Text: HF02462                           Text: HF02464
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2463

Partial Bill History

Bill Text

PAG LIN
  1  1                                           HOUSE FILE 2463
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO THE DEPARTMENT OF PERSONNEL BY PROVIDING FOR
  1  5    THE DUTIES OF THE DEPARTMENT, THE ADMINISTRATION OF THE
  1  6    DEPARTMENT, AND BENEFITS PROVIDED STATE EMPLOYEES, AND
  1  7    PROVIDING EFFECTIVE AND RETROACTIVE APPLICABILITY DATES.
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  Section 19A.1, subsection 2, Code 1999, is
  1 12 amended to read as follows:
  1 13    2.  The department is the central agency responsible for
  1 14 state personnel management, including the following:
  1 15    a.  Policy and program development, workforce planning, and
  1 16 research.
  1 17    b.  Employment activities and transactions, including
  1 18 recruitment, testing examination, and certification of
  1 19 personnel seeking employment or promotion.
  1 20    c.  Compensation and benefits, including position
  1 21 classification, wages and salaries, and employee benefits.
  1 22 Employee benefits include, but are not limited to, group
  1 23 medical, dental, life, and long-term disability insurance,
  1 24 workers' compensation, unemployment benefits, sick leave,
  1 25 deferred compensation, holidays and vacations, tuition
  1 26 reimbursement, and educational leaves.  Employee benefits also
  1 27 include the Iowa department of public safety peace officers'
  1 28 retirement, accident, and disability system and the Iowa
  1 29 public employees' retirement system, which are maintained as
  1 30 distinct and independent systems within the department.
  1 31    d.  Equal employment opportunity, and affirmative action,
  1 32 and workforce diversity programs.
  1 33    e.  Education, and training, and workforce development
  1 34 programs.
  1 35    f.  Personnel records and administration, including the
  2  1 audit of all personnel-related documents.
  2  2    g.  Employment relations, including the negotiation and
  2  3 administration of collective bargaining agreements on behalf
  2  4 of the executive branch of the state and its departments and
  2  5 agencies as provided in chapter 20.  However, the state board
  2  6 of regents, for the purposes of implementing and administering
  2  7 collective bargaining pursuant to chapter 20, shall act as the
  2  8 exclusive representative of the state with respect to its
  2  9 faculty, scientific, and other professional staff.
  2 10    h.  The coordination and management of the state's human
  2 11 resource information system, except as otherwise required for
  2 12 those employees governed by chapter 262.
  2 13    Sec. 2.  Section 19A.1, subsection 3, Code 1999, is amended
  2 14 to read as follows:
  2 15    3.  The following part-time boards and commissions are
  2 16 within the department:
  2 17    a.  The board of trustees of the public safety peace
  2 18 officers' retirement, accident, and disability system, created
  2 19 by section 97A.5.
  2 20    b.  The investment board of the Iowa public employees'
  2 21 retirement system created by section 97B.8.
  2 22    c.  The affirmative action equal opportunity in employment
  2 23 task force created pursuant to executive order, or its
  2 24 successor.
  2 25    Sec. 3.  Section 19A.1A, subsection 1, Code Supplement
  2 26 1999, is amended to read as follows:
  2 27    1.  The chief administrative officer of the department is
  2 28 the director.  The director shall be appointed by the
  2 29 governor, subject to confirmation by the senate.  The director
  2 30 serves at the pleasure of the governor and is subject to
  2 31 reconfirmation after four years in office.  The person
  2 32 appointed shall be professionally qualified by education and
  2 33 experience in the field of public personnel administration,
  2 34 including the application of merit principles in public
  2 35 employment, and the appointment shall be made without regard
  3  1 for political affiliation.  The director shall not be a member
  3  2 of any local, state, or national committee of a political
  3  3 party, an officer or member of a committee in any partisan
  3  4 political club or organization, or hold or be a candidate for
  3  5 a paid elective public office.  The director is subject to the
  3  6 restrictions on political activity provided in section 19A.18
  3  7 for employees in the classified service.  The governor shall
  3  8 set the salary of the director within a range established by
  3  9 the general assembly.
