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PAG LIN
1 1 SENATE FILE 551
1 2
1 3 AN ACT
1 4 RELATING TO STATE GOVERNMENT EMPLOYMENT BY PROVIDING TERMINATION
1 5 INCENTIVE PROGRAMS FOR ELIGIBLE STATE EMPLOYEES, ABOLISHING
1 6 THE WORKFORCE ATTRITION PROGRAM AND FUND, CREATING INITIATIVES
1 7 TO INCREASE THE RATIO OF STATE EMPLOYEES PER SUPERVISOR AND
1 8 TO EVALUATE THE STATE'S JOB CLASSIFICATION SYSTEM, AND
1 9 PROVIDING EFFECTIVE DATES.
1 10
1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 12
1 13 Section 1. NEW SECTION. 70A.38 YEARS OF SERVICE
1 14 INCENTIVE PROGRAM.
1 15 1. As used in this section, unless the context provides
1 16 otherwise:
1 17 a. "Credited service" means service under the Iowa public
1 18 employees' retirement system, as service is defined in section
1 19 97B.1A, and membership service under the public safety peace
1 20 officers' retirement, accident, and disability system, as
1 21 defined in section 97A.1.
1 22 b. "Eligible employee" means an employee with ten or more
1 23 years of credited service as of the date of termination from
1 24 employment.
1 25 c. "Employee" means an employee of the executive branch of
1 26 the state, including an employee of a judicial district
1 27 department of correctional services or the department of
1 28 justice. However, "employee" does not mean an employee of the
1 29 state board of regents, or an elected official.
1 30 d. "Employer" means a department, agency, board, or
1 31 commission within the executive branch of the state that
1 32 employs employees.
1 33 e. "Participant" means an eligible employee who has been
1 34 selected for participation in the years of service incentive
1 35 program, who agrees to such participation, who is approved for
2 1 participation, and who receives a termination incentive as
2 2 provided by this section.
2 3 f. "Program" means the years of service incentive program
2 4 established pursuant to this section.
2 5 g. "Regular annual salary" means an amount equal to the
2 6 eligible employee's regular biweekly rate of pay as of the
2 7 date of separation from employment multiplied by twenty-six.
2 8 h. "Termination incentive" means an amount equal to the
2 9 lesser of two hundred fifty dollars for every quarter year of
2 10 credited service of the eligible employee or the regular
2 11 annual salary of the eligible employee.
2 12 2. An employer may offer a termination incentive to an
2 13 eligible employee or eligible employees if the employer
2 14 demonstrates that such an offer will assist the employer in
2 15 effectively managing its resources. Prior to making the
2 16 offer, the employer shall obtain approval to offer the program
2 17 from the department of personnel. As part of the approval
2 18 process, the employer shall submit a business plan to the
2 19 department of personnel which shall be reviewed and approved
2 20 by the department of management. The business plan shall show
2 21 the savings that will accrue to the state as a result of the
2 22 employee's or employees' participation in the program.
2 23 3. Upon obtaining approval from the department of
2 24 personnel to offer the program, the employer shall inform each
2 25 eligible employee in writing of the employee's opportunity to
2 26 participate in the program. The written notice to the
2 27 eligible employee shall provide a time deadline for acceptance
2 28 of an offer, a proposed date by which the eligible employee
2 29 who wishes to accept an offer would have to agree to terminate
2 30 employment with the state, and other relevant information
2 31 concerning the employee's rights relating to an offer,
2 32 including the voluntary nature of an offer to the eligible
2 33 employee as well as the consequences to the employee of
2 34 accepting an offer.
2 35 4. To become a participant in the program, an eligible
3 1 employee who receives an offer to participate in the program
3 2 shall do all of the following:
3 3 a. Acknowledge in writing the employee's agreement to
3 4 voluntarily terminate employment in exchange for payment of a
3 5 termination incentive as provided in this section.
