Pennsylvania Act 1983-39 — PUBLIC OFFICIAL COMPENSATION LAW

Act text

AN ACT

Establishing salaries and compensation of certain public officials including justices and judges of Statewide courts, judges of courts of common pleas, judges of the Philadelphia Municipal Court, judges of the Philadelphia Traffic Court, district justices and the Governor, the Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and certain other State officers and the salary and certain expenses of the members of the General Assembly; and repealing certain inconsistent acts.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Short title.

This act shall be known and may be cited as the Public Official Compensation Law.

(1 reenacted Nov. 16, 2005, P.L.385, No.72)

Section 2. Judiciary. (2 repealed Dec. 18, 1992, P.L.1259, No.167)

Section 2.1. Judicial salaries.

(a) Supreme Court.--The annual salary of the Chief Justice of the Supreme Court shall be $123,000, and the annual salary of each of the other justices of the Supreme Court shall be $119,750.

(b) Superior Court.--The annual salary of the President Judge of the Superior Court shall be $117,750, and the annual salary of the other judges of the Superior Court shall be $116,000.

(c) Commonwealth Court.--The annual salary of the President Judge of the Commonwealth Court shall be $117,750. The annual salary of each of the other judges of the Commonwealth Court shall be $116,000.

(d) Courts of common pleas.--

(1) The annual salary of a president judge of a court of common pleas shall be fixed in accordance with the following schedule:

(i) Allegheny County, $106,000.

(ii) Philadelphia County, $106,500.

(iii) Judicial districts having six or more judges, $105,000.

(iv) Judicial districts having three to five judges, $104,500.

(v) Judicial districts having one or two judges, $104,000.

(vi) Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of six or more judges, $105,000.

(vii) Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of five or less judges, $104,500.

(viii) Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of six or more judges, $105,000.

(ix) Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of five or less judges, $104,500.

(2) The other judges of the courts of common pleas shall be paid an annual salary of $104,000.

(e) Philadelphia Municipal Court.--The President Judge of the Philadelphia Municipal Court shall receive an annual salary of $103,000. The annual salary for the other judges of the Philadelphia Municipal Court shall be $101,250.

(f) Philadelphia Traffic Court.--The President Judge of the Philadelphia Traffic Court shall receive an annual salary of $55,000. The annual salary for the other judges of the Philadelphia Traffic Court shall be $54,500.

(g) Magisterial district judges.--A magisterial district judge shall receive an annual salary payable by the Commonwealth of $51,500.

(h) Senior judges.--The compensation of the senior judges pursuant to 42 Pa.C.S. § 4121 (relating to assignment of judges) shall be $315 per day. 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 such senior judge exceed the compensation payable by the Commonwealth to a judge then in regular active service on the court from which said senior judge retired. A senior judge who so elects may serve without being paid all or any portion of the compensation provided by this section.

(i) Annual cost-of-living adjustment.--

(1) Except as provided under paragraph (2), beginning January 1, 1997, and each January 1 thereafter, the annual salaries under subsections (a) through (h) shall be increased by 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 immediately prior to the date the adjustment is due to take effect. The percentage increase and salary amounts shall be determined prior to the annual effective date of the adjustment by the Supreme Court and shall be published in the Pennsylvania Bulletin by the Court Administrator of Pennsylvania within 20 days of the date the determination is made.

(2) The annual salaries under this section may not be increased by an annual cost-of-living adjustment under paragraph (1) for the annual period beginning January 1, 2021, and ending December 31, 2021. Notice of the provisions of this subsection shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to December 1, 2020.

(3) The annual salaries for individuals subject to 42 Pa.C.S. § 1741(a)(1) or (2) (relating to compensation of judges) may not be increased by a cost-of-living adjustment under 42 Pa.C.S. § 1741(b) for the annual period beginning January 1, 2021, and ending December 31, 2021. Notice of the provisions of this subsection shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to December 1, 2020.

((i) amended Oct. 16, 2020, P.L.706, No.79)

(2.1 reenacted and amended Nov. 16, 2005, P.L.385, No.72)

Compiler's Note: Section 3 of Act 79 of 2020, which amended subsection (i), provided that the amendment of section 2.1 shall be severable from the remainder of Act 79.

Section 3 of Act 30 of 2007 provided that section 2.1 is repealed insofar as it is inconsistent with 42 Pa.C.S Ch. 17 Subch. C (relating to compensation).

Section 3. Compensation of Governor and Lieutenant Governor; State Treasurer; Auditor General; Attorney General; Commissioners of the Pennsylvania Public Utility Commission; and heads of departments.