  3 10    Sec. 4.  Section 19A.1A, subsection 3, Code Supplement
  3 11 1999, is amended to read as follows:
  3 12    3.  The director may establish by rule divisions and other
  3 13 subunits as necessary for the organization of the department.
  3 14 The director may also establish regional field service offices
  3 15 staffed by employees of the department or the executive
  3 16 departments in which they are located.  The functions and
  3 17 staffs of the regional offices are subject to policies set by
  3 18 the director of the department of personnel.
  3 19    Sec. 5.  Section 19A.2A, Code 1999, is amended to read as
  3 20 follows:
  3 21    19A.2A  PURPOSE AND APPLICABILITY OF CHAPTER.
  3 22    The general purpose of this chapter is to establish for the
  3 23 state of Iowa a system of personnel administration based on
  3 24 merit principles and scientific methods to govern the
  3 25 appointment, compensation, promotion, welfare, development,
  3 26 transfer, layoff, removal, and discipline of its civil
  3 27 employees, and other incidents of state employment.  It is
  3 28 also the purpose of this chapter to promote the coordination
  3 29 of personnel rules and policies with collective bargaining
  3 30 agreements negotiated under chapter 20.
  3 31    All appointments and promotions to positions in covered by
  3 32 the state merit system shall be made solely on the basis of
  3 33 merit and fitness, to be ascertained by competitive
  3 34 examinations or other appropriate screening methods, except as
  3 35 otherwise specified in this chapter.
  4  1    Provisions of this chapter pertaining to qualifications,
  4  2 examination, competitive appointment certification, probation,
  4  3 and just cause hearings apply only to employees covered by the
  4  4 merit system.
  4  5    Sec. 6.  Section 19A.3, subsections 5, 8, 10, 15, and 20,
  4  6 Code 1999, are amended to read as follows:
  4  7    5.  All presidents, deans, directors, teachers,
  4  8 professional and scientific personnel, and student employees
  4  9 under the jurisdiction of the state board of regents.  The
  4 10 state board of regents shall adopt rules not inconsistent with
  4 11 the objectives of this chapter for all of its employees not
  4 12 cited specifically in this subsection.  The rules are subject
  4 13 to approval by the director of the department of personnel.
  4 14 If at any time the director determines that the board of
  4 15 regents merit system does rules do not comply with the intent
  4 16 of this chapter, the director may direct the board to correct
  4 17 the rules.  The rules of the board are not in compliance until
  4 18 the corrections are made.
  4 19    8.  Part-time persons Persons who are paid a fee on a
  4 20 contract-for-services basis.
  4 21    10.  Residents, patients, or inmates working in state
  4 22 institutions, or persons on parole working in work experience
  4 23 programs for a period no longer than one year.
  4 24    15.  The chief deputy administrative officer and each
  4 25 division head administrator of each executive department not
  4 26 otherwise specifically provided for in this section, and
  4 27 physicians not otherwise specifically provided for in this
  4 28 section.  As used in this subsection, "division head
  4 29 administrator" means a principal administrative or
  4 30 policymaking position designated by a chief administrative
  4 31 officer and approved by the department of personnel director
  4 32 or as specified by law.
  4 33    20.  The superintendent of savings and loan associations
  4 34 and all employees of the savings and loan division of the
  4 35 department of commerce.
  5  1    Sec. 7.  Section 19A.3, unnumbered paragraph 2, Code 1999,
  5  2 is amended to read as follows:
  5  3    The director of the department of personnel shall negotiate
  5  4 an agreement with the director of the department for the blind
  5  5 concerning the applicability of the merit system to the
  5  6 professional employees of the department for the blind.
  5  7    Sec. 8.  Section 19A.8, subsection 2, Code Supplement 1999,
  5  8 is amended to read as follows:
  5  9    2.  To establish and maintain a roster list of all
  5 10 employees in the executive branch of state government,
  5 11 excluding employees of the state board of regents, in which
  5 12 there shall be set forth, as to each employee, the class
  5 13 title, pay, or status, and other pertinent data.  For
  5 14 employees governed by chapter 262, the director shall work
  5 15 collaboratively with the state board of regents to collect
  5 16 such information.
