Text: SSB00122                          Text: SSB00124
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 123

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 19A.9, subsections 1, 2, 14, and 16,
  1  2 Code 1995, are amended to read as follows:
  1  3    1.  For the preparation, maintenance, and revision of a
  1  4 position job classification plan from a schedule by separate
  1  5 department for each position and type of employment not
  1  6 otherwise provided for by law in state government for all
  1  7 positions each job classification in the executive branch,
  1  8 excluding positions job classifications under the state board
  1  9 of regents, based upon assigned duties performed and
  1 10 responsibilities assumed, so that the same general
  1 11 qualifications may reasonably be required for and the same
  1 12 schedule of pay plan may be equitably applied to all positions
  1 13 in the same class, in the same geographical area.  After the
  1 14 classification has been approved by the commission, the The
  1 15 director shall allocate classify the position of every
  1 16 employee in the executive branch, excluding employees of the
  1 17 state board of regents, to into one of the classes in the
  1 18 plan.  Any employee or agency officials appointing authority
  1 19 adversely affected by the allocation classification or
  1 20 reclassification of a position to a class shall, after filing
  1 21 may file an appeal with the director a written request for
  1 22 reconsideration in the manner and form the director
  1 23 prescribes, be given a reasonable opportunity to be heard by
  1 24 the director or the director's designee.  An appeal may be
  1 25 made to the commission or to a qualified classification
  1 26 committee appointed by the commission.  An allocation The
  1 27 classification or reallocation reclassification of a position
  1 28 by the director to a different classification that would cause
  1 29 the expenditure of additional salary funds shall not become
  1 30 effective, if the allocation or reallocation may result in the
  1 31 expenditure of funds is in excess of the total amount budgeted
  1 32 for the department of the appointing authority, until
  1 33 budgetary approval has been obtained from the director of the
  1 34 department of management.
  1 35    When the public interest requires a diminution or increase
  2  1 of employees in any position or type of employment not
  2  2 otherwise provided by law, or the creation or abolishment of
  2  3 any position or type of employment, the governor director,
  2  4 acting in good faith, shall so notify the commission governor.
  2  5 Thereafter, the position or type of employment shall stand
  2  6 abolished or created and the number of employees therein
  2  7 reduced or increased.  Schedules of positions and types of
  2  8 employment not otherwise provided for by law shall be reviewed
  2  9 at least once each year by the governor director.
  2 10    2.  For pay plans within the purview of an appropriation
  2 11 made by the general assembly and not otherwise provided by law
  2 12 for covering all employees in the executive branch of state
  2 13 government, excluding employees of the state board of regents,
  2 14 after consultation with the governor and appointing
  2 15 authorities, with due regard to the terms of collective
  2 16 bargaining agreements negotiated under chapter 20, and after a
  2 17 public hearing held by the commission director.  Review of the
  2 18 pay plan for revisions shall be made in the same manner at the
  2 19 discretion of the director, but not less than annually.  The
  2 20 annual review by the director shall be made available to the
  2 21 governor a sufficient time in advance of collective bargaining
  2 22 negotiations to permit its recommendations to be considered
  2 23 during the negotiations.  Each employee in the executive
  2 24 branch, excluding employees of the state board of regents,
  2 25 shall be paid at one of the rates set forth in the pay plan
  2 26 for the class of position in which employed and, unless
  2 27 otherwise designated by the commission, shall begin employment
  2 28 at the first step of the established range for the employee's
  2 29 class.
  2 30    14.  For layoffs by reason of lack of funds or work, or
  2 31 organization, and for re-employment the recall of employees so
  2 32 laid off, giving primary consideration in both layoffs and re-
  2 33 employment recall to performance record and secondary
  2 34 consideration to seniority in service.  Any employee who has
  2 35 been laid off may keep the employee's name on a preferred
  3  1 employment recall list for one year, which list shall be
  3  2 exhausted by the agency enforcing the layoff before selection
  3  3 of an employee may be made from the register promotional or
  3  4 nonpromotional list of eligibles in the employee's
  3  5 classification.  Employees who are subject to contracts
  3  6 negotiated under chapter 20 which include layoff and recall
  3  7 provisions shall be governed by the contract provisions.
