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House Journal: Page 2116: Tuesday, May 28, 2002

17 which, but for participation in the program, the sum
18 of the number of years of credited service and the
19 employee's age in years as of December 31, 2003,
20 equals or exceeds seventy-five.
21 c. "Employee" means an employee of the executive
22 branch of the state who is not covered by a collective
23 bargaining agreement, including an employee of a
24 judicial district department of correctional services
25 if the district elects to participate in the program,
26 an employee of the state board of regents if the board
27 elects to participate in the program, an employee of
28 the judicial branch if the judicial branch elects to
29 participate in the program, and an employee of the
30 department of justice. However, "employee" does not
31 mean an elected official.
32 d. "Participant" means a person who timely submits
33 an election to participate, and does participate, in
34 the sick leave and vacation incentive program
35 established under this section.
36 e. "Program" means the sick leave and vacation
37 incentive program established under this section.
38 f. "Regular annual salary" means an amount equal
39 to the eligible employee's regular biweekly rate of
40 pay as of the date of separation from employment
41 multiplied by twenty-six.
42 g. "Sick leave and vacation incentive benefit"
43 means an amount equal to the entire value of an
44 eligible employee's accumulated but unused vacation
45 plus the lesser of the entire value of the eligible
46 employee's accumulated and unused sick leave or the
47 employee's regular annual salary.
48 2. To become a participant in the program, an
49 eligible employee shall do all of the following:
50 a. Submit by August 14, 2002, a written

Page 2

1 application, on forms prescribed by the department of
2 personnel, seeking participation in the program.
3 b. Agree to waive any and all rights to receive
4 payments of sick leave balances under section 70A.23
5 and accrued vacation balances in a form other than as
6 provided in this section.
7 c. Agree to waive all rights to file suit against
8 the state of Iowa, including all of its departments,
9 agencies, and other subdivisions, based on state or
10 federal claims arising out of the employment
11 relationship.
12 d. Acknowledge, in writing, that participation in
13 the program waives any right to accept permanent part-
14 time or permanent full-time employment with the state
15 other than as an elected official on or after August


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