  5 17    Sec. 9.  Section 19A.8, subsection 6, Code Supplement 1999,
  5 18 is amended to read as follows:
  5 19    6.  To investigate the operation and effect of this chapter
  5 20 and of the rules made under it and to report semiannually
  5 21 annually the director's findings and recommendations to the
  5 22 governor.
  5 23    Sec. 10.  Section 19A.8, Code Supplement 1999, is amended
  5 24 by adding the following new unnumbered paragraph following
  5 25 unnumbered paragraph 2:
  5 26    NEW UNNUMBERED PARAGRAPH.  The director may delegate any or
  5 27 all aspects of the recruitment, examination, and selection
  5 28 processes to an agency in the executive branch upon request by
  5 29 that agency.  The director shall oversee all activities
  5 30 delegated to that agency.
  5 31    Sec. 11.  Section 19A.8, unnumbered paragraph 3, Code
  5 32 Supplement 1999, is amended to read as follows:
  5 33    The director shall utilize appropriate persons, including
  5 34 officers and employees in the executive branch of state
  5 35 government, to assist in the preparation and rating of tests
  6  1 recruitment and examination of applicants for employment.  The
  6  2 director shall confer with agency personnel to assist in
  6  3 preparing examinations for professional and technical classes.
  6  4 An appointing authority may excuse any employee under the
  6  5 appointing authority's jurisdiction from the employee's
  6  6 regular duties for the time required for work as an examiner.
  6  7 These officers and employees are not entitled to extra pay for
  6  8 their services, as examiners but shall be paid their necessary
  6  9 traveling and other expenses.
  6 10    Sec. 12.  Section 19A.9, subsections 1, 3, 4, 5, 6, 7, 8,
  6 11 9, 10, 11, 12, 13, 14, and 23, Code Supplement 1999, are
  6 12 amended to read as follows:
  6 13    1.  For the preparation, maintenance, and revision of a job
  6 14 classification plan that encompasses each job in the executive
  6 15 branch, excluding job classifications under the state board of
  6 16 regents, based upon assigned duties and responsibilities, so
  6 17 that the same general qualifications may reasonably be
  6 18 required for and the same pay plan may be equitably applied to
  6 19 all jobs in the same job classification.  The director shall
  6 20 classify the position of every employee in the executive
  6 21 branch, excluding employees of the state board of regents,
  6 22 into one of the classes in the plan.  An appointing authority
  6 23 or employee adversely affected by a job classification or
  6 24 reclassification decision may file an appeal with the
  6 25 director.  Appeals of a classification or reclassification
  6 26 decision shall be exempt from the provisions of section 17A.11
  6 27 and shall be heard by a committee appointed by the director.
  6 28 The classification or reclassification of a position that
  6 29 would cause the expenditure of additional salary funds shall
  6 30 not become effective if the expenditure of funds would be in
  6 31 excess of the total amount budgeted for the department of the
  6 32 appointing authority until budgetary approval has been
  6 33 obtained from the director of the department of management.
  6 34    When the public interest requires a diminution decrease or
  6 35 increase of employees in any position or type of employment
  7  1 not otherwise provided by law, or the creation or abolishment
  7  2 of any position or type of employment, the director, acting in
  7  3 good faith, shall so notify the governor.  Thereafter, the
  7  4 position or type of employment shall stand abolished or
  7  5 created and the number of employees therein reduced or
  7  6 increased.
  7  7    3.  For open competitive examinations to test determine the
  7  8 relative fitness of new applicants for the respective
  7  9 positions employment.  Such examinations shall be practical in
  7 10 character and shall relate to such matters as will fairly test
  7 11 assess the ability of the applicant to discharge the duties of
  7 12 the position to which appointment is sought.