  3  8    16.  For discharge, suspension, or reduction in rank job
  3  9 classification or pay grade for any of the following causes:
  3 10 Failure failure to perform assigned duties, inadequacy in
  3 11 performing assigned duties, negligence, inefficiency,
  3 12 incompetence, insubordination, unrehabilitated alcoholism or
  3 13 narcotics addiction, dishonesty, any act or conduct which
  3 14 adversely affects the employee's performance or the employing
  3 15 agency, and any other good cause for discharge, suspension, or
  3 16 reduction.  The person discharged, suspended, or reduced shall
  3 17 be given a written statement of the reasons for the discharge,
  3 18 suspension, or reduction within twenty-four hours after the
  3 19 discharge, suspension, or reduction.  A copy thereof shall be
  3 20 filed with the director.  All persons concerned with the
  3 21 administration of this chapter shall use their best efforts to
  3 22 insure ensure that this chapter and the rules adopted
  3 23 hereunder shall not be a means of protecting or retaining
  3 24 unqualified or unsatisfactory employees, and to cause the
  3 25 discharge, suspension, or reduction in rank of all employees
  3 26 who should be discharged, suspended, or reduced for any of the
  3 27 causes stated in this subsection.
  3 28    Sec. 2.  Section 19A.32, Code 1995, is amended to read as
  3 29 follows:
  3 30    19A.32  WORKERS' COMPENSATION CLAIMS.
  3 31    The director shall employ appropriate staff to handle and
  3 32 adjust claims of state employees for workers' compensation
  3 33 benefits pursuant to chapters 85, 85A, 85B, and 86, or with
  3 34 the approval of the executive council contract for the
  3 35 services or purchase workers' compensation insurance coverage
  4  1 for state employees or selected groups of state employees.  A
  4  2 state employee workers' compensation fund is established to
  4  3 pay state employee workers' compensation claims and
  4  4 administrative costs.  The department shall establish a rating
  4  5 formula and assess premiums to all agencies, departments, and
  4  6 divisions of the state including those which have not received
  4  7 an appropriation for the payment of workers' compensation
  4  8 insurance and which operate from moneys other than from the
  4  9 general fund of the state.  The department shall collect the
  4 10 premiums and deposit them into the state employee workers'
  4 11 compensation fund.  Notwithstanding section 8.33, moneys
  4 12 deposited in the state employee workers' compensation fund
  4 13 shall not revert to the general fund of the state at the end
  4 14 of any fiscal year, but shall remain in the state employee
  4 15 workers' compensation fund and be continuously available to
  4 16 pay state employee workers' compensation claims.  The director
  4 17 of revenue and finance is authorized and directed to draw
  4 18 warrants on this fund for the payment of state employee
  4 19 workers' compensation claims.
  4 20    Sec. 3.  Section 19B.5, subsection 2, Code 1995, is amended
  4 21 to read as follows:
  4 22    2.  The department of personnel shall submit a report on
  4 23 the condition of affirmative action programs in state agencies
  4 24 covered by subsection 1 by August 31 September 30 of each year
  4 25 to the department of management.
  4 26    Sec. 4.  Section 49.20, Code 1995, is amended to read as
  4 27 follows:
  4 28    49.20  COMPENSATION OF MEMBERS.
  4 29    The members of election boards shall be deemed temporary
  4 30 state county employees who are compensated by the county in
  4 31 which they serve, and shall receive compensation at a rate
  4 32 established by the county board of supervisors, which shall be
  4 33 not less than three dollars and fifty cents per hour, while
  4 34 engaged in the discharge of their duties and shall be
  4 35 reimbursed for actual and necessary travel expense, except
  5  1 that persons who have advised the commissioner prior to their
  5  2 appointment to the election board that they are willing to
  5  3 serve without pay at elections conducted for any school
  5  4 district or a city of three thousand five hundred or less
  5  5 population, shall receive no compensation for service at those
  5  6 elections.  Compensation shall be paid to members of election
  5  7 boards only after the vote has been canvassed and it has been
  5  8 determined in the course of the canvass that the election
  5  9 record certificate has been properly executed by the election
  5 10 board.
