Text: H08699 Text: H08701 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 2625 as follows: 1 2 #1. Page 19, by inserting after line 6 the 1 3 following: 1 4 "DIVISION 1 5 SICK LEAVE AND VACATION INCENTIVE PROGRAM EXTENSION 1 6 Sec. . SICK LEAVE AND VACATION INCENTIVE 1 7 PROGRAM FISCAL YEAR 2002-2003. 1 8 1. As used in this section, unless the context 1 9 provides otherwise: 1 10 a. "Credited service" means service under the Iowa 1 11 public employees' retirement system, as service is 1 12 defined in section 97B.1A, and membership service 1 13 under the public safety peace officers' retirement, 1 14 accident, and disability system, as defined in section 1 15 97A.1. 1 16 b. "Eligible employee" means an employee for 1 17 which, but for participation in the program, the sum 1 18 of the number of years of credited service and the 1 19 employee's age in years as of December 31, 2003, 1 20 equals or exceeds seventy-five. 1 21 c. "Employee" means an employee of the executive 1 22 branch of the state who is not covered by a collective 1 23 bargaining agreement, including an employee of a 1 24 judicial district department of correctional services 1 25 if the district elects to participate in the program, 1 26 an employee of the state board of regents if the board 1 27 elects to participate in the program, an employee of 1 28 the judicial branch if the judicial branch elects to 1 29 participate in the program, and an employee of the 1 30 department of justice. However, "employee" does not 1 31 mean an elected official. 1 32 d. "Participant" means a person who timely submits 1 33 an election to participate, and does participate, in 1 34 the sick leave and vacation incentive program 1 35 established under this section. 1 36 e. "Program" means the sick leave and vacation 1 37 incentive program established under this section. 1 38 f. "Regular annual salary" means an amount equal 1 39 to the eligible employee's regular biweekly rate of 1 40 pay as of the date of separation from employment 1 41 multiplied by twenty-six. 1 42 g. "Sick leave and vacation incentive benefit" 1 43 means an amount equal to the entire value of an 1 44 eligible employee's accumulated but unused vacation 1 45 plus the lesser of the entire value of the eligible 1 46 employee's accumulated and unused sick leave or the 1 47 employee's regular annual salary. 1 48 2. To become a participant in the program, an 1 49 eligible employee shall do all of the following: 1 50 a. Submit by August 14, 2002, a written 2 1 application, on forms prescribed by the department of 2 2 personnel, seeking participation in the program. 2 3 b. Agree to waive any and all rights to receive 2 4 payments of sick leave balances under section 70A.23 2 5 and accrued vacation balances in a form other than as 2 6 provided in this section. 2 7 c. Agree to waive all rights to file suit against 2 8 the state of Iowa, including all of its departments, 2 9 agencies, and other subdivisions, based on state or 2 10 federal claims arising out of the employment 2 11 relationship. 2 12 d. Acknowledge, in writing, that participation in 2 13 the program waives any right to accept permanent part- 2 14 time or permanent full-time employment with the state 2 15 other than as an elected official on or after August 2 16 15, 2002. 2 17 e. Agree to separate from employment with the 2 18 state by August 15, 2002. 2 19 3. Upon acceptance to participate in the program 2 20 and separation from employment with the state by 2 21 August 15, 2002, a participant shall receive a sick 2 22 leave and vacation incentive benefit. The state shall 2 23 pay to the participant a portion of the sick leave and 2 24 vacation incentive benefit each fiscal year for a 2 25 period of five years commencing with the fiscal year 2 26 ending June 30, 2003. 2 27 4. The department of personnel shall administer 2 28 the program, including the determination of 2 29 eligibility for participation in the program, and 2 30 shall adopt administrative rules to administer the 2 31 program. The department may adopt rules on an 2 32 emergency basis under section 17A.4, subsection 2, and 2 33 section 17A.5, subsection 2, paragraph "b", to 2 34 implement this section and the rules shall be 2 35 effective immediately upon filing unless a later date 2 36 is specified in the rules. 2 37 5. The legislative council shall provide an 2 38 incentive program for employees of the legislative 2 39 branch consistent with the program provided in this 2 40 section for executive branch employees. The 2 41 legislative council shall collaborate with the 2 42 department of personnel to establish the program as 2 43 required under this subsection. The program provided 2 44 pursuant to this subsection shall establish the same 2 45 time guidelines and benefit calculations as provided 2 46 under the program for executive branch employees. 2 47 Sec. . EARLY TERMINATION PROGRAMS 2 48 MISCELLANEOUS PROVISIONS. 2 49 1. DEFINITIONS. For purposes of this section, 2 50 unless the context otherwise requires: 3 1 a. "Early termination participant" means an 3 2 eligible state employee who participates in an early 3 3 termination program. 3 4 b. "Early termination program" means a sick leave 3 5 and vacation incentive program as established or 3 6 required in this Act and the similar early termination 3 7 program established for state employees as established 3 8 pursuant to a collective bargaining agreement entered 3 9 into pursuant to chapter 20. 