We publish each week (or so)  during the Legislative session, an update on the status of pending bills affecting New Hampshire's pubilc sector labor community.  Employers have the Local Government Center at work at the State House.  Labor has Molan Milner and Krupski, PLLC. Remember, it's not all about what's on the books now, but also what we can put into law tomorrow.

June 7 update:

The COC on SB3 finished yesterday and is likely to be voted on tomorrow by the House and Senate. A copy is on the downloads page. Speaking of tomorrow, word is that the right to work (for less) bill will finally get its veto override vote. Labor needs to turn out (again) in force to underscore just how bad this bill is for New Hampshire. The Senate passed HB2 which is now headed for a committee of conference. Look for breakdowns of both HB2 and SB3 on the downloads page shortly. See you all tomorrow!

June 1 update:

As we wait to see whether the House will vote today on the right to work (for less) veto override.....

Pensions : the COC met last Friday and yesterday. Some highlights (rather low-lights) -

the effective dates throughout the bill have been pushed back from December 1, 2011 to January 1 2012;

NHRS staff appeared and seemed to advocate for a ten year "vesting" definition. When questioned on this, they back pedaled some saying they were only providing background. We'll see but its likely a 10 year vesting definition will find its way into the bill;

NHRS also presented a recent Groom legal memo outlining concerns about section 27 of the bill dealing with re certification of employer rates. NHRS also indicated a further conversation with its Fiduciary counsel will occur regarding a number of other sections; the most recent version of the bill and the Groom memo are on the downloads page. The COC will meet again tomorrow.

Also watch for a House vote today on an amendment to SB166 dealing with a strange loophole in the existing line of duty (Group II) death benefits. Likely the bill will move to a committee of conference to work out some final details.

Oh yes, the budget - seniority rights have been restored by the Senate which will vote on HB1 and HB2 as amended today. Stay tuned!

May 24 update:

The COC on pensions appears to be close to the finish line with many agreements made yesterday. We still await the language, but here's a recap of the agreements reached in principle: Sen. Groens proposal on AFC and pension caps (see the proposal on the downloads page) was accepted by the House members; the Senate agreed to a watered down House proposal about employees sharing equally in the future for increased pension costs (this will be effective only when the employer's cost dip to where employee costs are now);the Senate agreed to move up its July 2016 date '100% base pay' cap to December 2011; State employees took a big hit with the agreement provide health insurance to retirees at age 65. See the recap of agreements reached so far on the downloads page and the Union Leader article today for more details. The Committee will meet again this Friday. Stay tuned!

May 20 update:

Pensions: The Committee of Conference met Friday and reviewed a proposal brought in by Sen. Groen which maintains many benefits for "vested" members (except a longer averaging of "special duty pay"). But new hires and members with less than ten years would move to a 5 year average for AFC and unused sick and vacation pay would no longer be pensionable. Pensions would also be capped at the highest year of AFC - this did not meet with approval of House members who seek a cap at 100% of base pay.

The Committee did agree that the House version of employee rate increases would be recommended, so look for rates to go up 2 points for employees and police and 2.5 percent for fire. This amounts to an employee tax put in only to off set employer rates without a commensurate benefit. The Mass. SJC struck down a similar provision so look for a Court challenge on this and many other provisions of this pension "reform" legislation. The Committee meets again Monday - can't wait!

Right to Work: The battle will continue next Wednesday as the House will takes the the Governor's veto of HB474. Please contact your legislators and tell them 'right to work' is simply 'wrong for NH'. All all hands are needed on deck for this important battle.

In other news, the Senate passed the two anti-labor bills :the repeal of card check (HB589) and the elimination of out of state credit purchases at NHRS (HB461). A big thank-you to our Republican Senators! The House passes a tax cap measure but with an important amendment that limits only the budget submitted to the legislative body not the appropriations it may approve. a positive sign for Labor and collective bargaining. And, oh yes, the budget : Senate Finance continues its grueling review and all eyes are on the State's contribution to employer pension costs which is set to to return to 35 % (not going to happen!). Likely the State's share will go to zero (especially in light of the Court's recent ruling against the LGC and its 28-a argument) with budget writers looking only to the pension "reform" legislation as relief for Cities and Towns. Stay tuned!

May 13 update:

Right to Work (for less): last Tuesday, Governor Lynch thankfully vetoed HB474. So now everyone's attention turns to the House that will take up the veto May 25th and there is a full court press on to assure the House veto vote does not hit 2/3rds of those present and voting. Now is the time to contact legislators and tell them "right to work' is simply 'wrong for NH'.

Pensions: Round and round they go...The Committee of Conference met three times last week and will meet again next Friday. While there is some agreement in principle on the make up of Board of Trustees (we may lose our employee Board eff. July 1 !) and 'return to work' issues, no final language has been released. Spirited debate looms over special duty pay and the base pay cap on pensions. Also, look for some agreement to extend the effective date to Jan 2012. Those thinking of retiring (or have your papers in) pay close attention to this Committee - now it looks like the major changes for long term folks effective Jan 2012 may be only special duty pay and the AFC going from 3 to 5 years.

Other news: The Senate Commerce Committee voted party line on the repeal of the much valued 'card check' law now a part of RSA 273-A. Even though the Committee heard unrebutted testimony (even from the PELRB executive director) indicating that this is a quicker, cheaper form of organizing, the Committee still voted to recommend passing the repeal. This vote is much like the right to work vote - let's not let facts get in the way! The full Senate will vote on HB598 next Wednesday.

A kindler, gentler 'spiking charge' bill (HB462) passed the Senate Wednesday and was referred to Senate Finance. Remember, the Bradley bill calls for the repeal of the spiking charge altogether. A rare point of agreement with the Senator as even NHRS actuaries have said, aside from a headline or two, there is simply no widespread 'spiking' that harms the retirement system.

Next week, brings further Senate Finance work on the State budget - and remember HB2 still may be the vehicle where retirement "reform" takes place. Stay tuned!

May 6 update:

It was another active week at the State House - two bills we have been watching were sent to the Governors desk and another sent to a Committee of Conference.

The House concurred with the Senates version of the Right to Work bill, HB474 by a roll call vote of 225-140-which, keep in mind, is not 2/3 needed to override a veto. HB474 will go to the Governors desk soon. Look for him to veto the bill.

HB464, the Special Accounts transfer bill is currently on the Governors desk. The Governor has five days to sign the bill, veto it, or let it become law without his signature. The NH Retirement Security Coalition wrote the Governor urging him to veto the bill. We are currently assessing all of the legal options if this bill should HB464 become law.

The House passed SB3 (HB580 on steroids) with a floor amendment offered by Representative Hawkins, which extends the effective date to December 1, 2011. Except (of course) the deadline to raise employee rates which remains effective July 1^st. The roll call vote was 238 -121. The bill is now before the Committee of Conference, which is scheduled to convene on Monday, May 9^th at 1:00 pm. The appointed Committee Members are State Senators: JebBradley (Chair), SharonCarson, SylviaLarsen; and House Representatives: KennethHawkins, NealKurk, WilliamSmith, and JohnSedensky.

Stay tuned!

April 29 update:

While the number of bills we are watching has now dwindled, attention now is focused on the 'gamesmanship' now being played by the House and Senate as each having the other chamber's legislation, and each knowing now what the other side has done to the bills they have passed, amendments to live bills (even Floor amendments) need to be watched closely.

Right to Work: The House did not vote on the Senate's version but is expected to do so next week. This vote is critical as Labor is pressing the fight to maintain a non veto proof vote as was the case when the House first passed this unnecessary, politically motivated bill.

Pensions: as reported last week, The House has 'returned serve' in response to the Senate's stripping away all the provisions of HB580 (which passed the full Senate last week). The House Pension Committee then stripped away SB3 and replaced it with an even more onerous version of HB580 . A full breakdown of these pension bills is available on the downloads page. The House will vote on the SB3 Wednesday and it is fully expected that the differences will be debated when the House and Senate convene in a Committee of Conference. Whatever that outcome, expect a legal challenge.

Also, last week public employees who are considering retirement only because of these pending measures packed the LOB on Tuesday to let legislators know the magnitude of the expected 'rush to the door' they are causing which will adversely affect the delivery of necessary government services. We will lose many of the more experienced Teachers, State Employees, Police Officers and Firefighters - all in a misguided attempt to fix the unfunded liability of the retirement system - a problem that lies wholly at the feet of public employers who had, for many years, intentionally paid less into the system than they owed, kicking the can down to the next generation. That generation is here, and with the percentages of employees eligible to retire (Firefighters : 19% Police 12.9% Teachers 23.5% Pol. Sub. Employees : 23.3%), the 'brain drain' and run on the system will be significant - a result even the LGC has spoken against.

We have had many inquiries asking the "Should I retire now" question. Unfortunately, while it looks now like the effective date of any new pension law will not be until January of 2012, uncertainty still remains that prevents us from giving any definitive answer. We will get out the latest information as soon as we have it!

We have also heard from many current retirees as to the state of the medical subsidy and COLA's. Again, while nothing is certain right now, currently the effect of the legislation is to eliminate the medical subsidy increase provision and to get rid of the Special Account altogether, paying out only existing benefits to those now eligible (and nobody else). Stay tuned.

Lastly, LGC's attempt to pass "risk pool reform" (their phrase) has failed. The Senate Commerce Committee did not fall for LGC's attempt to legislate out of the current SOS investigation, which we expect to be out this month.

April 22 update:

Quick update :

Right to Work (for less) passed the Senate by a veto proof 16-8 margin, albeit with the House 'exclusive bargaining' amendment stripped out. Truly a sad day in New Hampshire. The bill may get to the Governor's desk as early as Wednesday or may (if the House does not concur with the Senate) be sent to a Conference Committee. Stay tuned!

Pensions : The Senate ED&A committee heard HB580 yesterday where they stripped all of its provisions out and replaced it with a study committee on collective bargaining. While we are certainly thankful the Senate rejected the House pension bill, we still , of course, are watching SB3 which is being reviewed by the House Special Committee on Pensions. Rep. Kurk has promised that, in response to the Senate's action, he will seek to similarly replace SB3 with HB580. We'll see : next week the House Pension Committee will act and the Senate will vote on the amended HB580.