  5 11    Sec. 5.  Section 70A.1, unnumbered paragraph 1, Code 1995,
  5 12 is amended to read as follows:
  5 13    Salaries specifically provided for in an appropriation Act
  5 14 of the general assembly shall be in lieu of existing statutory
  5 15 salaries, for the positions provided for in the Act, and all
  5 16 salaries, including longevity where applicable by express
  5 17 provision in the Code, shall be paid according to the
  5 18 provisions of chapter 91A and shall be in full compensation of
  5 19 all services, including any service on committees, boards,
  5 20 commissions or similar duty for Iowa government, except for
  5 21 members of the general assembly.  A state employee on an
  5 22 annual salary shall not be paid for a pay period an amount
  5 23 which exceeds the employee's annual salary transposed into a
  5 24 rate applicable to the pay period by dividing the annual
  5 25 salary by the number of pay periods in the fiscal year.
  5 26 Salaries for state employees other than annual salaries shall
  5 27 be established on an hourly basis in accordance with
  5 28 collective bargaining agreements or department of personnel
  5 29 rules, whichever is applicable.
  5 30    Sec. 6.  Section 70A.20, Code 1995, is amended to read as
  5 31 follows:
  5 32    70A.20  EMPLOYEES DISABILITY PROGRAM.
  5 33    A state employees disability insurance program is created,
  5 34 which shall be administered by the director of the department
  5 35 of personnel and which shall provide disability benefits in an
  6  1 amount and for the employees as provided in this section.  The
  6  2 monthly disability benefits shall provide twenty percent of
  6  3 monthly earnings if employed less than one year, forty percent
  6  4 of monthly earnings if employed one year or more but less than
  6  5 two years, and sixty percent of monthly earnings thereafter,
  6  6 reduced by primary and family social security determined at
  6  7 the time social security disability payments commence,
  6  8 railroad retirement disability income, workers' compensation
  6  9 if applicable, and any other state-sponsored sickness or
  6 10 disability benefits payable.  However, the amount of benefits
  6 11 payable under the Iowa public employees' retirement system
  6 12 pursuant to chapter 97B shall not reduce the benefits payable
  6 13 pursuant to this section.  Subsequent social security or
  6 14 railroad retirement increases shall not be used to further
  6 15 reduce the insurance benefits payable.  As used in this
  6 16 section, "primary and family social security" shall not
  6 17 include social security benefits awarded to a disabled adult
  6 18 child of the disabled state employee who does not reside with
  6 19 the disabled state employee if the social security benefits
  6 20 were awarded to the disabled adult child prior to the approval
  6 21 of the state employee's benefits under this section,
  6 22 regardless of whether the United States social security
  6 23 administration records the benefits to the social security
  6 24 number of the disabled adult child, the disabled state
  6 25 employee, or any other family member, and such social security
  6 26 benefits shall not reduce the benefits payable pursuant to
  6 27 this section.  As used in this section, unless the context
  6 28 otherwise requires, "adult" means a person who is eighteen
  6 29 years of age or older.  State employees shall receive credit
  6 30 for the time they were continuously employed prior to and on
  6 31 July 1, 1974.  The following provisions apply to the employees
  6 32 disability insurance program:
  6 33    1.  Waiting period, ninety working days of continuous
  6 34 sickness or accident disability or the expiration of accrued
  6 35 sick leave, whichever is greater.