3 6 b. Agree to waive all rights to file suit against the
3 7 state of Iowa, including all of its departments, agencies, and
3 8 other subdivisions, based on state or federal claims arising
3 9 out of the employment relationship.
3 10 c. Acknowledge, in writing, that participation in the
3 11 program waives any right to accept permanent part-time or
3 12 permanent full-time employment with the state other than as an
3 13 elected official or as an employee of the state board of
3 14 regents.
3 15 d. Agree to separate from employment with the state by the
3 16 date agreed upon by the eligible employee and the employer
3 17 which date is consistent with the business plan submitted by
3 18 the employer.
3 19 5. Upon acceptance to participate in the program and
3 20 separation from employment with the state by the date agreed
3 21 upon, the participant shall be paid a termination incentive.
3 22 The state shall pay to the participant, in a lump sum, the
3 23 termination incentive and any other payments due the
3 24 participant, if any, for accrued sick leave and vacation leave
3 25 balances.
3 26 6. The department of personnel shall administer the
3 27 program and shall adopt administrative rules to administer the
3 28 program.
3 29 7. The legislative council shall provide a years of
3 30 service incentive program for employees of the legislative
3 31 branch consistent with the program provided in this section
3 32 for executive branch employees. The benefit provided for
3 33 employees under this subsection shall be no greater than that
3 34 provided for executive branch employees.
3 35 8. This section is repealed June 30, 2003.
4 1 Sec. 2. 2001 Iowa Acts, First Extraordinary Session,
4 2 chapter 5, section 2, is repealed.
4 3 Sec. 3. SICK LEAVE AND VACATION INCENTIVE PROGRAM.
4 4 1. As used in this section, unless the context provides
4 5 otherwise:
4 6 a. "Credited service" means service under the Iowa public
4 7 employees' retirement system, as service is defined in section
4 8 97B.1A, and membership service under the public safety peace
4 9 officers' retirement, accident, and disability system, as
4 10 defined in section 97A.1.
4 11 b. "Eligible employee" means an employee for which, but
4 12 for participation in the program, the sum of the number of
4 13 years of credited service and the employee's age in years as
4 14 of December 31, 2002, equals or exceeds seventy-five.
4 15 c. "Employee" means an employee of the executive branch of
4 16 the state who is not covered by a collective bargaining
4 17 agreement, including an employee of a judicial district
4 18 department of correctional services if the district elects to
4 19 participate in the program, an employee of the state board of
4 20 regents if the board elects to participate in the program, and
4 21 an employee of the department of justice. However, "employee"
4 22 does not mean an elected official.
4 23 d. "Participant" means a person who timely submits an
4 24 election to participate, and does participate, in the sick
4 25 leave and vacation incentive program established under this
4 26 section.
4 27 e. "Program" means the sick leave and vacation incentive
4 28 program established under this section.
4 29 f. "Regular annual salary" means an amount equal to the
4 30 eligible employee's regular biweekly rate of pay as of the
4 31 date of separation from employment multiplied by twenty-six.
4 32 g. "Sick leave and vacation incentive benefit" means an
4 33 amount equal to the entire value of an eligible employee's
4 34 accumulated but unused vacation plus the lesser of the entire
4 35 value of the eligible employee's accumulated and unused sick
5 1 leave or the employee's regular annual salary.
5 2 2. To become a participant in the program, an eligible
5 3 employee shall do all of the following:
5 4 a. Submit by January 31, 2002, a written application, on
5 5 forms prescribed by the department of personnel, seeking
5 6 participation in the program.
5 7 b. Agree to waive any and all rights to receive payments
5 8 of sick leave balances under section 70A.23 and accrued
5 9 vacation balances in a form other than as provided in this
5 10 section.
5 11 c. Agree to waive all rights to file suit against the
5 12 state of Iowa, including all of its departments, agencies, and
5 13 other subdivisions, based on state or federal claims arising
5 14 out of the employment relationship.