Well, the LGC is at it again. On Thursday, they attempted to bring a comprehensive amendment to a rather innocuous bill (HB424 dealing with taxation of surplus insurance lines). The LGC amendment seeks to drastically change (to their benefit) the regulatory authority of the Secretary of State (SOS) to "limited oversight". It also would allow the LGC Board unfettered ability to set reserves and , by LGC policy, handle the return of surplus requirement in any fashion they choose! Currently, the law requires the LGC to return all surplus back to its municipal members (but admit that they do not). Also, the timing of the amendment is highly suspect as the SOS is about to issue its final report on the mishandling of funds by LGC. Perhaps the LGC is trying to legislate out of this jam? Secretary of Sate Bill Gardner and his securities legal staff were at the hearing and seemed rather shocked at these latest LGC antics. We'll see! The amendment is on the downloads page.

April 8 update:

The right to work bill was heard last Tuesday before a packed audience at Rep's Hall and many suffered through the proponents false arguments that the bill is about "freedom" and would bring many jobs to NH. To the rescue : the facts! Compelling testimony included economic and law professors' presentations outlining that right to work laws lower wages, do not increase jobs and create chaos in public sector bargaining. Read the testimony of Prof. Lafer and Klare on the downloads page. This bill may be voted on by the Senate Commerce Committee this Tuesday!

Good news , bad news last week from the Senate ED&A Committee : they thankfully voted (5-0) to ITL HB231 - the increase tax on State retirees ; but voted in favor of HB464 - the robbing of the NHRS Special Account (employee money!). The full Senate will take these bills up Wednesday.

Next week the budget (as passed by the House) will be reviewed in the Senate with important presentations from DHHS, DOC and other State agencies. Hopefully these hearings will present the opportunity for the Senate to (at least) strike from HB2 the Kurk bargaining amendment which would cripple collective bargaining as we know it.

Oh yes, retirement.The House Special Committe on Public Pensions will hear the Bradley bill, SB3, on Wednesday. See you all (again) at Rep's Hall!

April 1 update:

The House passed the both HB1 and HB2 but certainly heard from Labor with thousands demonstrating on Wednesday and Thursday underscoring not only the damage this draconian budget will do, but the unfair and unnecessary changes proposed to public sector bargaining and pension benefits. There was an attempt to remove Rep. Kurk's bargaining amendment (the 'at-will' provision) but that failed even though nearly 50 republicans voted with the democrats to remove it. Hopefully, the Senate has received the message delivered at the rally Thursday and will relook at and rework these measures. The Senate takes up the House passed budget next week.

On retirement: SB3 (as amended) passed the Senate (again) and will be next reviewed by the House soon. The House pension bill ,HB580 (as amended) passed the House (big surprise..) and remember HB2 contains the provisions of HB580 as introduced. This scattered approach to 'pension reform' is confusing and making matters difficult for those public workers considering retirement earlier than they would otherwise. On the downloads page, we posted comprehensive breakdowns of the pension bills to help sort things out.

Next week, the right to work bill hits the Senate. Hope to see you at Representative's Hall on Tuesday!

March 25 update:

Another tough week.

HB580 (as amended, again) passed the House Special Committee and will be voted on by the full House next week (Wednesday or Thursday). SB3 was amended last week as well with major changes including an effective date 'push back' to January 1, 2012; a recalculation of employer rates (as in HB580); an an increase in rates for all effective Jan. 2012 (7% Group I and 11.3% Group II). Look for an amended analysis of SB3 and the amended HB580 early next week on the downloads page.

Many hundreds of public sector workers turned out at the State House last Thursday to witness the House Finance Committee's approval of Rep. Kurk's amendment to HB2 which will effectively strip away collective bargaining rights for public workers. A great showing of support, and a larger rally is being planned for next Wednesday/ Thursday as the House takes up the budget and the retirement bills next week. Check out the downloads page for more. Stay tuned!

March 18 update:

A tough week.

SB3 passed the Senate (19-5) with the only positive amendment adopted being dropping the 'contingency clause' or 'poison pill' clause which would have raised employee rates if a Constitutional challenge strikes down this law. The bill will affect all Group II members who do not retire before July 1, 2011 by eliminating 'extra or special duty' pay as a pensionable benefit. This portion of the bill appears to be the most likely to run afoul of the Constitution as well as the misbegotten notion that 'vesting' occurs after 10 years of service rather than, as our Supreme Court has repeatedly said, after one attains permanent employment status. Check back here for a full comprehensive analysis of SB3 as many of you may be forced to make retirement decisions earlier than you expected. There is also much more information on the downloads page. SB3 moves on to Senate Finance Committee.

In the House, the news is not any better. The House dealt with over 270 bills during its three long sessions last week. The retirement disaster occurred in the evening hours Wednesday when HB231 and HB464 passed by wide margins. (see the roll call excel sheet on the downloads page). These bills will unfairly tax current State retirees and allow for the pilfering of the special account to the tune of 89 million dollars. Even HB461, which received a favorable OTP-A from the Special Pension Committee failed (220 - 80) with the Chairman of that committee, in a move rarely seen, speaking on the floor against the bill and against his committee.

Finally, the House version of the pension "omnibus" bill (HB580) was reviewed again in Committee on Friday with the only 'positive' development being Rep. Kurk's stating that the drafters "misunderstood" him and he never intended to eliminate the medical subsidy. Rep. Kurk, however is adamantly sticking by his 'poison pill' clause even though that was dropped in SB3. We'll see how this turns out in committee of conference. This bill will likely be voted on next Tuesday - stay tuned.

March 11 update:

HB461 ,the repeal effort which would have scrapped an important recruiting tool for law enforcement, was turned back by Rep. Dan Sullivan who offered an amendment that would retain the ability to purchase out of state service credit so long as the full cost is paid into the system. The "Sullivan amendment" will hit the House floor next week. Last week, the ED&A-H committee retained HB383, the 'right to work' bill aimed at the SEA, so as to allow time to see what occurs with the larger 'right to work' bill that recently passed the House. The committee also, wisely, voted ITL on HB623 (but on a rather close 9-6 vote) - this bill seeks to effectively wipe out affirmative action in New Hampshire!

Next week brings major floor action in both the Senate, taking up the Bradley bill Wednesday, and the House , in session for three days taking up scores of bills. Check out the House Calendars for the lineup and all the amended bills. The House Special Pension Committee conducted a work session on HB580 Friday and has scheduled another meeting for next Friday. Stay tuned!

quick update Mar 8:

Here's where things stand currently:

HB461 (repealing out of state credit purchases) will be voted on tomorrow! Of the 13 bills in the Special Pension Committee here's the status:

Retained (may be brought up next session)

HB227 (Board of Trustees)

HB265 (earnable comp.)

HB460 (Group II Age)

HB463 (max benefit)

HB465 (AFC)

[These bills were retained to focus on HB580 which incorporates many of the issues these bills deal with.....]

ITL (killed by Committee)

HB360 (defined contribution)

HB456 (using all years for AFC)

OTP (passed by Committee)

HB231 (state retiree med.)

HB462 (spiking)

HB464 (special account)

HB492 (judges)

[These bills will be on the House Floor Mar. 15-17]

in Committee

HB461 (executive session tomorrow!)

HB580 (Rep. Kurk's 'omnibus bill')

So while real damage has been done by a couple of bills (HB231, HB464), the action on retirement issues in the House will be on HB580. Work sessions on this bill will be scheduled soon.

On the Senate side, of course, we have Sen Bradley's 'omnibus bill'. A significant amendment was introduced Monday and is available on the downloads page. Incredibly, this bill contains a 'lawsuit penalty' or 'Constitution tax' whereby if a lawsuit is brought (likely!) challenging the legality of the bill (especially as to vested members), and the employees win, this bill would then bump up employee contribution rates another 3 points! (wow). This bill passed the Senate ED&A committee along party lines and now heads for further review in the Finance committee.

For a side by side comparison of the Bradley and Kurk bills, see the chart put together by the NH Security Coalition here - thanks to Casey McCabe their Field and Research Coordinator for that effort!

March 4 update:

Retirement issues certainly heating up. Today Representative's Hall was again packed with public employees from all sectors, many of whom gave passionate testimony in an attempt to convince the Special Pension Committee to honor past, legal commitments regarding pension benefits. First up was the public hearing on HB460, Rep. Hawkins' proposal to require thousands of existing vested public employees with less than ten years of service (and any new hires) to work longer to qualify for a reduced pension. Once again, the sponsor of the bill was clinging to the myth that public employees need ten years of service to be "vested", ignoring well settled NH law on this topic (see the downloads page for the testimony on this subject from MMK attorney Milner and national pension expert Bill Payne).

Testimony highlights included police officers (and wives) detailing the unfair burden this proposal would have on thousands of New Hampshire families (and taxpayers!). One Manchester Officer provided emotional testimony on how public safety workers - such as those who worked in the horror of 9/11 - keep their word to protect and serve the public, all the while believing public officials will keep their word as to promised pension benefits. Great job to all that testified today!

Next up was the unveiling of Rep. Kurk's "omnibus" bill suggesting several draconian changes to the pension system. These include working longer for less; capping pensions at base pay; averaging AFC over 5 years, not 3; and raiding the special account making it quite impossible that COLA's would ever be granted to Group II retirees. Wow! For a detailed summary and the amendment to this bill (offered today), see the downloads page.

Wait there's more. The Pension Committee then went into executive session and, while retaining many bills that are included in the "omnibus bill" (and SB3), sadly passed the amended (just today) HB231 - a bill that will require massive plan design changes to the State retiree health plan thus breaking a promises to existing retirees and State workers. The Committee also (on a similar party line vote) passed HB464 permitting an 89 million dollar "theft" of the special account (employee money!) in order to reduce employer rates. This measure also likely will run afoul of an IRS agreement with the NHRS that required this money to be placed in the special account. The Committee will now concentrate on Rep. Kurk's comprehensive bill, with two weeks of work sessions planned. (Can't wait!)

And, oh yes : Sen. Bradley's comprehensive bill (SB3) will be 'exec'd' next Monday ! Expected is a major amendment addressing the legal testimony provided and other issues raised about this troubling bill. Stay tuned!

Also, last week the House Labor Committee voted on a number of measures and the outcome was, well, expected but bleak. Along party lines the Committee voted to repeal "card check", rejected binding arbitration for negotiations and voted down a public employee free speech measure. Well, at least the ill advised measure to permit employers to directly deal with employees during negotiations (thus bypassing the exclusive representative) was 'retained'. MMK attorney Milner provided testimony on the chaotic effect that bill would have on existing law and practice.

And if all that wasn't enough, the House version of the budget (HB1) and the trailer bill (HB2) are out and hearings scheduled for next week! Stay tuned!