  7  1    2.  Maximum period benefits paid for both accident or
  7  2 sickness disability:
  7  3    a.  If the disability occurs prior to the time the employee
  7  4 attains the age of sixty-one years, the maximum benefit period
  7  5 shall end sixty months after continuous benefit payments begin
  7  6 or on the date on which the employee attains the age of sixty-
  7  7 five years, whichever is later.
  7  8    b.  If the disability occurs on or after the time the
  7  9 employee attains the age of sixty-one years but prior to the
  7 10 age of sixty-nine years, the maximum benefit period shall end
  7 11 sixty months after continuous benefit payments begin or on the
  7 12 date on which the employee attains the age of seventy years,
  7 13 whichever is earlier.
  7 14    c.  If the disability occurs on or after the time the
  7 15 employee attains the age of sixty-nine years, the maximum
  7 16 benefit period shall end twelve months after continuous
  7 17 benefit payments begin.
  7 18    3.  a.  Minimum and maximum benefits, not less than fifty
  7 19 dollars per month and not exceeding two thousand dollars per
  7 20 month.
  7 21    b.  In no event shall benefits exceed one hundred percent
  7 22 of the claimant's predisability covered monthly compensation.
  7 23    4.  All permanent full-time state employees shall be
  7 24 covered under the employees disability insurance program,
  7 25 except board members and members of commissions who are not
  7 26 full-time state employees, and state employees who on July 1,
  7 27 1974, are under another disability program financed in whole
  7 28 or in part by the state.  For purposes of this section,
  7 29 members of the general assembly serving on or after January 1,
  7 30 1989, are eligible for the plan during their tenure in office,
  7 31 on the basis of enrollment rules established for full-time
  7 32 state employees excluded from collective bargaining as
  7 33 provided in chapter 20.
  7 34    Sec. 7.  Section 70A.33, unnumbered paragraph 2, Code 1995,
  7 35 is amended to read as follows:
  8  1    An employee who participates in the program is not eligible
  8  2 to return to state employment as a permanent full-time
  8  3 employee shall terminate employment with state government at
  8  4 the conclusion of the agreed upon period of participation.
  8  5 Once an employee reduces the employee's hours of
  8  6 participation, that employee shall not subsequently increase
  8  7 the hours of participation.  After completing the program, a
  8  8 former employee shall not be rehired as a permanent state
  8  9 employee.
  8 10    Sec. 8.  Section 509A.12, Code 1995, is amended to read as
  8 11 follows:
  8 12    509A.12  DEFERRED COMPENSATION PROGRAM FOR GOVERNMENTAL
  8 13 EMPLOYEES.
  8 14    At the request of an employee, the governing body or the
  8 15 county board of supervisors shall by contractual agreement
  8 16 acquire an individual or group life insurance contract,
  8 17 annuity contract, interest in a mutual fund, security, or any
  8 18 other deferred payment contract for the purpose of funding a
  8 19 deferred compensation program.  The contract acquired for an
  8 20 employee, shall be in accordance with the plan document and
  8 21 from any company the employee may choose that is authorized to
  8 22 do business in this state, or through an Iowa-licensed
  8 23 salesperson that the employee selects on a group or individual
  8 24 basis.  The deferred compensation program shall be
  8 25 administered so that the director of revenue and finance or
  8 26 the director's designees remit one sum for the entire program
  8 27 according to a single billing.
  8 28    This section is in addition to any benefit program provided
  8 29 by law for employees of the state or its political
  8 30 subdivisions.  
  8 31                           EXPLANATION
  8 32    This bill contains numerous provisions pertaining to
  8 33 programs administered by the department of personnel.
  8 34    Section 1 revises the terminology pertaining to position
  8 35 classification programs.  This section also provides for
  9  1 employee appeals before the director or the director's
  9  2 designee, eliminates geographic pay differentials, requires
  9  3 budgetary approval from the department of management before
  9  4 classification or reclassification of positions that would
  9  5 cause expenditure of additional salary funds, provides for a
  9  6 public hearing before the director instead of the personnel
  9  7 commission on pay plans, and eliminates annual reviews on pay
  9  8 plans.  The section also empowers the director of the
  9  9 department of personnel, rather than the governor, to perform
  9 10 functions related to diminutions or increases in certain
  9 11 positions.
