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
© 2002 Cornell College and League of Women Voters of Iowa
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