11—60.1 (8A) Separations.
	 60.1(1) Resignation, retirement, phased retirement, early retirement, or early termination.
	  a.   	 To resign or retire in good standing an employee must give the appointing authority at least 14 calendar days’ prior notice unless the appointing authority agrees to a shorter period. A written notice of resignation or retirement shall be given by the employee to the appointing authority, with a copy forwarded to the director by the appointing authority at the same time. An employee who fails to give this prior notice may, at the request of the appointing authority, be barred from certification or appointment to that agency for a period of up to two years. Resignation or retirement shall not be subject to appeal under 11—Chapter 61 unless it is alleged that it was submitted under duress.
Employees who are absent from duty for three consecutive workdays without proper authorization from the appointing authority may be considered to have voluntarily terminated employment. The appointing authority shall notify the employee by registered letter (return receipt requested) that they must return to work within two workdays following receipt of the notification or be removed from the payroll. If the appointing authority receives notice from the U.S. post office that the letter was undeliverable, the employee may be removed from the payroll five days following receipt of that notice. The appointing authority shall consider requests to review circumstances.
	  b.   	 A full-time employee who is at least 60 years of age and who has completed at least 20 years as a full-time employee may, with approval of the appointing authority, participate in the phased retirement program. The request for participation shall specify the number of hours per week the employee intends to work for each year of the program.
Participants shall be in pay status a maximum of 32 hours per week and a minimum of 20 hours per week during the first four years in the program. After the completion of four years in the program, participants shall be in pay status a maximum of 20 hours per week for the fifth year in the program. An employee may not increase the number of hours in pay status once participation in the program has begun. An employee may participate for a maximum of five years in the program. At the conclusion of the agreed upon period of participation in the program, the employee shall retire from state employment.
An employee participating in the phased retirement program shall receive holiday pay and accrue vacation and sick leave on a pro rata basis in accordance with the number of hours in pay status in the pay period. During the period of participation in the program, all other benefits shall be commensurate with full-time employment.
Participation in the phased retirement program shall serve as a written notice of intent to retire on the date specified in the agreement unless the employee retires, resigns, is discharged, or receives long-term disability prior to that date. Participants are eligible to elect early retirement or early termination incentives in lieu of completing the phased retirement agreement.
An employee who participates in the phased retirement program shall not be eligible to return to permanent employment for hours in excess of those worked at the time of retirement.
	  c.   	 Employees who received early retirement or early termination incentives provided by 1986 Iowa Acts, Senate File 2242, shall not be eligible for further state employment.
	  d.   	 Separation from employment for purposes of induction into military service shall be in accordance with 11—subrules 63.6(2) and 63.9(2).
	  e.   	 A person who has served as a commissioner or board member of a regulatory agency shall not be eligible for employment with that agency until two years after termination of the appointment.
	 60.1(2) Expiration of appointment. When an employee is separated upon the expiration of an appointment of limited duration, the appointing authority shall immediately report the separation to the department on forms prescribed by the director.
	 60.1(3) Early retirement incentive program—1992.
	  a.   	 This early retirement incentive program is provided for in 1992 Iowa Acts, House File 2454. To be eligible to participate in this program an employee must be at least 59 years of age at the time of termination, have a total of at least 20 years of continuous or noncontinuous membership service, including buy-back or buy-in service, in the Iowa Public Employees’ Retirement System (IPERS) or the Public Safety Peace Officers’ Retirement, Accident, and Disability System (POR), and be participating in one of the state’s group health or dental insurance plans at the time of termination. Employees on the payroll who meet these criteria and who are receiving workers’ compensation are also eligible to participate.
	  b.   	 To be a program participant, employees must complete an early retirement incentive program application form and send it to IPERS or POR prior to November 15, 1992, and must terminate employment no sooner than May 15, 1992, and prior to January 15, 1993. The IPERS address is P.O. Box 9117, Des Moines, Iowa 50306. The POR address is Wallace State Office Building, Des Moines, Iowa 50319.
	  c.   	 For participating employees, the state’s share of the health insurance premium, or the state’s share of the dental insurance premium, or both, will continue to be paid by the state. The amount of the state’s share will be capped at the amount that was being paid upon termination. The balance of any premium amounts is to be paid by the participating employee. Prior to or after termination, participants may choose to move to a health insurance plan that has a less costly state’s share. If the participant moves to a plan with a less costly state’s share, the amount paid by the state will be capped at the state’s share for the less costly plan. Thereafter, under no circumstances will a previously reduced or capped state’s share rate be increased for any participant. The state’s share will then continue at that capped rate through the last day of the month prior to the month in which the participating employee reaches age 65.