  7 13    Where the Code of Iowa establishes certification,
  7 14 registration, and or licensing provisions, such documents
  7 15 shall be considered prima facie evidence of basic skills
  7 16 accomplishment and such persons shall be exempt from further
  7 17 basic skills testing examination.
  7 18    Examinations need not be held until after the rules have
  7 19 been adopted, the service classified, and a pay plan
  7 20 established, but shall be held no later than one year after
  7 21 September 1, 1967.  Such examinations Vacancies shall be
  7 22 announced publicly at least fifteen days in advance of the
  7 23 date fixed for the filing of applications therefor, and shall
  7 24 be advertised through the communications media.  The director
  7 25 may, however, in the director's discretion, continue to
  7 26 receive applications and examine candidates for a period
  7 27 adequate to assure a sufficient number of eligibles to meet
  7 28 the needs of the system, and may add the names of successful
  7 29 candidates to existing eligible lists in accordance with their
  7 30 respective ratings.
  7 31    4.  For promotions which shall give appropriate
  7 32 consideration to the applicant's qualifications, record of
  7 33 performance, and conduct.  Vacancies shall be filled by
  7 34 promotion whenever practicable and in the best interest of the
  7 35 system and shall be by competitive or noncompetitive
  8  1 examination.  Such examinations shall be of the same nature
  8  2 and content as those used in establishing competitive
  8  3 registers for the class.  A promotion means a change in the
  8  4 status of an employee, from a position in one class to a
  8  5 position in another class having a higher entrance salary pay
  8  6 grade.
  8  7    5.  For the establishment of eligible lists for appointment
  8  8 and promotion, upon which lists shall be placed the names of
  8  9 successful candidates in the order of their relative
  8 10 excellence in the respective examinations.  Eligibility for
  8 11 appointment from any such list shall continue for at least one
  8 12 year and not longer than three years.
  8 13    6.  For the rejection of candidates or eligibles applicants
  8 14 who fail to comply with meet reasonable requirements such as
  8 15 physical condition, training and experience, or who are
  8 16 habitual criminals or alcoholics who have not been
  8 17 rehabilitated from the use of alcohol for a period of six
  8 18 months, or addicted to narcotics, or who have attempted any
  8 19 deception or fraud in connection with an examination.
  8 20    7.  For the appointment by the appointing authority of a
  8 21 person standing among the highest six scores on the
  8 22 appropriate eligible list to fill a vacancy.
  8 23    8.  For a probation period of six months, excluding
  8 24 educational or training leave, before appointment may be made
  8 25 complete, and during which period a probationer may be
  8 26 discharged or reduced in class or rank, or replaced on the
  8 27 eligible list pay.  The appointing authority shall within ten
  8 28 days prior to the expiration of an employee's probation period
  8 29 notify the director in writing whether the services of the
  8 30 employee have been satisfactory or unsatisfactory.  If the
  8 31 employee's services are unsatisfactory, the employee shall be
  8 32 dropped from the payroll on or before the expiration of the
  8 33 probation period.  If satisfactory, the appointment shall be
  8 34 deemed permanent.  The determination of the appointing
  8 35 authority shall be final and conclusive.
  9  1    9.  For emergency employment for not more than sixty
  9  2 calendar days in any twelve-month period without examination,
  9  3 and for intermittent temporary employment for not more than
  9  4 one seven hundred twenty calendar days eighty hours in any
  9  5 twelve-month period a fiscal year.  For intermittent
  9  6 employment the employee must have had a probationary,
  9  7 permanent, or temporary appointment.
  9  8    10.  For provisional employment without competitive
  9  9 examination when there is no appropriate eligible list
  9 10 available.  No such Such provisional employment shall not
  9 11 continue longer than one hundred eighty calendar days nor
  9 12 shall successive provisional appointments be allowed, except
  9 13 during the first two years after September 1, 1967, in order
  9 14 to avoid stoppage of orderly conduct of the business of the
  9 15 state.