5 15 d. Acknowledge, in writing, that participation in the
5 16 program waives any right to accept permanent part-time or
5 17 permanent full-time employment with the state other than as an
5 18 elected official on or after February 1, 2002.
5 19 e. Agree to separate from employment with the state by
5 20 February 1, 2002.
5 21 3. Upon acceptance to participate in the program and
5 22 separation from employment with the state by February 1, 2002,
5 23 a participant shall receive a sick leave and vacation
5 24 incentive benefit. The state shall pay to the participant a
5 25 portion of the sick leave and vacation incentive benefit each
5 26 fiscal year for a period of five years commencing with the
5 27 fiscal year ending June 30, 2002.
5 28 4. The department of personnel shall administer the
5 29 program, including the determination of eligibility for
5 30 participation in the program, and shall adopt administrative
5 31 rules to administer the program. The department may adopt
5 32 rules on an emergency basis under section 17A.4, subsection 2,
5 33 and section 17A.5, subsection 2, paragraph "b", to implement
5 34 this section and the rules shall be effective immediately upon
5 35 filing unless a later date is specified in the rules.
6 1 5. The legislative council shall provide an incentive
6 2 program for employees of the legislative branch consistent
6 3 with the program provided in this section for executive branch
6 4 employees. The legislative council shall collaborate with the
6 5 department of personnel to establish the program as required
6 6 under this subsection as nearly as identical as possible to
6 7 the program provided executive branch employees under this
6 8 section. The program provided pursuant to this subsection
6 9 shall establish the same time guidelines and benefit
6 10 calculations as provided under the program for executive
6 11 branch employees.
6 12 Sec. 4. EARLY TERMINATION PROGRAMS – MISCELLANEOUS
6 13 PROVISIONS.
6 14 1. DEFINITIONS. For purposes of this section, unless the
6 15 context otherwise requires:
6 16 a. "Early termination participant" means an eligible state
6 17 employee who participates in an early termination program.
6 18 b. "Early termination program" means a sick leave and
6 19 vacation incentive program as established or required in this
6 20 Act and the similar early termination program established for
6 21 state employees as established pursuant to a collective
6 22 bargaining agreement entered into pursuant to chapter 20.
6 23 2. GROUP INSURANCE ELIGIBILITY. An early termination
6 24 participant shall be eligible to continue participation in the
6 25 group plan or under the group contract at the early
6 26 termination participant's own expense in the same manner as a
6 27 retired employee pursuant to section 509A.13. In addition, an
6 28 early termination participant shall be deemed an eligible
6 29 retired state employee for purposes of eligibility for
6 30 continuation of group insurance covering spouses as provided
6 31 in section 509A.13A.
6 32 3. RELEASE OF RECORDS. Notwithstanding any provision of
6 33 chapter 22 or section 97B.17 to the contrary, records of the
6 34 department of personnel maintained for the operation of the
6 35 Iowa public employees' retirement system may be released to
7 1 the directors, agents, and employees of the legislative fiscal
7 2 bureau, the department of revenue and finance, the department
7 3 of management, and the department of personnel, for the
7 4 purposes of administering and monitoring an early termination
7 5 program. A person receiving a record pursuant to this
7 6 subsection shall maintain the confidentiality of any
7 7 information otherwise required to be kept confidential and
7 8 shall be subject to the same penalties as the custodian of the
7 9 records for the public dissemination of such information. The
7 10 authority to request a record as provided pursuant to this
7 11 subsection shall cease June 30, 2002.
7 12 4. REPORTING REQUIREMENTS. The department of personnel,
7 13 in collaboration with the department of management, shall
7 14 present an interim report to the general assembly, including
7 15 copies to the legislative fiscal bureau and the fiscal
7 16 committee of the legislative council, by March 15, 2002, and a
7 17 final report by October 1, 2002, concerning the operation of
7 18 early termination programs. The department shall also submit
7 19 an annual update concerning the early termination programs by
7 20 October 1 of each year for four years, commencing October 1,
7 21 2003. The reports shall include information concerning the
7 22 number of early termination program participants, the cost of
7 23 the early termination program including any payments made to
7 24 participants, the number of state employment positions
7 25 eliminated pursuant to an early termination program, the
7 26 number of positions vacated by an early termination program
7 27 participant that have been refilled, and the savings to the
7 28 state based upon the early termination program.