Feb. 25 update:

Hundreds of public employees braved a snow storm (and a vigorous Republican lead effort to reduce promised pensions) and packed Representatives Hall at the public hearing on Sen. Bradley's comprehensive pension bill, SB3. Testimony highlights included Attorney Bill Payne's explanation about why in N.H. vesting occurs after permanent employment status NOT after ten years as widely (but erroneously) believed; Trooper Bill Graham defending the often attacked police special details; and Dave Lang going toe to toe (armed with facts!) with Sen. White, dispelling myth after myth about the perceived problems with the pension system. A good showing from Labor - the Senate ED&A Committee is expected to hold a work session on the bill soon.

The House Special Pension Committee earlier in the day Friday took up HB465 which would extend from 3 to 5 years the averaging in the calculation of final pension amounts. Again, the sponsor, Rep. Kurk, wants this change to apply to new hires and those with less than ten years of service, erroneously believing in the 'ten year vesting' myth. This Committee will meet twice next week and will start voting on these bills next Friday (see side bar).

Earlier in the week, the House Labor Committee heard a variety of bills ranging from raising the minimum wage, to repealing Written Majority Authorization (WMA or card check). The SEA presented testimony on card check and how that method provides a cheaper and more accurate process for the formation of Unions by majority vote. MMK Attorney Glenn Milner testified on HB582, which would have allowed employers to 'make a case' directly to Union employees at anytime during the collective bargaining process. This would obviously wreak havoc with an already tough negotiation environment and would turn on end 30 years of established law in this area. The Committee is likely to retain this unworkable bill.

Feb. 18 update:

Tuesday Governor Lynch unveiled his proposed budget for the next biennium - plenty of pain and if this proves to be just a starting point for Legislative budget writers expect further attacks on public side labor. 'Low lites' include layoffs of 255 State workers and a proposal to further cut into health insurance benefits. The Governor also proposed the elimination of the State subsidy (scheduled to go back to 35%) to cities and towns to help defray employer costs for retirement. This 174 million dollar 'downshift' will serve as a further pressure point in the "pension reform" debate and limit the ability to hire new (but needed) public workers - teachers, police, fire alike. A bright spot: the Governor emphatically declared that the Retirement System is not insolvent or nearing bankruptcy and that only reasonable reforms affecting new hires should be considered.

Speaking of retirement, lot's happening here:

SB3 was unveiled (the Bradley bill) suggesting many changes to public pension benefits. The bill will be heard in the Senate this Friday;

Rep. Reagan was removed from the House Special Pension Committee - a welcomed move ridding the committee of this impediment to reasonable debate and the consideration of everyone's views;

sadly, HB231 - Rep. Kurk's proposal to deeply reduce the amount the State pays for health insurance for State retirees - passed 9-4 and will be voted on by the House this Wednesday; and

last Friday the Pension Committee heard powerful testimony on the proposal to redefine 'earnable compensation' by removing many existing benefits for all public workers with less than ten years of service (under a mistaken view of 'vesting'). See much of the testimony - including the moving remarks by Londonderry Fire Fighter Bo Butler - on the PFFNH You Tube channel here.


Our downloads page has more on retirement and be sure to check out the new website www.nhretirementfacts.com going live next Tuesday - a site put together by the New Hampshire Retirement Security Coalition.

Feb. 11 update:

Quite the week. From evergreen, to right to work, to bargaining unit size, to pension "reform", public side labor issues were on the front burner. The House Labor Committee dealt Labor significant set backs: evergreen repeal, outlawing bargaining for smaller units (even where the employer agrees!), and right to work ('for less') all received favorable votes from the committee. Many thanks for the efforts of Rep's Goley and White and the battle moves to the House floor next week.

ED&A-H piled on last Thursday voting in favor of Rep. Kurk's (lone sponsor) bill to render unlawful the longstanding agreement between the State and SEA to charge a fair share fee to non union members in units where membership exceeds 60%. Yet another attack on organized labor - and it gets better : an amendment was put forward extending this bill to cover all public sector employees!

The week closed with the Special Pension Committee taking up several bills. Testimony included expert analysis explaining that participant majority Boards do a better job for public pensions and PFFNH President Lang presenting the case as to why the IRS will require that the 89 million dollar transfer made to the Special Account to pay for benefits not be redirected to the corpus in order to reduce employer rate. And the good news: NHRS counsel testified that Rep. Reagan's bill to reduce current pensions would run afoul of IRS rules - so the Committee (even Reagan) voted to ITL the unfair and unnecessary measure.

The Governor's budget address along with many more bills will be presented next week. Stay tuned!

Feb. 4 update:

The House Labor Committee had quite the week: first up was the bill to outlaw cities and towns from agreeing to bargain with employee groups of less than ten in number - and we thought the Republicans wanted to restore local control to the municipalities. The hearing went fairly well with Rep's Goley and White underscoring that this bill did not advance a well defined State interest and seemed to interfere with rights of cities and towns to conduct bargaining the way they wanted to. SEA president Lacey also pointed out that permitting groups of less than ten to bargain (by agreement of the parties!) was necessary on the State level to allow smaller groups access to master contract benefits. The Committee also heard the repeal of evergreen measure which did not go so well. Look for this bill to pass along party lines as it did in the Senate.

To complete the week, the Committee hosted hundreds of folks in Rep's Hall on Thursday hearing spirited comments on the 'Right to Work for Less', union busting bill - HB474. Tough to say where this will go , but Labor was united and presented a convincing defense of the New Hampshire advantage of higher wages, safe working conditions, and the right for an employer to agree with its Unions that free riders should pay their fair share. All of these bills will be voted on next Tuesday.

Lastly, the Special Pension Committee met today and heard compelling testimony from many State employees and retirees about how strikingly unfair HB231 was to single out the most vulnerable population and require a burdensome tax on their long promised benefit of health insurance. Most of these folks are in their 80's, on a fixed income and unable to pay exorbitant charges for health insurance and prescriptions. More on this bill (there was an amendment offered today that made the bill even worse) on the downloads page as well see the sidebar as several additional bills will be heard next Friday.

Jan. 28 update :

The Bradley bill was previewed by Senate leadership yesterday - and yes, it's as bad as we predicted:

Special duty pay eliminated as pensionable benefit; pensions capped at 100% base pay;AFC moves form top 3 to 5 years; Group II age/years threshold increases to 50 and 25; employee contributions increase (Group I 7%, Group II 11%); employee trustees on NHRS halved; spiking charge removed; no more gain sharing for the special account; diverting 89 million from the special account to the Employer trust fund; eliminating increases to the medical subsidy and purchase of out of State service credit; and 'studying' a new defined contribution plan.

Did they leave anything out?

A big issue brewing is who all these changes apply to? While it is said by sponsors of the bill that "most" of the changes apply only to new hires and 'non vested' folks, the language of the bill has yet to be finalized and other similar bills do go after existing and vested employees. Better yet, the definition of 'vested' employee will be the subject of much debate. New Hampshire case law is clear that 'vested' status attaches to public employees once 'permanent employment status' is achieved (after probation); but sponsors of these 'reform' bills (and the LGC) insist vesting equals 10 years of creditable service in NHRS. We'll see !

And the news gets better! The Special Committee on Pension Reform will start next week hearing additional measures aimed at lowering retiree benefits, including a bill to further reduce State retiree health insurance benefits. Oh yes, and two 'Right to Work' bills are out, and a hearing 'fast tracked' for next Thursday. See the side bar for more... yes there is alot more (evergreen, free speech, bargaining units, etc.)

Jan. 21 update :

Today the House Special Committee on Pension Reform met (briefly) and we are informed that they plan on meeting every Friday and that hopefully next week we will actually get a look at the text of the House pension bills. We did receive a 'Welcome ' letter from Committee Chair Reagan (available on the downloads page). However, look for the 'comprehensive' bill to come out of the Senate sponsored (prime) by Sen. Bradley and other piece meal bills to be introduced before the House committee.

Likely components of the Bradley bill :

1. drastically redefining "earnable compensation" for new and non vested employees (base pay only, perhaps?);

2. changing from 3 to 5 years the averaging for AFC for new and non vested employees;

3. changing the employee majority on the NHRS Board of Trustees;

4. eliminating (what's left of ) gainsharing for the Special Account;

5. more transfers from the Special Account to the corpus?

6. eliminating the increases to the medical subsidy?

7. eliminating the unnecessary 'spiking' charge?

8. eliminating out of state credit purchases?

9. perhaps looking into defined contribution plans?

Stay tuned the bills will be out and hearings scheduled soon.

SB1 passed the Senate (expected) and was initially fast tracked for a House committee and executive session next Monday but those plans were canceled. But, it's clear the repeal of the evergreen statute is all but certain, whenever the 'hearings' are scheduled. Thankfully, though, Senate Democrats did confirm that this repeal in no way effects the legal effectiveness of existing evergreen clauses now in currents CBA's.

Also on the radar screen is newly released HB185 which would eliminate the ability of a public employer to recognize a bargaining unit of less than 10 in number, if they so choose. So much for smaller State government and more local control! The bill will be heard Feb 1 before the Labor Committee.

Jan. 14 update :

SB1 , as expected, received favorable treatment by a Senate Committee voting 4-1 recommending repeal of RSA 273-A:12,VII.

This fast tracked bill will now hit the Senate floor next Wednesday. While passage of this bill in the Senate (and then the House) is expected, evergreen clauses that now exist in collective bargaining agreements will not be affected and those without them will still have the protections of the 'status quo' doctrine when contracts expire. Unfortunately,employees not at top step will suffer as step increases are not required to be paid (under existing Supreme Court precedent) - but most all other terms of an expired contract continue in force (including health insurance benefits) until a new deal is struck.

Three "special" committees have been established by the House Speaker, including one to consider all bills relating to public employee pension reforms. Not good news : the House majority has announced that 'fixing' the NH Retirement System (NHRS) is a top priority and now has formed a "special" committee, packed with NHRS veteran critics. There are many retirement bills about to be published, so NHRS member beware - you are in the Legislative spotlight of the current majority party.

Speaking of retirement, the very important SEA 'under 65' case has been scheduled for argument before the NH Supreme Court for Feb. 16th - hopefully this case will confirm (and clarify) that there are Constitutional restraints on legislative efforts to break promises made to public employees and retirees! Stay tuned.

And away we go......

Jan.9, 2011.