(a) The Governor, the Lieutenant Governor and Cabinet.--The annual salaries of the Governor, the Lieutenant Governor and the heads of the departments shall be as follows: Governor, $125,000; Lieutenant Governor, $105,000; Adjutant General, $90,000; Secretary of Aging, $95,000; Secretary of Agriculture, $90,000; Secretary of Banking, $90,000; Secretary of Community and Economic Development, $95,000; Secretary of the Commonwealth, $90,000; Secretary of Education, $100,000; Secretary of Environmental Protection, $100,000; Secretary of General Services, $95,000; Secretary of Health, $100,000; Insurance Commissioner, $90,000; Secretary of Labor and Industry, $100,000; Secretary of Public Welfare, $100,000; Secretary of Revenue, $95,000; State Police Commissioner, $95,000; Secretary of Transportation, $100,000; Secretary of Corrections, $100,000; Secretary of Conservation and Natural Resources $95,000. ((a) reenacted and amended Nov. 16, 2005, P.L.385, No.72)

(b) Compensation of State Treasurer, Auditor General and Attorney General.--The annual salaries of the State Treasurer, Auditor General and Attorney General shall be as follows: State Treasurer, $104,000; Auditor General, $104,000; Attorney General, $104,000. ((b) reenacted and amended Nov. 16, 2005, P.L.385, No.72)

(b.1) Compensation of members of boards and commission.--The annual salaries of the members of boards and commission shall be as follows: member of the Liquor Control Board, $48,800; Chairman of the Liquor Control Board, $50,800; member of the Civil Service Commission, $40,625; Chairman of the Civil Service Commission, $40,625; member of the State Tax Equalization Board, $16,250; Chairman of the State Tax Equalization Board, $17,500; member of Milk Marketing Board, $15,625; Chairman of Milk Marketing Board, $16,250; member of the Securities Commission, $15,000; Chairman of the Securities Commission, $16,250; member of the Athletic Commission, $12,500; Chairman of the Athletic Commission, $13,125; member of the Board of Pardons, $11,500; Chairman of the Board of Claims, $84,800; member of the Board of Claims, $80,800.

(c) Additional compensation prohibited.--Neither the Governor, Lieutenant Governor, State Treasurer, Auditor General or Attorney General nor the head of any administrative department nor member of any board or commission referenced herein, shall receive any additional compensation for any services rendered to the Commonwealth in any capacity. ((c) reenacted and amended Nov. 16, 2005, P.L.385, No.72)

(d) Compensation of commissioners of the Pennsylvania Public Utility Commission.--Each of the commissioners of the Pennsylvania Public Utility Commission shall receive an annual salary commensurate with the annual salary received by the Secretary of Commerce, except the chairman, who shall receive an additional $2,500 per year.

(e) Annual cost-of-living adjustment.--

(1) Except as provided under paragraph (2), beginning January 1, 1997, and each January 1 thereafter, the stated annual salaries of the Governor and Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and the heads of the departments and members of boards and commissions denoted herein shall be increased by an annual cost-of-living increase calculated by applying 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 immediately prior to the date the adjustment is due to take effect, to the then current salary amounts authorized. The percentage increase and the salary amounts shall be determined by the Governor prior to the annual effective date of the adjustment and shall be published by the Secretary of the Budget in the Pennsylvania Bulletin within ten days of the date the determination is made.

(2) The stated annual salaries of the Governor and Lieutenant Governor, the State Treasurer, the Auditor General, the Attorney General and the heads of the departments and members of boards and commissions may not be increased by an annual cost-of-living adjustment under paragraph (1) for the annual period beginning January 1, 2021, and ending December 31, 2021. Notice of the provisions of this subsection shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to December 1, 2020.

((e) amended Oct. 16, 2020, P.L.706, No.79)

(3 amended Oct. 19, 1995, P.L.324, No.51)

Compiler's Note: The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.

Section 4. Members of the General Assembly.

(a) Members salary, expense and mileage.--The salary of members of the General Assembly shall be $47,000 per annum and mileage to and from their homes at the rate of 20¢ per mile, circular, for each week a member was in actual attendance in session between their homes and the State Capitol and, except as provided herein, no other compensation shall be allowed whatsoever, except each member of the General Assembly shall receive an allocation for clerical assistance and other expenses incurred during his term in connection with the duties of his office in the sum of $7,500 annually; the salary to be payable in equal monthly installments the first day of the month, including the installment due December 1 of each even-numbered year. ((a) reenacted and amended Nov. 16, 2005, P.L.385, No.72)

(b) Officers and leaders salaries.--

(1) Senate.--

(i) The following officers of the Senate who shall be elected by the Senate or their respective caucuses shall, in addition to their salaries as members of the General Assembly, receive the following as additional compensation: President pro tempore, $26,370; Majority Leader, $21,097; Minority Leader, $21,097; Majority Whip, $16,011; Minority Whip, $16,011; Majority Caucus Chairman, $9,983; Minority Caucus Chairman, $9,983; Appropriations Chairman, $16,011; Minority Appropriations Chairman, $16,011; Majority Caucus Secretary, $6,593; Minority Caucus Secretary, $6,593; Minority Policy Chairman, $6,593.