  9 16    11.  For transfer from a position in one department to a
  9 17 similar position in the same department or another department
  9 18 involving similar qualifications, duties, responsibilities,
  9 19 and salary ranges.  Whenever an employee transfers or is
  9 20 transferred from one state department or agency to another
  9 21 state department or agency, the employee's seniority rights,
  9 22 any accumulated sick leave, and accumulated vacation time, as
  9 23 provided in the law, shall be transferred to the new place of
  9 24 employment and credited to the employee.  Employees who are
  9 25 subject to contracts negotiated under chapter 20 which include
  9 26 transfer provisions shall be governed by the contract
  9 27 provisions.
  9 28    12.  For reinstatement of persons who have attained
  9 29 permanent status and who resign in good standing or who are
  9 30 laid off from their positions without fault or delinquency on
  9 31 their part, within a period equal to the period of their
  9 32 continuous employment with the state but for a period of not
  9 33 longer than two years.
  9 34    13.  For establishing in cooperation with the appointing
  9 35 authorities a performance management system of service records
 10  1 of for all employees in the executive branch of state
 10  2 government, excluding employees of the state board of regents,
 10  3 which service records shall be considered in determining
 10  4 salary increases provided in the pay plan; as a factor in
 10  5 promotion tests promotions; as a factor in determining the
 10  6 order of layoffs because of lack of funds or work and in
 10  7 reinstatement; as a factor in demotions, discharges, or and
 10  8 transfers; and for the regular evaluation, at least annually,
 10  9 of the qualifications and performance of those employees.
 10 10    14.  For layoffs by reason of lack of funds or work, or
 10 11 organization reorganization, and for the recall of employees
 10 12 so laid off, giving primary consideration in layoffs to the
 10 13 employee's performance record and secondary consideration to
 10 14 the length of service.  An employee who has been laid off may
 10 15 be on a recall list for one year, which list shall be
 10 16 exhausted by the agency organizational unit enforcing the
 10 17 layoff before selection of an employee may be made from the
 10 18 promotional or nonpromotional list of eligibles in the
 10 19 employee's classification.  Employees who are subject to
 10 20 contracts negotiated under chapter 20 which include layoff and
 10 21 recall provisions shall be governed by the contract
 10 22 provisions.
 10 23    23.  For the establishment of work test appointments to job
 10 24 classifications such as laborers, attendants, aides, food
 10 25 service workers, laundry workers, custodial workers, or
 10 26 similar types of employment when the character of the work
 10 27 makes it impracticable to effectively supply the needs of the
 10 28 departments by written or other type of competitive
 10 29 examination.  If this subsection conflicts with any other
 10 30 provisions of this chapter, the provisions of this subsection
 10 31 govern the positions to which it applies.  All persons
 10 32 appointed to the positions specified in this subsection shall
 10 33 serve a probationary period in accordance with this chapter,
 10 34 may acquire permanent status, and are subject to the same
 10 35 rules as other employees.  Such persons shall be required to
 11  1 pass promotional examinations as prescribed by this chapter
 11  2 and the rules adopted by the director before they may be
 11  3 promoted to a higher classification.
 11  4    Sec. 13.  NEW SECTION.  19A.12D  IOWA STATE EMPLOYEE
 11  5 DEFERRED COMPENSATION MATCH TRUST FUND.
 11  6    1.  There is created in the office of the treasurer of
 11  7 state a special fund, separate and apart from all other public
 11  8 moneys or funds of this state, to be known as the Iowa state
 11  9 employee deferred compensation match trust fund, hereafter
 11 10 called the "fund".  The fund shall consist of all moneys
 11 11 deposited in the fund, and other assets that must be held in
 11 12 trust for the exclusive benefit of participants in the state's
 11 13 deferred compensation match program as required by section
 11 14 401(a) of the federal Internal Revenue Code, and interest and
 11 15 earnings thereon, and shall be used for the exclusive benefit
 11 16 of participants and their beneficiaries in a deferred
 11 17 compensation match program established by the state under
 11 18 section 509A.12.
