost of living).
(b) Lieutenant Governor.--The Lieutenant Governor shall
receive an annual salary equal to:
(1) the salary under 46 Pa.C.S. § 1103(a)(7) (relating
to legislative officers and leaders); plus
(2) $15,000.
(c) Cabinet.--Each of the following officers shall receive
an annual salary equal to 85% of the base salary of the Attorney
General of the United States plus all adjustments under section
1105:
(1) Adjutant General.
(2) Secretary of Aging.
(3) Secretary of Agriculture.
(4) Secretary of Banking.
(5) Secretary of the Commonwealth.
(6) Secretary of Community and Economic Development.
(7) Secretary of Conservation and Natural Resources.
(8) Secretary of Corrections.
(9) Secretary of Education.
(10) Secretary of Environmental Protection.
(11) Secretary of General Services.
(12) Secretary of Health.
(13) Insurance Commissioner of the Commonwealth.
(14) Secretary of Labor and Industry.
(15) Secretary of Public Welfare.
(16) Secretary of Revenue.
(17) Pennsylvania State Police Commissioner.
(18) Secretary of Transportation.
§ 1103. State Treasurer, Auditor General and Attorney General.
Each of the following officers shall receive an annual salary
equal to 94% of the base salary of the Attorney General of the
United States plus all adjustments under section 1105 (relating
to cost of living):
(1) State Treasurer.
(2) Attorney General.
(3) Auditor General.
§ 1104. Additional salary prohibited.
No officer listed in this chapter shall receive additional
salary for services rendered to the Commonwealth in any
capacity.
§ 1105. Cost of living.
(a) Increase.--On January 1, 2008, and each January 1
thereafter, the current annual salaries under section 1102(a)
and (c) (relating to Governor, Lieutenant Governor and Cabinet)
and 1103 (relating to State Treasurer, Auditor General and
Attorney General) shall be increased as follows:
(1) Except as set forth in paragraph (2), by the greater
of:
(i) the percentage increase in the salary of the
applicable designated Federal official during the
immediately preceding period from December 1 through
November 30; or
(ii) the percentage increase in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area, for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics.
(2) If the salary of the applicable designated Federal
official has been increased in the previous 12-month period
after not having been increased in one or more previous
consecutive 12-month periods, the current annual salaries
under sections 1102(a) and (c) and 1103 shall be increased by
the greater of:
(i) the percentage change in the Consumer Price
Index for All Urban Consumers (CPI-U) for the
Pennsylvania, New Jersey, Delaware and Maryland area for
the most recent 12-month period for which figures have
been officially reported by the United States Department
of Labor, Bureau of Labor Statistics; or
(ii) the excess of the percentage of the increase in
the salary of the applicable designated Federal official
over the cumulative percentage increase of the change in
the Consumer Price Index for All Urban Consumers (CPI-U)
for the Pennsylvania, New Jersey, Delaware and Maryland
area for the same period of time between the most current
increase in the salary of the applicable designated
Federal official and the immediate prior increase.
(b) Administration.--The annual salaries as adjusted under
subsection (a) shall be published by the Secretary of the Budget
in the Pennsylvania Bulletin by January 1, 2008, and by each
January 1 thereafter.
Section 4. This act shall apply as follows:
(1) Except for the application of 46 Pa.C.S. § 1107, the
addition of 46 Pa.C.S. §§ 1101 through 1104 and 1106(a) shall
apply to members of the General Assembly elected after the
effective date of this act.
(2) The addition of 46 Pa.C.S. § 1107 shall apply to
members of the General Assembly elected prior to the
effective date of this act.
(3) The addition of 71 Pa.C.S. §§ 1102(c) and 1105 shall
apply to individuals who are appointed after December 31,
2006.
(4) The addition of 71 Pa.C.S. §§ 1102(a) and (b) and
1103 shall apply to individuals who are elected after the
effective date of this act.
(5) For purposes of section 3(d) of the act of September
30, 1983 (P.L.160, No.39), known as the Public Official
Compensation Law, the salary of the Secretary of Community
and Economic Development shall be deemed to be the salary on
the day before the effective date of this act. This salary is
subject to adjustment under section 3(e) of the Public
Official Compensation Law.
Section 5. The act of September 30, 1983 (P.L.160, No.39),
known as the Public Official Compensation Law is repealed
insofar as it is inconsistent with this act.
Section 6. The provisions of this act are nonseverable. If
any provision of this act or its application to any person or
circumstance is held invalid, the remaining provisions or
applications of this act are void.
Section 7. This act shall take effect immediately.
APPROVED--The 7th day of July, A. D. 2005.
EDWARD G. RENDELL
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