	  d.   	 If a program participant dies before reaching age 65, the state’s share of health insurance premium, or the state’s share of the dental insurance premium, or both, will continue for the dependents who are listed on the employee’s health insurance care contract, dental insurance care contract, or both, through the last day of the month prior to the month in which the program participant would have reached age 65. Dependents may then purchase a conversion policy. Contract status changes, i.e., family to single, may occur for the surviving spouse, if applicable.
	  e.   	 If a program participant or the spouse of a program participant has an event that would change the contract status from family to single, this change will be allowed. In that case, the state’s share of the premium will be reduced to and capped at the single plan rate at the time of the contract change. If a program participant has an event that would change the contract status from single to family, this change will be allowed. However, the state’s share of the premium will continue at the capped single plan rate. Under no circumstances will a previously reduced or capped state’s share rate be increased for any participant.
	  f.   	 If a program participant has a double-spouse contribution contract at the time of termination, the double-spouse contribution will continue until the earlier of: the death of either spouse, the dissolution or legal separation of these spouses, the last day of the month prior to the month in which the program participant reaches age 65, or the date the remaining working spouse terminates employment.
	  g.   	 Under no circumstances will a previously reduced or capped state’s share rate ever be increased for any participant for any reason.
	  h.   	 Employees who participate in this program are not eligible to accept any further employment with the state of Iowa. This prohibition does not apply to a program participant who is later elected to public office.
	  i.   	 Any employee who participates in this early retirement program and who is later approved for state group disability benefits is exempt from further participation in this program. In addition, the state’s share of insurance premiums already paid, from the time of termination until long-term disability payments begin, may be recouped by the state and returned to the department of management for repayment to the originating fund. However, any program participant’s payment toward health insurance premiums during that period will be applied toward the employee’s cost of the coverage.
	 60.1(4) Sick leave and vacation incentive program—2002.
	  a.   	 This termination incentive program is provided for in 2001 Iowa Acts, Senate File 551. To be eligible to participate in this program an employee’s length of credited service and the employee’s age as of December 31, 2002, but for participation in this program, must equal or exceed 75 years, including buy-back or buy-in service in the Iowa public employees’ retirement system (IPERS) or in the public safety peace officers’ retirement, accident, and disability system (POR). Employees on the payroll who meet these criteria and who are receiving workers’ compensation on and after November 20, 2001, are also eligible to participate.
	 (1) 	 Age shall be determined in years and quarters of a year.
	  1. 	 The birth year is subtracted from 2002 to obtain the total years.
	  2. 	 To calculate quarters:
	  ● 	 If the birth month is January, February, or March, one year shall be added to the total years calculated in 60.1(4)“a”(1)“1”;
	  ● 	 If the birth month is April, May, or June, .75 of a year shall be added to the total years calculated in 60.1(4)“a”(1)“1”;
	  ● 	 If the birth month is July, August, or September, .50 of a year shall be added to the total years calculated in 60.1(4)“a”(1)“1”;
	  ● 	 If the birth month is October, November, or December, .25 of a year shall be added to the total years calculated in 60.1(4)“a”(1)“1.”
	 (2) 	 Length of credited service shall be calculated by IPERS or POR service credit, pursuant to each system’s respective rules and regulations.
	  b.   	 To become a program participant, an employee must complete and file a program application form on or before January 31, 2002, and must terminate employment on or before February 1, 2002.
	  c.   	 For purposes of this program, the following definitions shall apply:
“Employee” means an employee of the executive branch of the state who is not covered by a collective bargaining agreement, including an employee of a judicial district of the department of correctional services if the district elects to participate in the program, an employee of the state board of regents if the board elects to participate in the program, and an employee of the department of justice. However, “employee” does not mean an elected official.
“Participating employee” means an eligible employee who, on or before January 31, 2002, submits an election to participate in the sick leave and vacation incentive program and terminates state employment on or before February 1, 2002. For the purposes of this program, a person remains a participating employee after payments made hereunder cease.
“Regular annual salary” means the employee’s regular biweekly salary on the date of termination multiplied by 26.
	  d.   	 A participating employee will receive the cash value of the employee’s accumulated sick leave, not to exceed 100 percent of the employee’s regular annual salary, and annual leave accrued balances. The state shall pay to the participating employee a portion of the combined dollar value of the accrued sick leave and annual leave balances each fiscal year, for a period of five years on the following schedule:
	 (1) 	 Upon termination, in the first fiscal year of the program, the employee shall receive 10 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	 (2) 	 In August of the second through the fourth fiscal years of the program, the employee shall receive 20 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	 (3) 	 In August of the fifth fiscal year of the program, the employee shall receive the remaining 30 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	  e.   	 A participating employee, as a condition of participation in this program, shall waive any and all rights to receive payment of a sick leave balance pursuant to Iowa Code section 70A.23 and payment for accrued vacation pursuant to Iowa Code section 91A.4 and shall waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
	  f.   	 The administrative head, manager, supervisor, or any employee of a department, agency, board, or commission of the state of Iowa shall not coerce or otherwise influence any state employee to participate or not participate in this program.
	  g.   	 In the event a program participant dies prior to receiving the total cash value of the incentive addressed in paragraph 60.1(4)“d,” the participant’s designated beneficiary or beneficiaries shall receive the remaining payments on the schedule developed for such payments.
	  h.   	 An employee who elects participation in this program, from the date of termination from employment, is not eligible to accept any further permanent employment with the state of Iowa. This prohibition does not apply to a program participant who is later elected to public office.