SB1 (yes Senate Bill "One") seeks to repeal the much talked about 'evergreen' law enacted in 2008 that sought to level the playing field between public employers and employees in contract negotiations by mandating that 'step increases' continue to be paid while talks continue after the expiration of a CBA. The Senate Public and Municipal Affairs Committee will hear this bill this Tuesday and it is expected to reach the full Senate next Wednesday! While the 'fast track' treatment does not bode well for labor (18 of 24 Senators sponsored the bill), the hard facts of this law should not be ignored:

1. This fairness measure has been in place for many years for many (if not a vast majority of) public employees (except teachers) through evergreen provisions agreed upon in contract language (including State Employees, State Troopers, and most Firefighters) - so the 'sky is falling' cry about this law is greatly exaggerated;

2. When contracts expire, many employees still face increasing health care co-pay obligations that are tied , as a percentage, to the ever increasing health care price tag. Employees are prepared to meet that obligation and employers should keep their promise to pay steps in accordance with agreed upon pay plans, contract expiration notwithstanding; and

3. This repeal carves out only a segment of those workers that have yet to reach the top of the pay scale and holds hostage agreed upon raises subject to the vagaries of contract talks - talks rarely hung up over the payment of these modest (but well earned) pay increases.

But, as with public pension issues, often it is the headline that grabs legislators' attention and not the facts and equities of the matter.

Speaking of retirement, all of the new bills have yet to be released - the deadline to sign off on bills looms so check back here frequently for an update on what is expected to be a major battle to protect public pensions in New Hampshire.

A new Session is upon us......

Sept.27, 2010.

Here we go again folks! Already there are nearly one hundred Legislative Services Requests filed, so stay tuned for another busy legislative session, especially those proposed laws that affect public sector employees in New Hampshire. As we know, the fight over retirement benefits looms again, but the New Hampshire Retirement Security Coalition - a labor side group composed of nearly all public sector side Unions : Police, Fire, Teachers, Political subdivision employees alike, - has met and a strategy is developing. One positive development is the op-ed piece put together by NHRS Exec. Dir. Richard Ingram which emphasizes the non existent role public employees have played in the current unfunded NHRS crisis.

As well, pending lawsuits challenging the Constitutionality of past changes to the retirement system are making their way through the Courts - check out our downloads page for updates. Stay tuned!

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2009 Legislative coverage......

June 4, update....

The legislature is almost done for the session, absent a small detail of passing a balanced budget. As you all know by now, a special session of the legislature has been called by the Governor, so both Houses will be in session next Wednesday and it's likely more sessions will follow. Stay tuned.

The legislature did act on all remaining bills on Wednesday, passing, with one exception, all of the conference committee reports. The major passage was the report on HB1393 which confirms that the Secretary of State has regulatory control over RSA 5-B entities, including the LGC's HealthTrust, and provides additional remedial power in the event the Secretary of State finds that excess surplus is not returned to New Hampshire's political subdivision as is required now by law. Sound familiar? PFFNH's class action lawsuit alleges just that -- stay tuned. Much more on this is available on the downloads page.

As well, congratulations to the legislative efforts of the SEA in helping with the passage of SB358, a measure that is designed to allow more protections for State employees who report on waste in State government.

We'll post a wrap up of the legislative activity affecting New Hampshire's public sector labor community once the session ends.

April 16, update....

Last week we witnessed dramatic testimony before the Finance Committee regarding the effects of the further budget cuts recommended by the Governor : SEA employees spoke eloquently about the cuts in services to the needy, the mess cuts will have in information technology and the overburdened Judicial Branch. Chief Justice Broderick is on a mission, warning Gov. Lynch that 4 million more in cuts may affect the ability to deliver the Constitutionally guaranteed access to justice for New Hampshire citizens. More to come next week, as the budget slashing SB450 gets reviewed again by Finance, Public Works and Ways and Means committees.

Also last week, the two gambling bills received negative committee votes as well as a veto promise from the Governor who seems content to wait for the recommendation of his study committee before committing to any expanding gambling. These bills will hit the House floor next Wednesday. Finally, the Senate last week tabled HB1579 (public employee electioneering) and passed retirement bill HB1668.

April 9, update....

No one seems happy about the Governor's plan to get to a balanced budget by , once again, cutting spending without increasing revenue. The plan will be detailed before the Legislative Fiscal Committee on Monday (see the sidebar and downloads page for details). The usual suspects have been rounded up : the SEA can expect more layoffs, the LGC is angry over further reductions in State aid in Rooms and Meals money and another reduction in the State's contribution to municipal retirement costs, and the Judicial Branch maintains that the Constitutional guarantee for the delivery of justice is in play because of the additional 4 million dollar proposed cut.

Next week will also bring Committee votes on the gambling bills, which may well be impacted by this latest round of budget cuts without new revenue proposals. Stay tuned!

March 26, update....

HB1664 is tabled by the House! This is great news and congratulations to those in the public sector labor community that contacted their Representatives with a strong, unified message: employees paying into the retirement system should not be taxed in order to subsidize employer rates; especially when employers have historically not paid their fair share of this obligation. Tabling the bill effectively kills the measure to increase employee retirement rates, but other parts of the bill - including a decrease in the State's subsidy of employer rates - are likely to resurface

Also tabled were the tax caps bills - a good move that reinforces the principle that taxes should be set by elected officials, not by artificial caps. On a down note, the House rejected two committee recommendations of 'OTP' and voted down HB1428 which would have expanded (slightly) retirement death benefits for surviving spouses.

Last week also saw the demise of HB1356, a bill that would have captured under the right-to-know law certain non-profit agencies that receive the bulk of their operating revenue from the State (i.e., taxpayer money). In a surprisingly large margin, the House rejected the bill on fears that the requirements of transparency and openness in government would have put too many non-profits out of business. Perhaps the bill needed some fine tuning, but its goal was laudable and labor stands ready to assist these efforts to expand the reach of RSA 91-A in the future.

Next week brings public hearings on gambling bills (maybe a needed revenue source?), retirement medical trusts, and more... stay tuned!

March 12, update.....

Last week the firefighter certification bill (C2/F2) was passed by the Senate and looks to become law upon the Governor's signature. Nice work PFFNH and Esther Dickinson! As well, the Retiree Medical Trust (RMT) bill sailed through committee and the full Senate is likely to pass that next Wednesday.The full Senate also passed SB504, putting off the spiking charge for another year (and hopefully forever!).

Next week, the House will again be in session on Wednesday and Thursday in an effort to make it through a crowded calendar. Next week should see House floor action on Rep. Watrous' right to know bill which expands coverage of RSA 91-A to certain non-profits that , essentially, do the government's work and receive government funding. HB1356 is a positive initiative that further widens the public's constitutional right to know how and why the government spends tax dollars. Next Tuesday the House ED&A committee will take up SB357 which mirrors for certain judicial retirees the HB2 directive that State employee retirees pension checks be reduced by up to $130 per month. The SEA has launched a constitutional challenge to this broken promise and expect a decision from the Superior court soon. Perhaps, the ED&A committee should wait and see on this bill (?).

March 5, update.....

Senate committee action last week included unanimous approval (OTP) of the firefighter certification bill (C2/F2)(HB1131) as well as the measure to delay (again) the imposition of the ,so called, spiking assessment on cities and towns. A Senate committee also gave the nod to SB359, involving improved protections for public employee "whistleblowers". These bills will go to the full Senate next week.

Two retirement bills passed the House Finance Committee last week (HB1428 and HB1668) and should reach the House floor next week. The House did not make it very far through last week's calendar, so the House will convene two sessions next Wednesday and Thursday.


February 21, update.....

House floor action last week saw the passage of the PFFNH backed 'C2/F2' bill that seeks to uniformly apply national standards to all New Hampshire firefighters - this bill has already been scheduled for a Senate hearing on March 2d. The House also passed HB1137 with a labor backed amendment that retains the ability of a Union employee to pay dues through payroll deduction. More good news included the defeat of the 'right to work' (so called) bill and HB1142 , a measure that would have made it more difficult to present warrant articles by petition.

New matters to watch include the Senate's joint resolution (SJR2) to endorse the formation of Retiree Medical Trusts between local governments and their bargaining units to address the growing problem of financing retiree medical insurance. As well, a new Senate bill (SB504) is out which extends out the effective date of the spiking charge (so called) to employers. This bill will be heard March 2d as well.

The legislature takes it break next week -- we will post the following weeks schedule next Friday.

February 12, update.....

Last week's Committee work featured votes on the Firefighter certification bill (or "C2/F2") and a wage withholding bill which , as introduced, threatened to delete the requirement that Employers withhold Union dues from those members that authorize that deduction. HB1131 , a PFFNH backed measure, was unanimously approved by the House Criminal Justice & Public Safety Committee and will, if passed, beef up requirements for incoming firefighters and require National Standards to apply to all professional firefighters.

HB1137 was amended and voted 'ought to pass' by a unanimous House Labor Committee; the Labor backed amendment brought back into the bill the express statutory provision allowing payroll deductions for Union dues. The bill, as amended, simply adds an authorized deduction for 'other purposes mutually agreed upon'. Both these bills , as well as two law enforcement bills, HB1372 (wiretap commission) and HB1492 are scheduled for next week's consent calendar.

Speaking of the consent calendar, last Wednesday again brought drama to the House floor when a certain Manchester Rep. (guess..) invoked a House Rule that permits a single member to remove any and all bills from the otherwise, single vote, consent calendar. This caused much unwarranted delay and pushed many bills off until next week's House session, including the , so called, 'right to work' bill. Hopefully next Wednesday goes a bit smoother.

House floor action that did occur last week included, unfortunately, the killing of HB1646 (Corrections/Group II)and HB1681 (teachers). On a good note, HB1530, the most recent attack on 'earnable compensation' was defeated by a somewhat uncomfortably close margin (180-162) as was HB1682 (Rep. Kurk's 50 year 'smoothing' bill.

The 'double dipping' bill (HB1576)- a measure addressing how/when/if retired public employees can work in NHRS certified jobs - was sent to interim study, but this may well reappear in an amendment to a Senate bill. Stay tuned.

Next week brings the tax cap bill (HB1522) up for debate on the House floor. This bill was 'ITL'd' in Committee (12-6) so expect a lively discussion by House members Wednesday. Because tax caps can hamper the ability to raise revenue (which pays the bills), Labor generally opposes these measures. And so does the LGC: finally, something we agree on!

Lastly, SB357 will be voted on by the full Senate Wednesday. This bill, which passed Committee (3-0), would require deductions (65$ to 130$) out of the pension checks of current retirees from the Judicial Retirement Plan. Sound familiar? Will the judicial retirees challenge this as the SEA has done? We'll see.

February 5, update.....

Tuesday, the House ED&A Committee cleared its 'docket' of several retirement bills which will hit the House floor next Wednesday. The bad news : HB1277 which would have extended the eligibility date for Teachers to retire and receive the medical subsidy and HB1646 which would have put certain correctional personnel in Group II (where they belong), were both soundly rejected. The good news : death benefits were expanded for surviving spouses (HB1428), gutting earnable compensation was recommended for defeat, and the '50 year smoothing' bill was unanimously rejected. The earnable compensation bill will face a floor fight Wednesday, stay tuned!

