Revision: March 7, 2013, midnight
HB 319-FN – AS AMENDED BY THE HOUSE
6Mar2013… 0442h
2013 SESSION
06/10
HOUSE BILL 319-FN
AN ACT relative to benefits for state employees serving in the armed forces.
SPONSORS: Rep. Hess, Merr 24; Rep. Todd Smith, Merr 24; Rep. Kotowski, Merr 24; Rep. T. Walsh, Merr 24
COMMITTEE: Executive Departments and Administration
This bill increases benefits for state employees called to active duty with the New Hampshire national guard or a navy, army, or air force reserve unit.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0442h
13-0164
06/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to benefits for state employees serving in the armed forces.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Employees. Amend RSA 112:9 to read as follows:
112:9 State Employees.
I. Any regular employee of the state of New Hampshire who is a member of any reserve component of the armed forces of the United States or of this state shall, upon request, be entitled to not more than 15 days leave of absence with pay in any one training year for the purpose of engaging in military drill, training, or other temporary duty under military or naval authority. The provisions of this section shall not apply to any such employee who has been inducted or has enlisted in active service in the armed forces of the United States.
II. Any regular employee of the state of New Hampshire who uses 15 days leave of absence under paragraph I shall, in addition, be entitled to up to 30 days of partial pay, as defined in RSA 110-B:37, IV(a)(1), for any additional military drill or training under military or naval authority.
2 New Subparagraph; Pay and Allowance. Amend RSA 110-B:37, IV(a) by inserting after subparagraph (3) the following new subparagraph:
(4) Upon the employee’s return to New Hampshire after active duty service, he or she may use up to 15 days of annual leave prior to reporting back to work. If an employee does not have adequate annual leave time available, he or she may be charged against future annual leave accruals, or against future compensation, if sufficient leave is not accrued and employment is terminated.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0164
Revised 02/19/13
HB 319 FISCAL NOTE
AN ACT relative to benefits for state employees serving in the armed forces.
FISCAL IMPACT:
The Legislative Branch, Judicial Branch, Adjutant General’s Department, and Department of Administrative Services state this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on state, county, or local revenue, or county and local expenditures.
METHODOLOGY:
The Legislative Branch states the fiscal impact is indeterminable as there is no way to determine how many employees, if any, would be entitled to differential pay, or what the differential would be.
The Judicial Branch states over the past six years, only three Judicial Branch employees have taken fifteen days military leave in any training year. The Judicial Branch states benefits proposed by this bill are similar to its current benefits and does not expect a fiscal impact more than $10,000 in any year.
The Department of Administrative Services (DAS) states this bill would add a new section to RSA 21-I to provide certain benefits to State employees serving on active duty with a deployed New Hampshire national guard or navy, army, or air force reserve unit. This bill will provide differential pay, continued accrual of annual leave and sick leave while on active duty, health and dental benefits to the employee and legal dependents, and state contributions to the New Hampshire Retirement System on the employee’s behalf. The bill also allows the employee to use 15 days of annual leave before reporting back to work. In addition, the bill amends RSA 112:9 which entitles an employee to 30 days differential pay for any additional training beyond the 15 days paid by the state in any one training year.
The DAS states current law calculates differential pay by adding any allowances provided by the military to the employee’s military base pay and then deducts the employee’s state pay. Under this bill, military pay would be simply deducted from state pay which may increase state expenditures by an indeterminable amount.
The Adjutant General’s Department states the changes to RSA 112 conflict with language contained in RSA 110-B. The Department states RSA 110-B provides provisions to manage state employee members of the National Guard and Reserves pay and benefits when deployed on full-time status. RSA 110-B does not include compensation for pay or leave accruals while in a deployed status. The conflicting language between statutes could result in confusion on how to administer leave when an individual is deployed and may lead to employee grievances, appeals and/ or legal actions. The Department states approximately 50 state employees were deployed or performing military training during FY 2012. The Department this bill may increase state expenditures by an indeterminable amount.