	 60.1(5) Sick leave and vacation incentive program—Fiscal Year 2003.
	  a.   	 This termination incentive program is provided for in 2002 Iowa Acts, House File 2625. To be eligible to participate in this program an employee’s length of credited service and the employee’s age as of December 31, 2003, but for participation in this program, must equal or exceed 75 years, including buy-back or buy-in service in the Iowa public employees’ retirement system (IPERS) or in the public safety peace officers’ retirement, accident, and disability system (POR). Employees on the payroll who meet these criteria and who are receiving workers’ compensation on and after July 8, 2002, are also eligible to participate.
	 (1) 	 Age shall be determined in years and quarters of a year.
	  1. 	 The birth year is subtracted from 2003 to obtain the total years.
	  2. 	 To calculate quarters:
	  ● 	 If the birth month is January, February, or March, one year shall be added to the total years calculated in 60.1(5)“a”(1)“1”;
	  ● 	 If the birth month is April, May, or June, .75 of a year shall be added to the total years calculated in 60.1(5)“a”(1)“1”;
	  ● 	 If the birth month is July, August, or September, .50 of a year shall be added to the total years calculated in 60.1(5)“a”(1)“1”;
	  ● 	 If the birth month is October, November, or December, .25 of a year shall be added to the total years calculated in 60.1(5)“a”(1)“1.”
	 (2) 	 Length of credited service shall be calculated by IPERS or POR service credit, pursuant to each system’s respective rules and regulations.
	  b.   	 To become a program participant, an employee must complete and file a program application form on or before August 14, 2002, and must terminate employment no earlier than July 8, 2002, but no later than August 15, 2002.
	  c.   	 For purposes of this program, the following definitions shall apply:
“Employee” means an employee of the executive branch of the state who is not covered by a collective bargaining agreement, including an employee of a judicial district department of correctional services if the district elects to participate in the program, an employee of the state board of regents if the board elects to participate in the program, and an employee of the department of justice, as well as employees eligible to accrue vacation and sick leave within the judicial branch of the state if the judicial branch elects to participate in the program. However, “employee” does not mean an elected official.
“Participating employee” means an eligible employee who, on or before August 14, 2002, submits an election to participate in the sick leave and vacation incentive program and terminates state employment no earlier than July 8, 2002, but no later than August 15, 2002. For the purposes of this program, a person remains a participating employee after payments made hereunder cease.
“Regular annual salary” means (1) for full-time employees, an employee’s regular biweekly salary on the date of termination, multiplied by 26; or (2) for part-time employees, the cumulative salary received by the employee during the 26 pay periods immediately prior to termination.
	  d.   	 A participating employee will receive the cash value of the employee’s accumulated sick leave, not to exceed 100 percent of the employee’s regular annual salary, and vacation accrued balances. The state shall pay to the participating employee a portion of the combined dollar value of the accrued sick leave and vacation balances each fiscal year, for a period of five years on the following schedule:
	 (1) 	 Upon termination, in the first fiscal year of the program, the employee shall receive 30 percent of the total cash value of the aforementioned calculation for sick leave and vacation.
	 (2) 	 In August of fiscal years 2004, 2005 and 2006, the employee shall receive 20 percent of the total cash value of the aforementioned calculation for sick leave and vacation.
	 (3) 	 In August of fiscal year 2007, the employee shall receive the remaining 10 percent of the total cash value of the aforementioned calculation for sick leave and vacation.
	  e.   	 A participating employee, as a condition of participation in this program, shall waive any and all rights to receive payment of a sick leave balance pursuant to Iowa Code section 70A.23 and payment for accrued vacation pursuant to Iowa Code section 91A.4 and shall waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
	  f.   	 The administrative head, manager, supervisor, or any employee of a department, agency, board, or commission of the state of Iowa shall not coerce or otherwise influence any state employee to participate or not participate in this program.
	  g.   	 In the event a program participant dies prior to receiving the total cash value of the incentive addressed in paragraph 60.1(5)“d,” the participant’s designated beneficiary or beneficiaries shall receive the remaining payments on the schedule developed for such payments.
	  h.   	 An employee who elects participation in this program, from the date of termination from employment, is not eligible to accept any further permanent part-time or full-time employment with the state of Iowa. This prohibition does not apply to a program participant who is later elected to public office.