 11 19    2.  The director is the trustee of the fund and shall
 11 20 administer the fund.  Any loss to the fund shall be charged
 11 21 against the trust and the director shall not be personally
 11 22 liable for such loss.
 11 23    3.  Moneys in the fund are not subject to section 8.33.
 11 24 Notwithstanding section 12C.7, subsection 2, interest or
 11 25 earnings on moneys in the fund shall be credited to the fund.
 11 26    Sec. 14.  NEW SECTION.  19A.12E  STATE EMPLOYEE DEPENDENT
 11 27 CARE SPENDING ACCOUNT TRUST FUND.
 11 28    1.  There is created in the state treasury a special trust
 11 29 fund known as the Iowa state employee dependent care spending
 11 30 account trust fund.  The trust fund consists of all moneys,
 11 31 including monthly administrative charges paid by a state
 11 32 department or agency as authorized by section 19A.8, held in
 11 33 trust for the exclusive benefit of participants in the state's
 11 34 dependent care spending account plan.  Moneys in the fund are
 11 35 not subject to section 8.33.  Notwithstanding section 12C.7,
 12  1 interest and earnings from moneys in the trust fund shall be
 12  2 credited to the trust fund and shall be used exclusively for
 12  3 the benefit of plan participants.
 12  4    2.  The director shall serve as trustee of the trust fund
 12  5 and shall administer the fund as required by sections 125 and
 12  6 129 of the federal Internal Revenue Code.  Any loss to the
 12  7 fund shall be charged against the fund and the director shall
 12  8 not be personally liable for such loss.  The director has the
 12  9 authority to direct expenditures as deemed appropriate to the
 12 10 exclusive benefit of the plan participants.
 12 11    Sec. 15.  Section 19A.13, unnumbered paragraphs 1 and 2,
 12 12 Code 1999, are amended to read as follows:
 12 13    A state disbursing or auditing officer shall not make or
 12 14 approve or take part in making or approving a payment for
 12 15 personal service personnel services to any person unless the
 12 16 payroll voucher or account of the pay bears the certification
 12 17 of the director, or of the director's authorized agent, that
 12 18 the persons named have been appointed and employed in
 12 19 accordance with this chapter and the rules and orders under
 12 20 it, and that funds are available for the payment of the
 12 21 persons.
 12 22    The director may, for proper cause, withhold certification
 12 23 from an entire payroll or from any specific item or items
 12 24 thereon.  The director may, however, provide that
 12 25 certification of payrolls may be made once every six months
 12 26 year, and such certification shall remain in effect except in
 12 27 the case of any officer or employee whose status has changed
 12 28 after the last certification of the officer's or employee's
 12 29 payroll.  In the latter case no voucher for payment of salary
 12 30 to such employee shall be issued or payment of salary made
 12 31 without further certification by the director.
 12 32    Sec. 16.  Section 19A.15, unnumbered paragraph 2, Code
 12 33 1999, is amended to read as follows:
 12 34    Any applicant for a position subject to the provisions of
 12 35 this chapter shall be permitted to review, in accordance with
 13  1 such rules as the director may prescribe, any test, grade, or
 13  2 evaluation resulting from the application for employment.
 13  3    Sec. 17.  Section 19A.16, Code 1999, is amended to read as
 13  4 follows:
 13  5    19A.16  SERVICES TO POLITICAL SUBDIVISIONS.
 13  6    The director may enter into agreements with any
 13  7 municipality or political subdivision of the state to furnish
 13  8 services and facilities of the agency to the municipality or
 13  9 political subdivision.  The agreement shall provide for the
 13 10 reimbursement to the state department of the reasonable cost
 13 11 of the services and facilities furnished.  All municipalities
 13 12 and political subdivisions of the state are authorized to
 13 13 enter into such agreements.
 13 14    Nothing in this chapter shall affect any municipal civil
 13 15 service programs presently established under and pursuant to
 13 16 chapter 400.