Thursday, House Finance approved a bill (HB268) granting benefit protection to employees that transfer from the Judicial Branch and a House Labor subcommittee recommended an amendment to our wage withholding statute , but rejected a proposal that would have removed 'dues deduction' as a proper withholding from the law. HB1137 will be voted on by the Labor Committee Feb. 9th.

Wednesday's floor action had its share of drama. House Republicans convinced the body to overturn the Finance Committee's recommendation against removing 5 million from the current budget (meals and rooms tax share) without having a cost cutting bill in place to fill that hole. The House then reversed this trend and approved the Finance Committee's recommendation not to carve another 25 million out of the budget.

Next week : The House Criminal Justice/Public Safety Committee takes up bills ranging from firefighter certification (C2/F2) to annulments (see side bar) and the retirement bills hit the House floor Wednesday!

January 30, update.....

A mixed bag last week : while the effort to change the definition of 'earnable compensation' and the attempt to , once again, impose upon the NHRS an accounting methodology that would reduce employer rates did not get a good reception in subcommittee (both voted to recommend ITL 2-1), the effort to place deserving employees working 'behind the wall' at the Department of Corrections did not do well in subcommittee. All these bills (and other retirement bills , see the sidebar) will be voted on by the full ED&A committee this Tuesday.

Thanks , once again, to the House Labor Committee and chairman Jeff Goley, for soundly defeating the , so called, right to work bill. This bill hits the House floor Feb. 10th. Also, the Senate committee looking at the spiking issue will present a bill to , once again , extend the effective date of this unnecessary legislation. Stay tuned!



January 23, update.....

House ED&A Committee members heard many retirement bills including a couple sponsored by Rep. Kurk that seek to , once again, drastically reduce pension benefits earned by public employees and apply an accounting methodology that would artificially lower employer rates. Sound familiar? HB1530 would strike out all compensation earned by employees as a pensionable benefit except base pay. Labor leaders , including Bill Graham (Troopers) and David Lang (Firefighters), testified that the issue of 'pension abuse' remains a myth and that empoyees have paid into the system their retirement contributions on those other wages (overtime, detail pay etc). Next up was HB1682 , a measure that would set employer rates by 'smoothing' them over a 50 year period (now they are set using a 5 year look back - the norm throughout the country). So, on it goes : our opponents seeking to lower benefits , increase employee rates and allow employers to pay less than they owe! Many thanks to NHRS executive director Richard Ingram who in opposition to HB1682 pointed out that a 50 year look back is simply not a sound actuarial practice - one that our State Constitution requires. Stay tuned ... next week all the retirement bills are headed into subcommittee for more work!

January 15, update.....

What a week it was and what a week ahead....

HB401 was defeated on the floor ! This bill would have decimated employee representation on the NHRS Board of Trustees and it took a gigantic effort from Labor to help overturn a majority House ED&A Committee report. Great work from SEA's Jay Ward and PFFNH lobbyist Esther Dickinson.

Labor efforts were also rewarded by the defeat of HB673 (a bill that would allow cities and towns to withdraw from the NHRS without existing employee protections), HB631 (an awkward binding arb. bill), as well as the Senate ED&A issuance of a committee report recommending sending HB514 (OPEB) to interim study.

Hearings last week included a packed Judiciary Committee room which heard many complaints from nonprofit groups against a worthwhile legislative initiative to expand the right to know law to those organizations who are funded mostly with public dollars. HB1356 has a laudable goal and hopefully more work can be done on this bill in subcommittee. As well, an effort to expand posting requirements to cover 'draft' minutes of public bodies drew much opposition from municipal types complaining of the alleged onerous burden this bill would create. Again, this attempt (HB1284) to further open the workings of government to the light of day deserves more legislative attention.

Next week is jammed packed as well. Tuesday features the Republican backed , revised budget initiative (which contains everything from cutbacks, givebacks, and more pain for public employees -- see the side bar under Finance). Wednesday is 'NHRS' day at House ED&A as well as 'right to work' day in Rep's Hall. The legislative week closes out with the Governor's State of the State address on Thursday. Stay tuned!

January 10, update.....

The House opened its 2010 session last Wednesday but did not make it far into its Calendar, making for a lengthy session next week. The retained bills with the House ED&A committee should be reached next Wednesday and tops on the watch list is HB401 - we hope the democratic majority on that committee will prevail in defeating the committee report and prevent the unnecessary removal of employee Trustees on the Retirement Board. Also up for vote will be HB673 - a bill that allows members of the NHRS to leave the system without existing protections for employees. We are hopeful that the House will ITL this bill.

What did get done included the passage of HB53 (with the amendment suggested by PFFNH!) as well as HB268 (transfers for judicial employees / referred to Finance) and HB425 (a RTK remedies bill, referred to Ways and Means). HB631 (a problematic binding arbitration bill) was removed from the Consent Calender by its sponsor unhappy, we guess, with the unanimous committee report (ITL). So we see what the House does next Wednesday.

The House Judiciary will hold hearings next week on some interesting right-to-know bills including HB1284 a measure that would require posting of minutes sooner (5 days) and allows for minutes to be posted on official web pages -- a good bill that opens up the workings of government even more. The LGC opposes the bill (go figure!). Also up for hearing are HB1356 (non profits) and HB1362 (oversight commission) -- we are watching these bills closely and may propose an amendment or two next week. Stay tuned!

December 11, update.....

The bills are coming out and given their number (hundreds) and content (retirement,municipal budgets,wage withholding, police details,right to know,firefighter certification), the upcoming session proves to be busy. We have compiled (and will keep updated) a spreadsheet of those bills (and their status) which may be of interest to public sector labor in New Hampshire. The spreadsheet will be maintained on our downloads page throughout the session.

But first, the House will take up, on January 6th 'old business' in the form of retained bills from last session. High on this 'watch list' are HB401 where the majority report seeks to reduce employee participation on the NHRS Board - a bad bill. Good luck to the minority positionwhich represents the majority of Democrats on the ED&A committee.Also on the floor will be HB673, the majority suggesting that the bill be killed that would allow the withdrawal from the NHRS by Cities and Town without existing protections for employees.

On the consent calendar, we welcome passage of HB53 (a right to know bill amended with the full support of PFFNH), HB268 (SEA bill) and the ITL of HB631 - a bill we offered testimony on that offers an unworkable solution to Labor's 'binding arbitration' quandry.

December 3, update.....

The SB108 Study Commission met yesterday and reviewed the 'spiking calculation' report issued by the New Hampshire Retirement System (NHRS) as required by HB641 (requiring NHRS to develop a methodology to assess Cities and Towns a surcharge for alleged (and fictional) "excess earnings" earned by public employees nearing retirement.) The report is on the downloads page (dated 12/1/09) and recommends an increase in the 'loading factor' for the various Group I and Group II groups which will only raise employer (and eventually, employee) contribution rates. We are grateful that the mood of the committee (the majority, at least) seems to be that : 1) they want to act only if there is a true 'spiking' problem (which there is not, as previously noted by the NHRS actuaries); 2)they will need more time to evaluate more recent data from NHRS; and 3)the committee is likely to propose legislation to extend the current effective date of the spiking charge (now July 1, 2010) until July , 2011. Remember : "There is no spiking problem!". The committee will meet again Dec. 16th.

Today the COLA commission met and discussed a draft final majority report that acknowledged the fact that the lawsuit filed by the New Hampshire Retirement Security Coalition may well have a say in any further legislation regarding COLA's - in fact , one draft minority report suggests no legislative action until the lawsuit is resolved. Details on the lawsuit and the draft majority and minorty reports are on the downloads page. Thecommission is expected towrap things up without another meeting.A special thanks goes out to AFT President Laura Hainey and Chief Jim Valiquet for all their good work on this commission.

Speaking of lawsuits : the SEA recently filed its reply brief (yes, it's on the downloads page) in the class action case filed on behalf of 'under 65' retirees who are now being required to pay up to 130$ per month out of their NHRS pension checks for health insurance. This case has enormous ramifications on the other Constitutional challenges lodged by New Hampshire labor groups and should be closely watched. Details on the downloads page and a hearing is scheduled for Dec. 17 at Merrimack County Superior Court.

Stay tuned!

November 20, update.....

The SB108 Study Commission met and heard (again) from the Retirement System and their actuaries. There simply is no spiking problem and it appears that the committee is unwilling to fix a problem that does not exist. (see our downloads page for the reports). Recall that this is a mere newspaper headline issue and that the NHRS already builds into current rate the expected "spike" in compensation earned by public employees in the latter years of employment.

To recap : the "spiking" or "125%" provision in current law (RSA 100-A16,III-a) (effective July 1, 2010) assesses an additional surcharge on cities or towns where employees retiree with a pension that exceeds 125% of the employee's average highest 3 years of base pay. HB641 requires that the NHRS develop the precise calculation to implement this unnecessary law (this report is due December 1st), but the SB108 study committee is charged with taking a second look. Hopefully, the spiking assesment will be repealed. The committee meets again in a couple of weeks.

There was not much movement in the House Labor subcommitte on their retained bills. HB271 , HB631 and HB662 will be voted on next Tuesday , these bills are not expected to pass.

The House Judiciary Committee did the right thing by rejecting the attempts by the Local Government Center to exclude an "agency or authority"of government from the reach of the right-to-know law. HB53 was passed with an amendment that keeps that critical language in ! Nice work by the PFFNH and their lobbyist Esther Dickinson. HB135 was ITL'd 18-0 (as the sponsor as introduced a new bill on the topic) as was HB328. The Nashua bill (HB379) barely passed but expect a lively floor fight.

The House ED&A Committee surprisingly voted in favor (11-6) to recommend passage of HB401 a bill (sponsored by Rep's Hawkins Reagan and Kurk) that reduces from 8 to 2 the number of employee representatives on the NHRS Board of Trustees. A bad bill that hopefully will be killed by the House in full session on January 6th. Better news on HB673 (the bill that allows for cities and towns to withdraw from the system without the existing protections for employees) - this was ITL'd 11-6.

See you next week!

November 6, update.....

The deadline for bill requests has come and gone -- so now the task is to analyze the language of these LSR's (over 700 right now!) and to put together the 2010 labor 'watch list'. In the meantime, the next two weeks will be busy -- the 2009 retained/re referred bills will be taken up in earnest.