3 10 2. GROUP INSURANCE ELIGIBILITY. An early 3 11 termination participant shall be eligible to continue 3 12 participation in the group plan or under the group 3 13 contract at the early termination participant's own 3 14 expense in the same manner as a retired employee 3 15 pursuant to section 509A.13. In addition, an early 3 16 termination participant shall be deemed an eligible 3 17 retired state employee for purposes of eligibility for 3 18 continuation of group insurance covering spouses as 3 19 provided in section 509A.13A. 3 20 3. RELEASE OF RECORDS. Notwithstanding any 3 21 provision of chapter 22 or section 97B.17 to the 3 22 contrary, records of the department of personnel 3 23 maintained for the operation of the Iowa public 3 24 employees' retirement system may be released to the 3 25 directors, agents, and employees of the legislative 3 26 fiscal bureau, the department of revenue and finance, 3 27 the department of management, and the department of 3 28 personnel, for the purposes of administering and 3 29 monitoring an early termination program. A person 3 30 receiving a record pursuant to this subsection shall 3 31 maintain the confidentiality of any information 3 32 otherwise required to be kept confidential and shall 3 33 be subject to the same penalties as the custodian of 3 34 the records for the public dissemination of such 3 35 information. The authority to request a record as 3 36 provided pursuant to this subsection shall cease June 3 37 30, 2003. 3 38 4. REPORTING REQUIREMENTS. The department of 3 39 personnel, in collaboration with the department of 3 40 management, shall present a report by October 1, 2002, 3 41 concerning the operation of early termination programs 3 42 as provided in this Act. The reports shall be 3 43 submitted in conjunction with the reports required to 3 44 be submitted by the department of personnel pursuant 3 45 to 2001 Iowa Acts, Second Extraordinary Session, 3 46 chapter 5, section 4. The department shall also 3 47 submit an annual update concerning early termination 3 48 programs as provided in this Act by October 1 of each 3 49 year for four years, commencing October 1, 2003. The 3 50 reports shall include information concerning the 4 1 number of early termination program participants, the 4 2 cost of the early termination program including any 4 3 payments made to participants, the number of state 4 4 employment positions eliminated pursuant to an early 4 5 termination program, the number of positions vacated 4 6 by an early termination program participant that have 4 7 been refilled, and the savings to the state based upon 4 8 the early termination program. 4 9 5. SAVINGS. a. For an executive branch position 4 10 vacated by an early termination participant pursuant 4 11 to an early termination program, the savings from that 4 12 termination, as determined by the department of 4 13 management, shall offset amounts that would otherwise 4 14 be reduced from the appropriation to the executive 4 15 branch department or establishment that employed the 4 16 participant due to the implementation of a furlough 4 17 program. The moneys saved by the department or 4 18 establishment due to the termination would then be 4 19 used by the department or establishment to reduce or 4 20 end the furlough program as it would otherwise apply 4 21 to the employees of that department or establishment, 4 22 to the extent of the savings. If savings in excess of 4 23 the amounts reduced by the department of management 4 24 for the applicable executive branch department or 4 25 establishment are received, and the furlough program 4 26 for that department or establishment ceases, those 4 27 moneys shall not revert to the general fund but shall 4 28 be transferred to the applicable executive branch 4 29 department or establishment for personnel costs which 4 30 shall not be expended for personnel costs without 4 31 prior approval of the department of management. 4 32 b. For a judicial or legislative branch position 4 33 vacated by an early termination participant pursuant 4 34 to an early termination program, the savings from that 4 35 termination, as determined by the judicial or 4 36 legislative branch as applicable, shall offset amounts 4 37 that would otherwise be reduced from the appropriation 4 38 to the legislative or judicial branch that employed 4 39 the participant due to the implementation of a 4 40 furlough program. The moneys saved by the legislative 4 41 or executive branch due to the termination would then 4 42 be used by the department or establishment to reduce 4 43 or end the furlough program as it would otherwise 4 44 apply to the employees of that branch, to the extent 4 45 of the savings. 4 46 6. ACROSS-THE-BOARD WAGE INCREASE DELAY. If an 4 47 employee organization representing state employees 4 48 agrees to an across-the-board wage increase delay as 4 49 provided in this subsection and to participate in an 4 50 early termination program as provided in this Act, 5 1 then any across-the-board wage increases for employees 5 2 of the same state employer, who are not covered by a 5 3 collective bargaining agreement, which would otherwise 5 4 take effect at the beginning of the pay period in 5 5 which July 1, 2002, falls, shall be delayed until the 5 6 pay period in which November 1, 2002, falls." 5 7 #2. By renumbering as necessary. 5 8 5 9 5 10 5 11 FINCH of Story 5 12 HF 2625.204 79 5 13 ec/sh
Text: H08699 Text: H08701 Text: H08700 - H08799 Text: H Index Bills and Amendments: General Index Bill History: General Index
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