 13 17    Sec. 18.  Section 19A.19, unnumbered paragraph 1, Code
 13 18 1999, is amended to read as follows:
 13 19    No A person shall not make any false statement,
 13 20 certificate, mark, rating, or report with regard to any test,
 13 21 certification, examination or appointment made under any
 13 22 provision of this chapter or in any manner commit or attempt
 13 23 to commit any fraud preventing the impartial execution of this
 13 24 chapter and the rules hereunder adopted pursuant to this
 13 25 chapter.
 13 26    Sec. 19.  Section 19A.19, unnumbered paragraph 3, Code
 13 27 1999, is amended to read as follows:
 13 28    No An employee of the department, examiner, or any other
 13 29 person shall not defeat, deceive, or obstruct any person in
 13 30 the person's right to examination, eligibility certification,
 13 31 or appointment under this chapter, or furnish to any person
 13 32 any special or secret information for the purpose of affecting
 13 33 the rights or prospects of any person with respect to
 13 34 employment in the merit system.
 13 35    Sec. 20.  Section 19A.35, subsection 2, Code Supplement
 14  1 1999, is amended to read as follows:
 14  2    2.  There is created in the state treasury a special trust
 14  3 fund known as the Iowa state employee health flexible spending
 14  4 account trust fund.  The trust fund consists of all moneys
 14  5 appropriated to the fund, all monthly administrative charges
 14  6 paid by a state department or agency as authorized by section
 14  7 19A.8, and any other assets directed to be held in trust for
 14  8 the exclusive benefit of participants in the state's health
 14  9 flexible spending account plan.  Notwithstanding section
 14 10 12C.7, interest and earnings from moneys in the trust fund
 14 11 shall be credited to the trust fund and shall be used
 14 12 exclusively for the benefit of plan participants.
 14 13    Sec. 21.  Section 70A.16, subsection 1, Code 1999, is
 14 14 amended to read as follows:
 14 15    1.  If approved by the appointing authority, a person who
 14 16 interviews for employment by the state shall be reimbursed for
 14 17 expenses incurred in the interview at the same rate at which a
 14 18 state employee is reimbursed for expenses incurred during the
 14 19 performance of state business.
 14 20    Sec. 22.  Section 70A.25, subsection 1, paragraph a, Code
 14 21 1999, is amended to read as follows:
 14 22    a.  "Educational assistance" means reimbursement for
 14 23 tuition, fees, books or other expenses incurred by a state
 14 24 employee in taking coursework at an educational institution or
 14 25 attending a workshop, seminar, or conference without a
 14 26 reduction in ordinary job responsibilities and that the
 14 27 appointing authority determines contributes to the growth and
 14 28 development of the employee in the employee's present position
 14 29 or in a position to which the employee may reasonably be
 14 30 assigned.
 14 31    Sec. 23.  Section 70A.25, subsection 1, paragraph c, Code
 14 32 1999, is amended to read as follows:
 14 33    c.  "Educational leave and educational assistance" do not
 14 34 apply to job training, and employee development programs, and
 14 35 or departmental seminars that are conducted or sponsored by a
 15  1 state agency for the exclusive benefit of employees of that
 15  2 state agency.
 15  3    Sec. 24.  Section 70A.25, subsection 2, unnumbered
 15  4 paragraph 1, Code 1999, is amended to read as follows:
 15  5    The purpose of educational leave with full or partial pay
 15  6 and educational assistance is to assist state employees to
 15  7 develop skills that will improve their ability to perform
 15  8 their present state job responsibilities or in the case of
 15  9 educational leave to also provide training and educational
 15 10 opportunities for employees of a state agency that will enable
 15 11 the agency director to better meet the staffing needs of the
 15 12 state agency.
 15 13    Sec. 25.  Section 70A.31, Code 1999, is amended to read as
 15 14 follows:
 15 15    70A.31  ELIGIBILITY.
 15 16    The phased retirement incentive program requires that
 15 17 participants agree to work a maximum of thirty-two hours per
 15 18 week and a minimum of twenty hours per week for the first four
 15 19 years after entering the program.  After the fourth year of
 15 20 participation in the program, participants shall agree to work
 15 21 a maximum of twenty hours per week.  Participants shall agree
 15 22 to retire from state government employment effective on no
 15 23 later than the last day of their fifth year of participation
 15 24 in the program.