The sidebar has the details, but the bigger bills coming up for a vote include HB53 (the tired old effort of the LGC to overturn labor Court victories) and HB673 ,theretirement billthat would allow Cities and Towns to withdraw from theNHRS withoutexisting protectionsfor employees (bad bill). As well,look for action from the House LaborCommitteewhich is trying to fashion a workable binding arbitration bill. Stay tuned!
October 11, update.......

House members have put in over 600 bill requests (LSR's) so the session coming up looks to be busy. Look for issues ranging from retirement, State agency reorganizations to right to work . The Senate has signalled that its members will not entertain bill requests at the last minute and an amendment to the Senate rules is under consideration :

48. Deadlines:

(a) Wednesday, October 28, 2009 First day to file legislation for 2010 Session.

(b) The Office of Legislative Services shall not draft a Senate Bill, Senate Concurrent Resolution, or Senate Joint Resolution, unless a request by a member for drafting with complete information has been received not later than 4:00 p.m., Friday, November 06, 2009, for the 2010 Session.

(c) The last day to sign-off legislation for the above filing period shall be Wednesday, December 09, 2009, at 4:00 p.m.

So get those bills drafted !

Finally, the House ED&A subcommittee has punted consideration of its retained bills (including HB673) until January. Stay tuned as the text of all new bills will be released soon.

Sept. 27 update.......
HB53was front and center once again last week before the House Judiciary Subcommittee and PFFNH offered testimony (again) and convinced the committee to retain criticallanguage in the right to know law that captures the LGC and similar quasi-governmental agencies withinits reach.

Much to the chagrin of LGC lawyersin attendance, the final language of the proposal not only keeps in the "agency and authority" language but expands the definition of "public body"to cover any other "similar body" as well as village districts. The revised bill (available on the downloads page)will next go to the full Judiciary committee. Nice work PFFNH and its lobbyist Esther Dickinson!

The retained bills before the House ED&A subcommittee will be taken up again next week (including HB673 which labor opposes). The sick leave and flex time bills received an unenthusiastic reception last week and we can expect amendments to be offered significantly watering down those proposals.

The week ahead......
Sept.19, 2009. Along with the Judiciary Subcommittee taking up (again) certain right to know bills (HB53!), subcommittee work will be done by House ED&A and Labor. See the sidebar for details -- on the high priority list here isHB673 -- an LGC backed measure to make it easierfor member Cities and Towns to withdraw from the Retirement System withoutthe legal protections for employees now on the books.Labor was there last session and will continue to fight this bad bill. See below Archive entry for March6 for more details.

Also, check out thelabor bill watch list posted on ourdownloads page and keep tabs there as the session begins and bills get filed!

"Update on RTK bills......

Sept.17, 2009. House Judiciary subcommittee assigned the retained right-to-know bills took testimony on HB53 this week and the firefighters were front and center. Attorney Milner testified, again, that the bill is not the "housekeeping" measure the LGC claims it is, but an attempt to overturn court cases that the LGC dislikes. Thankfully, the committee members appeared to see HB53 for what it is : an unnecessary limitation on those public bodies subject to RSA91-A. The committee will vote next week (hopefully) to recommend the bill be killed.

The committee also voted to recommend "ITL" on the study commission bil (watch for a more specific LSR on nonprofits from Rep. Watrous) and "OTP" on HB379 - labor is looking at offering an amendment to the full committee. Stay tuned!


2009 Recap and a look ahead.....

The budget and HB2 passed and the lawsuit season began in earnest. First out of the gate were the doctors and the Governor's attempt to raid their malpractice insurance fund - the Superior Court ruled against the State's 110 million dollar money grab, finding that this legislative action violated the Constitution (a case closely watched by the labor community). See our downloads page for updates on this case. Next came the nursing homes who convinced a judge to freeze 9 million dollars in a fund that Stateagain claimed ownership of.

Labor was next : the SEA filed a class action on behalf of retirees under the age of 65 who are having their pension checks reduced by (a collective) 5 million dollars - an action , like in the doctor's JUA case, that violates the Constitutional provisions protecting these vested rights. The New Hampshire Retirement Security Coalition was next : this class action similarly raises legal challenges to legislative tinkering with established and protected pension benefits. Ourdownloads page has the details.

notable bills that passed :two retirement spiking bills became law, HB641 (attempting to make the employer assessment more equitable) and the study commission is established to review the entire issue (SB108) - a good idea because this spiking issue is a red herring, newspaper headline issue only!

SB160 increased death benefits for retirement members and HB420added more accidental disability protections.

notable bills that were killed: the 'retirement envy ' bills championed by certain Rep's (you know who you are) were soundly defeated : HB590 (age bill Group II) , HB591 (pension cap at base pay) , and HB532 (extra duty special pay) all went down because of Labor's collaborative efforts at the State House : special thanks are deserving for Dave Lang (Firefighters) and Ellie Carpenito (NHPA).

Attempts to peel away existing rights under our collective bargaining law were rejected by the House and (thank you) the House Labor Committee. Defeated was an unworkable dispute resolution bill (HB46)and LGC attempts to repeal labor's recent gains on 'evergreen' (HB231) and card check (HB500).

Law enforcement played some good defense as well: NHPA was instrumental in defeating the civilian review board bill (HB92) and the 'cops on tape' bill was defeated (HB312).

On a down note, HB632 passed the House policy committee but was unjustly killed by Finance -- these certified police officers working at the New Hampshire Hospital belong in Group II; the fight goes on.

What's ahead: the 'right to know' bills that were retained by the House Judiciary Committee are scheduled for a work session on September 15th and need to be monitored very closely. HB53 seeks to overturn the Firefighters' court victory that included the LGC's HealthTrust within the grasp of RSA 91-A; but the remedies available for successful plaintiffs who open locked government files should be beefed up ! See HB135 and HB425. Watch also HB328 a study bill dealing with non profits and 91-A (HealthTrust??).

Lastly, important dates loom ahead -- see the Side Bar for details : Last day for bill requests in the House is September 25th! Any ideas?

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ARCHIVE : 2009

Tuesday June30 Update

The Governor today signed the budget into law. Game on! Negotiations with the SEA (and Troopers) did not conclude today , so 12,000 or so State workers will go to work tomorrow under the evergreen provision of existing contracts. The SEA and Troopers have offered creative solutions (including furloughs) that would save the State much more than the 25 million dollarsthe Governor seeks. Still, State negotiators are responding with the same old proposals of give, give, and then give some more. Talks will continue on Thursday.

Meanwhile a Judge has issued an order freezing millions of dollars in the NHMMJUA fund which the Governor seeks to raid to raise much needed revenue.The Superior Court also froze 8.8 million dollars in excess Medicaid money in a suit filed by a group of nursing homes.

And, speaking of lawsuits, the new budget promises to invite legal challenges regarding bumping rights , State retiree health insurance, changes made to the definition of 'earnable compensation' , and the broken promise to all State retirees for a meaningful COLA. Stay tuned...

Friday June19 Update

Well, this Wednesday will be big -- will this budget pass? It should be razor close in the Senate and many House democrats (including many in the Labor caucus) have vowed to vote against it because of the failure to include any new major revenue drivers (like, gambling) .

State employees have taken the worse blow , to be sure : no bumping rights (the Governor was instrumental in nixing a compromise deal reached late Thursday night) ; a tax on retirees under 65; closure of Tobey and the Laconia correctional facility; increase retirment rates for new hires;and massive layoffs. The SEA is urging its members to contact legislators and urge they send the budget back to conference.

The HB2 Committe of Conference report is out -- read the gory details here.

Thursday June18 Update.
2:15 pm --- Retirement issues are now being resolved by the Committee of Conference -- A COLA for retirees has been agreed upon at the same level as last year! (60 Million from the Special Account) Nice work!

Also, the conferees have agreed NOT to raise employee rates for retirement (except for new hired State employees) and to recalculate employer rates based upon the State's reduced contributions to the employer costs on retirement.

We await word on State retirees health insurance costs and bumping rights. Stay tuned for more!

11:59 PM --- The Committee of Conference is near a deal, dramatic new cuts are being considered. Unfortunately, bumping rights and the requirement that part timers go first have been suspended and the Governor is given 25$ million in discretionary cuts in personnel. A long (and sad) day. More in the morning.

Monday June15 Update.

HB590 is voted down by the Committee of Conference! While this victory for labor still needs to wait for final passage of the budget, it appears the 'work more for less' bill is dead. Great news for Group II members and bad news for Group II detractors and sponsors of this 'legislation by panic' (Reps. Hawkins , Reagan, Kurk, etc).

Much more to follow tomorrow as the battle continues --and thanks to everyone that appeared today to show Labor's commitment to holding our elected officials responsible --the 'sea' of red shirts (retired teachers)to 'SEA' members to Police and Fire- thanks , the showing was impressive.

Friday June12 Update.

The battle over the budget continues ... yesterday conferees from the House and Senate did agree to the Senate's version on the unfair tax on State retirees -- 65$ and 130$ reduction in pension checks for those retirees under age 65. Monitor coverage here. Legal challenges are now under review.

We'll update with any news from the State House throughout the day, but the testy HB2 issues are likely to be taken up on Monday. Stay tuned!

Wednesday June10 Update.
HB590 (Group II age bill) dead ? Not so fast! Today the House ED&A committe voted to non-concur with the Senate amendment to the 'work more for less' bill and did not evenrecommend a committee of conference. Rep. Harding (D. Lebanon) voiced the sentiment of the majority of the committee - 'without a change in the multiplier, why bother with this bill'. (Yes, she is a Democrat).

So, the billmeets a deserving death right? Nope. In a rather unusal move, the full House later in the day voted 170-165 to non-concur AND request a committee of conference - breathing life (a puff perhaps) back into this bill that , as introduced, seeks to make Group II members work longer for a reduced benefit. Reps Leishman, P.McMahon, Foster, and Gould have been named as House conferees -- we will be watching what happens from here, stay tuned!

The House also non-concurred with theHB335a bill that creates a study committee on State retiree health insurance. The House apparently didn't like the Senate's amendment that simply adds members to the committee, including two under 65 retirees. Go figure? The House would rather have this bill killed than add individuals who are stake holders to the committee (sheesh).

In other action : HB641 is headed for committee of conference - the House non-concurred with the Senate's version of this , so called, 'spiking' bill; the House will also agree to a committee of conference on SB108 the study bill onspiking (Senate version)andalso the definition of "earnable compensation" (House amendment that the Senate didn't care for); and the House ED&A committee voted to concur with the Senate's version of HB519.

A busy day -- and tomorrow brings the budget and HB2 -- stay tuned here for more!