  9 12    Section 2 provides that the state employee workers'
  9 13 compensation fund pay administrative costs associated with
  9 14 state employee workers' compensation claims.
  9 15    Section 3 changes the annual deadline from August 31 to
  9 16 September 30 for the department to report on affirmative
  9 17 action programs in state government.
  9 18    Section 4 provides that members of the local election
  9 19 boards be deemed temporary county employees rather than state
  9 20 employees.
  9 21    Section 5 requires salaries for state employees other than
  9 22 annual salaries to be established in accordance with
  9 23 collective bargaining agreements or department of personnel
  9 24 rules.
  9 25    Section 6 adds the railroad retirement disability for
  9 26 offset against state disability payments and provides that
  9 27 disability income benefits shall not exceed predisability
  9 28 covered monthly compensation.
  9 29    Section 7 requires a state employee who has chosen to
  9 30 participate in a phased retirement program to cease employment
  9 31 with the state at the end of the program.  The section also is
  9 32 amended to state that an employee who completes the program
  9 33 cannot be rehired as a permanent state employee.
  9 34    Section 8 requires companies wishing to provide deferred
  9 35 compensation investment contracts to government employees to
 10  1 follow the plan document established by the governing body.
 10  2 The requirement that the program be administered so that the
 10  3 director of revenue and finance or the director's designee
 10  4 remits one sum for the entire program according to a single
 10  5 billing is eliminated.  
 10  6                      BACKGROUND STATEMENT
 10  7                     SUBMITTED BY THE AGENCY
 10  8    This bill does several things:
 10  9    1.  The bill revises the position classification programs
 10 10 to reflect modern personnel practices and terminology.
 10 11    2.  The date for publication of the annual affirmative
 10 12 action report is changed from August 31 to September 30.  This
 10 13 will allow the department additional time to analyze
 10 14 information received from the departments and to draft and
 10 15 print the report.
 10 16    3.  Provisions regarding members of election boards are
 10 17 changed so that election board members are no longer
 10 18 considered employees of the state, but would be considered
 10 19 employees of the county in which they serve.
 10 20    4.  The basis for the calculation of wages of state
 10 21 employees that are not paid an annual salary is clarified.
 10 22 The wages of most state employees are set by collective
 10 23 bargaining agreements.  The wages of exempt employees are set
 10 24 by department of personnel rules and policies.  Recent federal
 10 25 court decisions have found that an hourly wage causes an
 10 26 employee to be subject to the overtime provisions of the
 10 27 federal Fair Labor Standards Act even though the employee is a
 10 28 manager.
 10 29    5.  The phased retirement program was established so that
 10 30 permanent state employment for an individual choosing the
 10 31 phased retirement program terminates at the end of the five
 10 32 year period.  This language clarifies the original intent of
 10 33 the legislation.
 10 34    6.  The state employee disability program is clarified to
 10 35 include railroad retirement disability payments with social
 11  1 security disability payments for offset of state disability
 11  2 payments.  Total disability payments are limited to the amount
 11  3 the employee was paid prior to becoming disabled.
 11  4    7.  The deferred compensation program is clarified to
 11  5 require insurance companies to follow the plan document
 11  6 established by the governing body in compliance with federal
 11  7 regulations.  The role of the department of personnel in
 11  8 administering this program for state employees is clarified.  
 11  9 LSB 1215DP 76
 11 10 cl/cf/24.1
     

Text: SSB00122                          Text: SSB00124
Text: SSB00100 - SSB00199               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

Iowa General Assembly

Search: Senate Bills and Amendments (76th General Assembly)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? webmaster@legis.iowa.gov.

Last update: Thu Feb 8 16:38:58 CST 1996
URL: /DOCS/GA/76GA/Legislation/SSB/00100/SSB00123/950213.html
jhf