(ii) The following officers of the Senate who shall be appointed by the President pro tempore shall, in addition to their salaries as members of the General Assembly, receive the following amounts as additional compensation: Majority Policy Chairman, $6,593; Majority Caucus Administrator, $6,593.

(iii) The following officer of the Senate who shall be appointed by the Minority Leader shall, in addition to his salary as a member of the General Assembly, receive the following amount as compensation: Minority Caucus Administrator, $6,593.

(2) House of Representatives.--The following officers of the House of Representatives who shall be elected by the House or their respective caucuses, in addition to their salary as members of the General Assembly, shall receive the following amounts as additional compensation: Speaker of the House of Representatives, $26,370; Majority Leader, $21,097; Minority Leader, $21,097; Majority Whip, $16,011; Minority Whip, $16,011; Majority Caucus Chairman, $9,983; Minority Caucus Chairman, $9,983; Appropriations Chairman, $16,011; Minority Appropriations Chairman, $16,011; Majority Caucus Secretary, $6,593; Minority Caucus Secretary, $6,593; Majority Policy Chairman, $6,593; Minority Policy Chairman, $6,593; Majority Caucus Administrator, $6,593; Minority Caucus Administrator, $6,593.

((b) reenacted Nov. 16, 2005, P.L.385, No.72)

(c) First annual cost-of-living adjustment for members.--For the 12-month period beginning December 1, 1996, through November 30, 1997, the salary of the members of the General Assembly shall be increased by a cost-of-living factor which shall be determined by increasing the amounts contained in subsection (a) by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area, officially reported by the United States Department of Labor, Bureau of Labor Statistics for the period from July 1, 1990, through October 31, 1996. The percentage increase and the new salary amounts shall be determined jointly by the Chief Clerk of the Senate and the Chief Clerk of the House of Representatives and published by them in the Pennsylvania Bulletin within 20 days immediately prior to the cost-of-living increase taking effect. ((c) reenacted Nov. 16, 2005, P.L.385, No.72)

(c.1) First annual cost-of-living adjustment for officers and leaders.--For the 12-month period beginning December 1, 1996, through November 30, 1997, the additional compensation of the officers and leaders of the General Assembly shall be increased by a cost-of-living factor which shall be determined by increasing the amounts contained in subsection (b) by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware and Maryland area, officially reported by the United States Department of Labor, Bureau of Labor Statistics for the period from July 1, 1990, through October 31, 1996. The percentage increase and the new compensation amounts shall be determined jointly by the Chief Clerk of the Senate and the Chief Clerk of the House of Representatives and published by them in the Pennsylvania Bulletin on or before November 30 immediately prior to the cost-of-living increase taking effect. ((c.1) reenacted Nov. 16, 2005, P.L.385, No.72)

(d) Subsequent annual cost-of-living adjustment for members.--

(1) Except as provided under paragraph (2), for the 12-month period beginning December 1, 1997, through November 30, 1998, and for each like 12-month period thereafter, the salary of the members of the General Assembly shall be increased by an annual cost-of-living adjustment calculated by applying 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 immediately prior to the date the adjustment is due to take effect, to the then current salary amounts. The percentage increase and the new salary amounts shall be determined jointly by the Chief Clerk of the Senate and the Chief Clerk of the House of Representatives prior to the annual effective date of the adjustment and shall be published by them in the Pennsylvania Bulletin within ten days of the date such determination is made.

(2) The salary of the members of the General Assembly may not be increased by an annual cost-of-living adjustment under paragraph (1) for the period beginning December 1, 2020, through November 30, 2021. Notice of the provisions of this subsection shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to December 1, 2020.

((d) amended Oct. 16, 2020, P.L.706, No.79)

(d.1) Subsequent annual cost-of-living adjustment for officers and leaders.--

(1) Except as provided under paragraph (2), for the 12-month period beginning December 1, 1997, through November 30, 1998, and for each like 12-month period thereafter, the additional compensation of the officers and leaders of the General Assembly shall be increased by an annual cost-of-living adjustment calculated by applying 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 immediately prior to the date the adjustment is due to take effect, to the then current compensation. The percentage increase and the new compensation amounts shall be determined jointly by the Chief Clerk of the Senate and the Chief Clerk of the House of Representatives prior to the annual effective date of the adjustment and shall be published in the Pennsylvania Bulletin within 20 days immediately prior to each cost-of-living increase taking effect.