 15 25    Sec. 26.  IOWA PUBLIC EMPLOYEES' RETIREMENT SYSTEM –
 15 26 EMPLOYEE WAGES.
 15 27    1.  Notwithstanding section 97B.1A, subsection 26,
 15 28 paragraph "a", subparagraph (2), subparagraph subdivision (d),
 15 29 as enacted in 2000 Iowa Acts, Senate File 2411, "wages" as
 15 30 defined in section 97B.1A, subsection 26, for an eligible
 15 31 employee of an eligible employer shall include allowable
 15 32 employer-paid contributions which are uniformly applied by
 15 33 each eligible employer to all of the employer's eligible
 15 34 employees and are not limited to highly compensated employees
 15 35 as defined in section 414(q) of the Internal Revenue Code.
 16  1    2.  For purposes of this section:
 16  2    a.  "Allowable employer-paid contributions" means employer-
 16  3 paid contributions that cannot be received by the employee in
 16  4 cash and that are made to plans, programs, or arrangements
 16  5 qualified under section 125 of the Internal Revenue Code.
 16  6    b.  "Eligible employee" means an employee of an eligible
 16  7 employer who is covered under chapter 97B and was employed by
 16  8 the eligible employer prior to July 1, 2000.
 16  9    c.  "Eligible employer" means an employer covered by
 16 10 chapter 97B who meets all of the following requirements:
 16 11    (1)  The employer included allowable employer-paid
 16 12 contributions in employees' wages continuously from January 1,
 16 13 1997, through January 1, 2000.
 16 14    (2)  The employer includes allowable employer-paid
 16 15 contributions in employees' wages for all eligible employees
 16 16 of the employer on and after July 1, 2000.
 16 17    3.  An eligible employer may file a written election with
 16 18 the department of personnel to exclude allowable employer-paid
 16 19 contributions from wages of every eligible employee of the
 16 20 employer and shall cease being an eligible employer for
 16 21 purposes of this section upon filing the election.  An
 16 22 election by an eligible employer to exclude allowable
 16 23 employer-paid contributions is irrevocable and no retroactive
 16 24 wage adjustment shall be permitted for eligible employees
 16 25 following the election.  An eligible employee shall not be
 16 26 permitted to file a written election to exclude allowable
 16 27 employer-paid contributions from that eligible employee's
 16 28 wages.
 16 29    Sec. 27.  EFFECTIVE DATE – RETROACTIVE APPLICABILITY.
 16 30    1.  The amendment to section 19A.9, subsection 12, in
 16 31 section 12 of this Act, being deemed of immediate importance,
 16 32 takes effect upon enactment and is retroactively applicable to
 16 33 January 1, 2000, and is applicable on and after that date.
 16 34    2.  Section 14 of this Act, creating new section 19A.12E,
 16 35 being deemed of immediate importance, takes effect upon
 17  1 enactment and is retroactively applicable to January 1, 2000,
 17  2 and is applicable on and after that date.  
 17  3 
 17  4 
 17  5                                                             
 17  6                               BRENT SIEGRIST
 17  7                               Speaker of the House
 17  8 
 17  9 
 17 10                                                             
 17 11                               MARY E. KRAMER
 17 12                               President of the Senate
 17 13 
 17 14    I hereby certify that this bill originated in the House and
 17 15 is known as House File 2463, Seventy-eighth General Assembly.
 17 16 
 17 17 
 17 18                                                             
 17 19                               ELIZABETH ISAACSON
 17 20                               Chief Clerk of the House
 17 21 Approved                , 2000
 17 22 
 17 23 
 17 24                            
 17 25 THOMAS J. VILSACK
 17 26 Governor
     
Text: HF02462                           Text: HF02464
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index

© 2000 Cornell College and League of Women Voters of Iowa

Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Mon Aug 28 13:36:55 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02400/HF02463/000411.html
jhf