Bill Text: NH HB1451 | 2024 | Regular Session | Introduced


Bill Title: Relative to mandatory overtime and the calculation of base rate of compensation.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2024-03-13 - Hearing: 03/20/2024, Room 103, State House, 09:00 am; Senate Calendar 11 [HB1451 Detail]

Download: New_Hampshire-2024-HB1451-Introduced.html

HB 1451-FN - AS INTRODUCED

 

 

2024 SESSION

24-2637

05/10

 

HOUSE BILL 1451-FN

 

AN ACT relative to mandatory overtime and the calculation of base rate of compensation.

 

SPONSORS: Rep. C. McGuire, Merr. 27; Rep. O'Brien, Hills. 10; Rep. Goley, Hills. 21

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill provides that mandatory overtime shall be reported as part of the full base rate of compensation.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2637

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to mandatory overtime and the calculation of base rate of compensation.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Hampshire Retirement System; Definition of Eligible Compensation; Mandatory Overtime.  Amend RSA 100-A:1, XVII(b)(1) to read as follows:

(b)(1)  For members who have not attained vested status prior to January 1, 2012, the full base rate of compensation paid, as determined by the employer, plus compensation over base pay.  Compensation over base pay shall include as applicable, subject to subparagraphs (2), (3), and (4), any non-mandatory overtime pay, cost of living bonus, annual attendance stipend or bonus, annual longevity pay, additional pay for extracurricular and instructional activities for full-time teachers and full-time employees who are employed in paraprofessional or support position, additional pay for instructional activities of full-time faculty of the community college system, compensation for extra and special duty, and any military differential pay, plus the fair market value of non-cash compensation paid to, or on behalf of, the member for meals or living quarters if subject to federal income tax, but excluding other compensation except supplemental pay paid by the employer while the member is receiving workers' compensation and teacher development pay that is not part of the contracted annual salary.  Notwithstanding any other reference to overtime in this section, mandatory overtime, as defined by the employer, shall be reported as part of the full base rate of compensation.

2  Effective Date.  This act shall take effect July 1, 2024.

 

LBA

24-2637

11/27/23

 

HB 1451-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to mandatory overtime and the calculation of base rate of compensation.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

Expenditures

$0

$0

Indeterminable

Indeterminable

Funding Source(s)

General Fund and Highway Fund

Various Agency Funds

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

Does this bill authorize new positions to implement this bill? [X] N/A

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Expenditures

$0

$0

Indeterminable

Indeterminable

*The New Hampshire Retirement System states it is not able to separate the fiscal impact of this legislation between county and local government, therefore the fiscal impact is shown together as political subdivisions.

 

METHODOLOGY:

The NH Retirement System states this bill provides that mandatory overtime be reported as part of the full base rate of compensation, however, it does not define what constitutes mandatory overtime.  The change in mandatory overtime provisions may lead to increased pension benefits compared to the current law, impacting the funding shortfall.  The exact cost remains unknown because it's impossible to forecast the amount of mandatory overtime that might occur.  This impact will not occur until FY 2026 and FY 2027 as the FY 2025 rates have already been set.

 

AGENCIES CONTACTED:

New Hampshire Retirement System

 

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