(2) The additional compensation of the officers and leaders of the General Assembly may not be increased by an annual cost-of-living adjustment under paragraph (1) for the period beginning December 1, 2020, through November 30, 2021. Notice of the provisions of this subsection shall be transmitted to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to December 1, 2020.

((d.1) amended Oct. 16, 2020, P.L.706, No.79)

(4 amended July 3, 1987, P.L.193, No.28)

Compiler's Note: Section 9 of Act 72 of 2005 provided that the reenactment of provisions in section 4 is a continuation of this act as of July 6, 2005. Section 11 of Act 72 provided that section 9 of Act 72 shall apply retroactively to July 6, 2005.

Section 5. Additional expenses for members of the General Assembly (5 expired Sept. 30, 1983, P.L.160, No.39).

Section 5.1. Additional expenses for members of the General Assembly.

(5.1 expired November 30, 1988. See Act 28 of 1987)

Section 5.2. Additional expenses for members of the General Assembly.

(5.2 expired November 30, 1988. See Act 28 of 1987)

Section 5.3. Cost-of-living adjustment hiatus.

(a) General rule.--The salary of salaried officers of the Commonwealth, except for an individual subject to sections 2.1(i)(2) and (3), 3(e)(2), 4(d)(2) and (d.1)(2), may not be increased by a cost-of-living adjustment for the period beginning January 1, 2021, and ending December 31, 2021.

(b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Salaried officers of the Commonwealth." The term shall have the same meaning as in section 16(a) of Article V of the Constitution of Pennsylvania.

(5.3 added Oct. 16, 2020, P.L.706, No.79)

Section 6. Repeals.

(a) The Administrative Code of 1929.--Section 209 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, is hereby repealed effective upon the third Tuesday of January 1987.

(b) Public Official Compensation Law.--The following sections of the act of June 1, 1956 (1955 P.L.1959, No.657), entitled, as amended, "An act fixing the salaries and compensation of the Chief Justice and judges of the Supreme Court, the President Judge and judges of the Superior Court, the judges of the courts of common pleas, the judges of the orphans' courts, the judges of the County Court of Philadelphia and the judges of the County Court and Juvenile Court of Allegheny County, certain associate judges not learned in the law, certain state officers, and the salary and expenses of the members of the General Assembly, and repealing certain inconsistent acts," are repealed on the dates indicated:

(1) Sections 1, 2, 3, 3.1, 4, 4.1, 4.2 and 12 are repealed effective December 1, 1983.

(2) Section 13 and any other sections of that act not repealed heretofore or by this act are hereby repealed effective the third Tuesday of January 1985.

(3) Sections 14 and 14.3 are repealed effective December 1, 1984.

(c) Magisterial District Reform Act.--Section 206(a) of the act of July 15, 1976 (P.L.1014, No.204), known as the Magisterial District Reform Act, is repealed effective December 1, 1983.

(d) Commonwealth Attorneys Act.--Section 203 of the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act, is repealed effective the third Tuesday of January 1985.

(e) Title 42.--42 Pa.C.S. § 3154 (relating to compensation of judicial officers) is repealed effective December 1, 1983.

Compiler's Note: Section 9 of Act 72 of 2005 provided that the reenactment of provisions in section 6 is a continuation of this act as of July 6, 2005. Section 11 of Act 72 provided that section 9 of Act 72 shall apply retroactively to July 6, 2005.

Section 7. Effective date.

(a) Sections 1, 2, 3(a) and 5 shall take effect December 1, 1983; section 5 shall expire November 30, 1984.

(b) Section 3(b) shall take effect on the third Tuesday of January 1985.

(c) Section 4 shall take effect December 1, 1984.

(d) The remainder of this act shall take effect December 1, 1983.

(7 reenacted Nov. 16, 2005, P.L.385, No.72)

Compiler's Note: Section 9 of Act 72 of 2005 provided that the reenactment of provisions in section 7 is a continuation of this act as of July 6, 2005. Section 11 of Act 72 provided that section 9 of Act 72 shall apply retroactively to July 6, 2005.

Compiler's Note: Section 9 of Act 72 of 2005 provided that the reenactment of provisions in section 8 is a continuation of this act as of July 6, 2005. Section 11 of Act 72 provided that section 9 of Act 72 shall apply retroactively to July 6, 2005.