Monday June8 Update.
The conference committees began work todayand there are no surprises to report. The schedule of events will be that HB1 (the numbers bill) will be taken up first and then the real battle will begin this Thursday when HB2 (the devil in the details) is debated. Look for gambling, taxes and fees to dominate the news , but labor is hopeful that the conferees will also relook at the legality of the suspension of bumping rights and the unfair tax on State retirees under 65. Stay tuned.

Thursday June4 Update.

Senate passes its version of the budget.
- yesterday the full Senate passed its version of HB2 (available here)and the budget battle moves to a Committe of Conference where the House and Senate will attempt to craft a final package for the Governor to sign. These talks are scheduled to begin next Monday. [you can read the Senate Finance Committee's recommended HB2 on the downloads page.] The sections watched closely by labor were passed by the full Senate essentially intact.The Speaker has appointed to the Committee of Conference Reps Smith, Nordgren,Eaton,Almy and Kurk with alternates Reps DeJoie, Hatch and Major.

The Senate also passed HB590 (as amended by the Senate) -- this is the Group II age bill which originally was dubbed the 'work longer for less' bill. The Senate version only increased the number of years to 25 -- Rep. Hawkins (a sponsor of the original bill and many similar attacks on public employees) has been quoted as saying he is so disappointed in the Senate that the House should 'non-concur' (and the bill would die altogether). That's good too! Stay tuned.

Other stuff:

HB641 passed the Senate

SB108has been nonconcurred by the Senate and Senators Cilley,Fuller Clark and Downing have been appointed to the Committeeof Conference.

HB685 the House concurred

HB420and HB335passed;HB312 was killed

the Senate concurred with SB160

Monday June 1 Update

The budget bills will bevoted on by the Senate this Wednesday -- the full amendment versions (HB1 and HB2)and a labor section version of HB2 are available on the downloads page.

Thursday May28 Update.

The Senate Finance Committee today approved a "13th check"($1000 to $1500) for certain NHRS retirees (those with 15 years of service and receiving less than $20,000/ year pension)-- a modest sum but intended to take some of the sting out of the other changes (health care!) under consideration. A nice gesture indeed for those retirees living on a verymodest pension. Read the amendment to HB2 here.

Late last night (actually early this morning), the Committee narrowly defeated a drastic measure to cut another 28 million dollars from those bargaining units now negotiating new contracts with the State (SEA, Troopers). Read the amendment here. This proposal is not expected to resurface.

Also, expanded gambling was approved (slot machines at existing race tracks and at "destination" casinos) which will bring in an estimated 180 million dollars over the next biennium. This revenue generator was promoted by most public sector Unions.

The Senate Finance Committee is now wrapping up its work and the full Senate version of the budget will be voted on by that bodyon Wednesday, June 3rd. Then, it's off to a Committee of Conference where the Senate and House will attempt to reach an accord on a final budget.

Labor will be there fighting for all public employees. Stay tuned!

SundayMay24 Update.

The Senate budget sub-committee finished up its review of the appropriations contained HB1 and HB2 yesterday and the full Finance Committee will review the revenue side (taxes etc) first thing on Tuesday with a vote on a recommended budget that day as well. Some estimate the current budget shortfall at 370 million dollars! The full Senate will vote on these recommendations by June 4. Some of the (mostly) "low lites" include:

-- a 65$ monthly taxon current state employee retirees and another 65$ per month whack for married retirees;

-- the suspension of bumping rights for laid off state workers and (can you believe it?) the suspension of the requirement that part time employees be let go before full time workers! Ouch.

-- current State Trooper vacancies will be filled by soon to be laid off border patrol personnel;

-- the closing of the Tobey school in September;

-- a study committee to look at rollingLiquor Enforcement into the State Police.

Read the proposed amendments here.

Onegood development came in the form of an amendment offerd by Senators Larsen and Hassan which rolled back the increase in retirement rates, except only state employees hired after June 30, 2009. (go figure that disitinction out??).

There will bemuch more next week -- stay tuned here for updates throughout the week ahead.

FridayMay15Update.

The budget battle will wage on big time next week with the Senate Finance Committee scheduling work sessions Thursday, Friday and Saturday. The current plan contemplates a Committee vote the following Tuesday (May 26) and a full Senate vote Thursday June 4th. These hearings are critical as it is within the two budget bills (HB1 and HB2) that we battle over layoffs, elimination of bumpingrights, the increasein employee retirement rates, the reduction in the State'sretirement contributions, the increase in State retiree health insurance costs, State boardsand agencies consolidation, and more.

As reported last week, the Senate killed HB532, the Rep. Hawkins' bill that would have eliminated extra duty/special pay as a pensionable benefit. This was donedespite LGC's efforts to amend the bill to apply only to non vested employees -- the Senate did not budge! However, the issue of earnable compensation is not likely to just go away. We still have study bills thatmay keep the issue alive over the summer and promises from some State Rep's that a wholesale review of retirement benefits is in order. Stay tuned!

The retirement bills passed by the Senate (HB641HB590and HB420) will now be heard by the Senate Finance Committee. Rep. Hawkins is not pleased that his attempts to reduce pension benefitsearned by hard working public employees has not succeeded. Read the Union Leader story here.

Last week also brought about the end of HB349, the measure seeking to shield legislator's email traffic from RSA 91-A. The Senate sent the bill to the deleted folder!

Finally, hearings are scheduled for this Tuesday on HB335 (regarding the State retiree health commission) and that quirky law enforcement video bill, HB312. Stay 'tuned' here for more.

Senate pulls through for labor !

Wednesday May 13. The Senate today passed , as amended , HB590 on a 24 - 0 vote! They also killed on a voice vote HB532 -- the right move indeed! HB420 , increasing accidental disability benefits, also passed on a voice vote. President of Manchester Fire Local 856 Bill Clayton said, "We appreciate the Senate standing with the men and women who protect us all every day and night". More to follow.

FridayMay8Update.

The Senate hearinglast Tuesday was jammed packed with laborleaders urging the Senate ED&A committee members to undue some of the damage done in the House on retirement. Unionized public employees can thank their leadership as the Committee voted 4-0 to kill HB532! The fact is extra duty special pay has not caused the problems the retirement system faces today -- rather underpaying employers and the market are most to blame.

Good news also on HB590 - the Group II age bill. The Senate comittee amended the bill (with the urging from labor) to only increase the vesting time to 25 years (up from 20) and to leave the benefit level the same (2 1/2/% multiplier). No age requirment .... just 25 years and just for new hires!

HB420 and HB641 were also heard by the Committee. The Senate passed the measure increasing accidental disability benefits and the spiking bill which will need to be watched carefully.

The Senate will vote on these bills this Wednesday. Stay tuned!

FridayMay 1Update.

Well, it's game time this Tuesday , with the Senate scheduling public hearings on the pending retirement bills passed by the House. HB420 (a disability-benefit bill) will be taken up along with these remaining 'big three' : HB532 (exclusion of extra or special duty pay), HB590 (Group II age/multiplier), and HB641 (the so called spiking charge). The expansion of the disability benefit bill deserves to pass, but the fight to kill the big three is now on! Will April showers bring May flowers? We'll see!

The HouseED&A committee met last Wednesday and voted out two retirement bills: SB200 is a bill that allows members of the retirement system who die while performing qualified military service to receive ordinary death benefits, as provided in the federal Heroes Earnings Assistance and Relief Tax Act of 2008. The commitee amended the Senate version by deleting the 'remarriage' discontinuance reference so as to conform with the committee's similar amendment to SB160. The committe also acted on SB108, the Senate's retirement study bill. Wath out! The committee amended the bill to include for "study" items such as 'earnable compenstation' as well as the entire benefit package earned by public employees. We need to study this study bill over the summer. These two bills go to the full House next Wednesday.

Finally, as expected, the House last Wednesday voted 283 to 46 to kill SB145 - the Senate's atempt to forbid employers from denying time off to employee board members of the NHRS. Wow! The House did pass (as amended) SB160 on a much closer vote of 198 to 137 -- (a bill that benefits public employees).

Let's hope that more cooler and more reasonable heads prevail in the Senate next week!

FridayApril24Update.

Can you believe this? The HouseED&A Committee is at it again, voting 13-6 last Monday to killSB145- a measure that simply forbids employers from refusing to allow NHRS Trustees time off to attend Board meetings. The mantra of 'Unfunded Mandate' was hauled out again by LGC types and those Legislators apparenly fascinated by Retirement System matters. Well, at least the Committee did see fit to pass SB160 which expands benefits to the survivors of employees killed in the line of duty. These bills go to the House floor next Wednesday.

Last Thursday, an overflow crowd crammed the public hearing on SB132 -the bill that seeks to advance the Governor's plan to merge several State agencies. The merger plan - which would affect hundreds of State employees - was a major component of the Governor's budget address but faces major hurdlesin theHouse.The HouseED&A Committee meets on the bill again next Wednesday.

Next week also brings us action on HB349- an interesting bill that seeks to shield legislator's email from the right to know law. The Senate Election Law Committee takes the measure up on Tuesday.In the House, the ED&A Committee will vote on SB108 next Thursday, the Senate's retirement study commission plan. Will this worthy measure meet the same fate as SB145? We'll see!

Finally, the the two retirement disasters passed by the House (HB532 - extra duty pay and HB590 - Group II age /benefit bill) have yet to be scheduled for hearing in the Senate, but they are in the news. According to Representative Hawkins (the major Republican behind most of the attacks on the Retirement System and public employees), these bills don't have a chance in the Senate. Read the Union Leader coverage here. On this score, let's hope he is right!

FridayApril17Update.
A rather quiet week, with the Senate holding its public budget hearings on the road and the retirement bills still not scheduled for hearings in the Senate. You know its a quiet week when all the LGC has to complain about is the bill that forbids employers from refusing time off to employee trustees on the Retirement Board in order to attend NHRS meetings.SB145 gets voted on by the HouseED&A Committee next Tuesday along with SB160, the bill that allows the surviving spouse of a group II retirement system member who is killed or dies in the performance of duty to continue to receive a retirement system annuity after the surviving spouse remarries.

ED&Awill also conduct work sessions next Wednesday on the Senate's retirement system study bill(SB108)and SB200, a bill thatallows beneficiaries of retirement system members who die while performing qualified military service to receive ordinary death benefits, as provided in the federal Heroes Earnings Assistance and ReliefTax Act of 2008.


FridayApril10Update.