7 29 Sec. 5. WORKFORCE ATTRITION FUND TRANSFER. Moneys in or
7 30 due the workforce attrition fund established pursuant to 2001
7 31 Iowa Acts, First Extraordinary Session, chapter 5, as of the
7 32 effective date of this Act shall be transferred to the general
7 33 fund of the state no later than January 1, 2002, and the fund
7 34 shall be abolished.
7 35 Sec. 6. INITIATIVES FOR STATE GOVERNMENT PRODUCTIVITY –
8 1 SPAN OF CONTROL AND JOB CLASSIFICATION SYSTEM. It is the
8 2 intent of the general assembly to maximize the productivity of
8 3 the state's workforce and increase Iowans' confidence in the
8 4 value of their investment in state government. To accomplish
8 5 these goals, the following initiatives shall be completed:
8 6 1. SPAN OF CONTROL. The department of personnel, in
8 7 consultation with the department of management and after
8 8 discussion and collaboration with executive branch agencies,
8 9 shall pursue a goal of increasing the ratio of the number of
8 10 employees per supervisor for executive branch agencies in the
8 11 aggregate to twelve employees for one supervisor by December
8 12 31, 2002.
8 13 2. JOB CLASSIFICATION SYSTEM. The department of
8 14 personnel, in consultation and collaboration with executive
8 15 branch agencies and employee organizations representing
8 16 employees of executive branch agencies, shall evaluate the
8 17 state's system of job classification for state employees in
8 18 order to ensure the existence of technical skill-based career
8 19 paths in state government which do not depend on an employee
8 20 gaining supervisory responsibility to gain advancement, and
8 21 which provide incentives for state employees to broaden their
8 22 knowledge and skill base. The department shall include in its
8 23 review the elimination of obsolete, duplicative, or
8 24 unnecessary job classifications.
8 25 The department shall present an interim report to the
8 26 governor and the general assembly by September 1, 2002, and a
8 27 final report by February 1, 2003, concerning the progress made
8 28 by the department in completing both initiatives and any
8 29 recommendations and ongoing efforts by the department to meet
8 30 each initiative.
8 31 Sec. 7. NONCONTRACT EMPLOYEE ACROSS-THE-BOARD WAGE
8 32 INCREASE DELAY. Any across-the-board wage increases for
8 33 employees not covered by a collective bargaining agreement,
8 34 which would otherwise take effect at the beginning of the pay
8 35 period in which July 1, 2002, falls, shall be delayed until
9 1 the pay period in which November 1, 2002, falls.
9 2 Sec. 8. EFFECTIVE DATES.
9 3 1. Sections 2, 3, 4, 5, 6, and 7 of this Act, being deemed
9 4 of immediate importance, take effect upon enactment.
9 5 2. Section 1 of this Act, establishing Code section
9 6 70A.38, takes effect July 1, 2002.
9 7
9 8
9 9
9 10 MARY E. KRAMER
9 11 President of the Senate
9 12
9 13
9 14
9 15 BRENT SIEGRIST
9 16 Speaker of the House
9 17
9 18 I hereby certify that this bill originated in the Senate and
9 19 is known as Senate File 551, Seventy-ninth General Assembly.
9 20
9 21
9 22
9 23 MICHAEL E. MARSHALL
9 24 Secretary of the Senate
9 25 Approved , 2001
9 26
9 27
9 28
9 29 THOMAS J. VILSACK
9 30 Governor
Text: SF00550 Text: SF00552 Text: SF00500 - SF00599 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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