SB 0175

This bill converts the position of assistant commissioner of corrections to an unclassified position, establishes a salary for this position, and provides that under certain circumstances, the assistant commissioner shall be classified as a permanent policeman in the retirement system.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

1 Department of Corrections; Section Heading Amended. Amend the section heading in RSA 21-H:6 to read as follows:

21-H:6 Commissioner, Assistant Commissioner, and Division Directors; Appointment; Term.

2 New Paragraph; Department of Corrections; Assistant Commissioner. Amend RSA 21-H:6 by inserting after paragraph I the following new paragraph:

I-a. The commissioner of the department shall nominate for appointment of the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.

3 Department of Corrections; Assistant Commissioner; Qualifications. Amend RSA 21-H:7, I to read as follows:

I. The commissioner and assistant commissioner of the department shall be qualified to hold [~~that position~~] such positions by reason of education and experience.

4 Department of Corrections; Assistant Commissioner; Compensation. Amend RSA 21-H:7, III to read as follows:

III. The salaries of the commissioner, assistant commissioner, and the division directors of the department shall be as specified in RSA 94:1-a.

5 Compensation of Certain State Officers; Assistant Commissioner, Department of Corrections Added. Amend RSA 94:1-a, I by:

6 New Section; Department of Corrections; Assistant Commissioner; Status in Retirement System. Amend RSA 21-H by inserting after section 8 the following new section:

21-H:8-a Assistant Commissioner; Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner of the department of corrections shall be considered a permanent policeman if the assistant commissioner was a permanent police member of group II for at least 10 years prior to appointment as assistant commissioner, and continues to be certified as a police officer under RSA 188-F:26 and 188-F:27.

The Departments of Corrections and Administrative Services states this bill will increase state general fund expenditures by $20,725 in FY 2002 and each year thereafter. The New Hampshire Retirement System states this bill will increase state general fund expenditures by $6,471 in FY 2002 and each year thereafter. There will be no fiscal impact on state revenue and county and local revenue or expenditures.

The Departments of Corrections (DOC) and Administrative Services states this bill would convert the position of Assistant Commissioner of Corrections from a Labor Grade 33 (LG 33) classified position salary to a Group Q unclassified position salary. The maximum salary for a LG 33 position is $63,550, and $78,910 for Group Q. The Department of Corrections assumes the Assistant Commissioner will be hired at the maximum Group Q salary, resulting in increased expenditures for salary and benefits (32%) of $20,275 per fiscal year.

The New Hampshire Retirement System states this bill would allow the Assistant Commissioner of DOC to be a member of the policemen classification of Group II of the System if he or she had at least 10 years of policemen creditable service prior to appointment as Assistant Commissioner. The System estimates this bill will increase employer contributions by approximately $5,064 to $6,471 annually assuming a salary range of $61,756 to $78,910 for the position. There are no additional administrative expenses associated with this legislation.

Certified police officers in Group II of the New Hampshire Retirement System do not participate in Social Security. By reclassifying the Assistant Commissioner of Corrections from Group I to Group II of the retirement system, the Department will not be required to contribute 6.2% of salary for Social Security on behalf of the employee. This amount is not reflected in the additional annual employer contributions estimated by the New Hampshire Retirement System.

The Actuary's letter is on file in the bill jacket in the Senate Clerk's Office.