The Budget and theTrailer Bill both passed the House as expected and in the form as recommended by the majority of the House Finance Committee. Thus the State and municipal employers made out rather well while employees and retirees face an unfair and unequal "share of the pain". Here's the scorecard :

* return of the Rooms and Meals tax to employers -- plus 58.8 million each year of the biennium.

* 2% tax on employee contributions to the retirement system (this is up to a 40% increase) -- plus 100 million for employers as their rates will be adjusted dowward.

* let's throw in the millions the State will gain by imposing an 11.5% tax on State retirees under age 65 and the reduction in retirement contributions on behalf of municipal workers.

* and let's pile on by adding the plus 38 million dollars employers will gain by raising the Group II retirement age and decreasing their benefit calculation. (HB590 passed, again, on Thursday).

There is no doubt,government workers and (shamelessly) retirees are being asked to balance a budget while at the same time face property tax, gas tax and other increases just like their fellow taxpayers.

The Senate will take input next week and the unfariness of this House budget must be emphasized.

Other stuff:

The effort to include NH Hospital Campus Police in Group II was voted down by the House on the recommendation of the Finance Committee. Yes, HB632 was defeated but because this measure passed overwhelmingly by the HouseED&A Committee (the Committee that is charged to set policy!), this measure could resurface as an amendment to a bill before the Senate. Stay tuned.

Well, we have reached crossover, so the measures passed by the House now go to the Senate. The retirement system disaster (HB532 - detail pay/earnable compensation; HB590 - Group II age requirement; HB641 - the spiking charge ; and others) is likely to get the Senate's attention all in one "retirement week". In turn, the House ED&A Committee will take up the Senate's retirement bills next Thursday. (See Sidebar).

FridayApril3 Update.

The House Finance Committee delivered on its promise to make public employees "share the pain" by imposing unfair taxes on active and retired public servants. Increases in employee retirement contributions by 2% and deducting State employee retirees' pension checks by 11% for health insurance lead the way. Where to start?

#1Increasing retirement rates for employees is not only unfair (see below) it's probably illegal. How soon we forget -- in a 175 page report issued by a legislative study commissionin January 2008, theNH Attorney General's office was asked whether increasing employee retirement rates was legal. Here's the exchange:

Can employee contribution rates be increased for all active members (not just new hires)? Yes, providing there is a commensurate benefit for them. The concept of equivalency is important, and can also apply to benefit reductions. If a benefit is reduced for employees who have a contractual right, it may be ok, providing there is a fair trade-off.

So where there is no "fair trade off" the increase for vested members (at least) is a contract clause violation!

#2 Increasing the retirement contribution rates is not sound policy. Employees have paid more into the retirement system than employers (by some230 million dollarssince 1982) and the two major factors for the system's current problems involve employers not paying their proper share (and the legislature passing laws to insure this) and the overall downturn in investment returns. Public employees did not create the problems with the retirement system and did not create the State's current budget crisis - so , they should not be expected to shoulder an unfair burden to correct these problems.

#3 Breaking the promise made to State employee retirees is unfair and unconstitutional. These folks worked under an agreement (by statute) that upon retirement the State would pay the premium for their health insurance. To renege on this promise tothis most vulnerable population is shameful and , as the the8th Circuit Court of Appeals determined just last year, may well be illegal (sound familiar?)( Union Leader coverage here Monitor coverage here).

The House votes on the budget next Wednesday . The good news? These decisions still need Senate approval -- stay tuned.

------------------------------------

Retirement Re-cap (or autopsy)

The two 125% / spiking bills : the moratorium bill (HB223) passed both the House and Senate. If signed into law (expected), the effective date for the spiking charge will be pushed back to July 1. 2010. The other bill (HB641) makes further refinements including raising the floor above wich pensions may not exceed by125% from the base rate to the AFC rate (a necessary change to an unneccessary bill) and phases in payments over a four year period. This bill passsed the House and will 'crossover' to the Senate. Remember, even the actuaries hired by the NHRS state that this anti spiking bill is not needed and is a response to a newspaper headline, not facts!.

Earnable compensation : The House did vote against the majority report of the ED&A committee and struck extra duty/detail pay from the definition of earnable compensation. HB532is another legislative knee jerk reaction to perceived wrongs with the retirement system. Further, this bill affects everyone, not just new hires, so a legal challenge is likely in the event this bill passes the Senate and becomes law. Let's hope not.

Group II Age requirment : HB590passed the House Finance Committee (22-1) and will be back on the House floor next Wednesday.This bill requires new hires in Group II to work longer (age 50 with 25 years) to earn a 50% pension. Again, a reaction to a perceived problem and not the facts as to why the system is not adequately funded. Pension envy abounds.

Right to know re-cap

Most of these bills were retained by the House Judiciary Committee for further study over the spring/summer including HB53and HB673, two LGC backed proposals that need to be watched very closely. One would make the LGC exempt from 91-A and the other strips employees of necessary protections in the event an employer leaves the retirement system. We'll be watching!

Labor bills

Many of the bills on our watch list have been retained as the Labor Committee (the '11-7' committee), will do a comprehensive review of RSA273-A over the summer. Again, these types of study efforts need to be watched closely by labor. Many thanks to the Committee for killing the repeal efforts on the evergreen clause and WMA (card check).

Other stuff

HB632and the effort to include NH HospitalCampus Police in Group II had quite a journey through the House and will be voted on (again) this Wednesday. These folks are fully certified police officers and meet all of the statutory requirements for inclusion as "permanent policemen". This bill passed the ED&A Committee by a 18-1 vote after hearing from , among others, Colonel Fred Booth of the NH State Police who described in detail the life threatening dangers these officers face on a daily basis (the Colonel also displayed for the Committee many of the weapons that have been confiscated from "patients" at the hospital). The House followed suit and passed the bill on a voice vote. Enter the Finance Committee and Rep Kurk. Rep. Kurk moved to kill the bill because , he claims, when jurisdiction over this police force was moved from DHHS to Safety, the Legislature was "assured" no inclusion into Group II would be sought. Huh? We double checked and no such assuranceswere made. In any event, the bottom line is that these folks meet the statutory defintion for inclusion and the House's original voice vote should be restored. We'll see.

Speaking of police officers, there sems to be an audio/video war going on between SB126 and HB312. The Senate bill sought to remove the requirment for officers to announce audio recordings at routine stops and the House bill seeks to allow citizens to record (audio and video) officers in the course of their official duties.The Senate bill was voted down by the Senate Judiciary Committee (4-1) abd the House voted for their bill over the ITL recommendation of the House Criminal Justice Committee. "Watching and listening"how this collision works out should be interesting.

Finally, congratulations again to the New Hampshire Police Association and their lobbyist extraordinaire, Ellie Carpenito for working against and killing HB92 (civilian police review boards) !

FridayMar 27 Update.

Wednesday's floor fight onHB532 was something to see, indeed. The House , urged on by Rep. Hawkins (LGC's rep. of the week), voted against the majority report of the ED& A Committee151-191 - a rarerebuke by the House.The original bill was then voted on which excludes extra duty detail pay from theGroupII pension . The vote was close 189 - 185and this bill will get some serious attention in the Senate. The House did go with the recommendation of the ED&A committee and killedHB591(pension cap)overRep. Hawkins'vigorous challenge on the House floor.

The Labor Committee (and the labor community) fared much better as the House killed the repeal efforts on the evergreen clause (HB 231) and card check (HB500).

We'll have much more this Friday including the House Finance Committee's "share the pain" campaign which has , so far, raised employees' retirement contributions, taxed State employee retirees for health insurance (Monitor coverage here) and, if you can believe it, even overturned a House voice vote onHB632 placing NH Hospital Police in Group II (where they belong!). Good grief, what a week, and Labor turns its weary eye toward the Senate!

FridayMar 20 Update.
With aMarch 26deadline, the House has scheduled three marathon session days next Tuesday, Wednesday and Thursday to act on all remaining (over 300!) bills.TheGovernor's budget moved alongitslikely path topassage with a promise that Cities and Towns will get back their revenue share of theMeals and Rooms tax (125 million). Good news for those communities threatening layoffs and furloughs. The plan is to take the money out of the fully funded education line item and to replacethat with expected federal stimulus money. Speaking of federal stimulus, the grant windowsare open forlaw enforcement and firefighters to apply for these merit basedprograms.The COPSHiring Recovery Program (CHRP) will provide direct aid (billions!) to hire more officers.For firefighters seeking grants for construction projects, PFFNHis working with Senator Shaheen's staff members to provide guidance. ContactPFFNH for more.

retirement:

The LGC was not happy with the votes taken by the ED&A Committee, so Labor must be doing something to stay the tidal wave like, anti-pension fever that abounds there.

Extra /special duty pay : as expected, HB532 was amended to keep special duty pay as a pensionable benefit but will require employers to charge and pay for the entire contribution to the retirement system. The debate was heated and a floor fight is expected on Tuesday.

The Committee also voted to ITL the base pay cap on pensions (HB591) and to retain the LGC's "policy bill" (HB673) making it easier to withdraw from the NHRS. Maybe next time LGC! The so called, spiking charge bill passed (HB641) giving employers additional time to make the payments.

labor bills:

The Labor Committee killed HB231 , the repeal effort on the evergreen clause. (LGC loses). The repeal effort ofWritten Majority Authorization (card check) was also defeated. (LGC loses again). Expect floor fights on these next week. The Committee also retained a bargaining bill (HB631) in order to conduct a complete review of RSA 273-A this spring/summer.

State employees:

As the budget winds its way through the House, the SEA is fighting off layoffs, protecting bumping rights and attacking the Governor's plan to charge retirees $100/ $200 month for health insurance. We have prepared legal memoranda ("white papers") and are working with Legislative legal staff to ward off these attacks. The charge to retirees is especially cruel, as these folks have worked under (and earned) the promise of health insurance and we plan to make the State keep its word!

Other stuff:

The Judiciary Committee has retained all of the right to know bills, including HB53. We'll need to watch these efforts closely over the summer. The Finance Committee not only approved the Governor's plan to reduce the State's contribution to the retirement system down from 35% to 30%, but voted to further reduce that amount in FY2011 to 25%! This means less aid to Cities and Towns who will , no doubt, take this out on the backs of public employees. Stay tuned and contact your Union leadership for more on how you can help.

FridayMar 13 Update.

The Governor's Office of Economic Stimulus (NH OES) briefed the Legislature on Monday on some of the details of how New Hampshire may benefit from the federal stimulus bill (ARRA). Plans are out, for example, to provide aid/jobs to law enforcement(1 billions dollars nationwide) and capital improvements for firefighters (210 million nationwide). Good news, perhaps, for those police departments in need of more bodies and for those Towns in dire need of new fire houses.