	 60.1(6) Sick leave and vacation incentive program—Fiscal Year 2005.
	  a.   	 This termination incentive program is provided for in 2004 Iowa Acts, House File 2497. To be eligible to participate in this program, an employee’s length of credited service and the employee’s age as of December 31, 2004, but for participation in this program, must equal or exceed 75 years, including buy-back or buy-in service in the Iowa public employees’ retirement system (IPERS) or in the public safety peace officers’ retirement, accident, and disability system (POR). Employees on the payroll who meet these criteria and who are receiving workers’ compensation on and after May 21, 2004, are also eligible to participate.
	 (1) 	 Age shall be determined in years and quarters of a year.
	  1. 	 The birth year is subtracted from 2004 to obtain the total years.
	  2. 	 To calculate quarters:
	  ● 	 If the birth month is January, February, or March, one year shall be added to the total years calculated in 60.1(6)“a”(1)“1”;
	  ● 	 If the birth month is April, May, or June, .75 of a year shall be added to the total years calculated in 60.1(6)“a”(1)“1”;
	  ● 	 If the birth month is July, August, or September, .50 of a year shall be added to the total years calculated in 60.1(6)“a”(1)“1”;
	  ● 	 If the birth month is October, November, or December, .25 of a year shall be added to the total years calculated in 60.1(6)“a”(1)“1.”
	 (2) 	 Length of credited service shall be calculated by IPERS or POR service credit, pursuant to each system’s respective rules and regulations.
	  b.   	 To become a program participant, an employee must complete and file a program application form on or before May 21, 2004, and must terminate employment no earlier than July 2, 2004, but no later than August 12, 2004.
	  c.   	 For purposes of this program, the following definitions shall apply:
“Employee” means an employee of the executive branch of this state, including an employee of a judicial district of the department of correctional services if the district elects to participate in the program, an employee of the state board of regents if the board elects to participate in the program, and an employee of the department of justice. However, “employee” does not mean an elected official.
“Participating employee” means an eligible employee who, on or before May 21, 2004, submits an election to participate, and does participate, in the sick leave and vacation incentive program established by 2004 Iowa Acts, House File 2497. For the purposes of this program, a person remains a participating employee after payments made hereunder cease.
“Regular annual salary” means the employee’s regular biweekly salary on the date of termination multiplied by 26.
	  d.   	 A participating employee will receive an amount equal to the entire value of the employee’s accumulated but unused vacation plus the lesser of 75 percent of the value of the employee’s accumulated and unused sick leave or 75 percent of the employee’s annual salary. The state shall pay to the participating employee a portion of the combined dollar value of the accrued sick leave and annual leave balances each fiscal year, for a period of five years on the following schedule:
	 (1) 	 Upon termination, in the first fiscal year of the program, the employee shall receive 30 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	 (2) 	 In August of the second through the fourth fiscal years of the program, the employee shall receive 20 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	 (3) 	 In August of the fifth and final fiscal year of the program, the employee shall receive 10 percent of the total cash value of the aforementioned calculation for sick leave and annual leave.
	  e.   	 A participating employee, as a condition of participation in this program, shall waive any and all rights to receive payment of a sick leave balance pursuant to Iowa Code section 70A.23 and payment for accrued vacation pursuant to Iowa Code section 91A.4 and shall waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
	  f.   	 The administrative head, manager, supervisor, or any employee of a department, agency, board, or commission of the state of Iowa shall not coerce or otherwise influence any state employee to participate or not participate in this program.
	  g.   	 In the event a program participant dies prior to receiving the total cash value of the incentive addressed in paragraph 60.1(6)“d,” the participant’s designated beneficiary or beneficiaries shall receive the remaining payments on the schedule developed for such payments.
	  h.   	 An employee who elects participation in this program is not eligible to accept any further permanent part-time or full-time employment with the state of Iowa from the date of termination from employment. This prohibition does not apply to a program participant who is later elected to public office.
	 60.1(7) State employee retirement incentive program—Fiscal Year 2010.
	  a.   	 This state employee retirement incentive program is provided for in 2010 Iowa Acts, Senate File 2062.
	  b.   	 To become a program participant, an employee must complete and file a program application form on or before April 15, 2010, and must terminate employment no later than June 24, 2010.
	  c.   	 For purposes of this program, the following definitions shall apply:
“Employee” means an employee of the executive branch of this state, including an employee of a judicial district of the department of correctional services, an employee of the fair board, an employee of the state board of regents if the board elects to participate in the program, and an employee of the department of justice. However, “employee” does not mean an elected official.
“Eligible employee” means an employee who is employed on February 10, 2010, who is 55 years of age or older on July 31, 2010, and who has submitted an application by the employee’s last day of employment to the Iowa public employees’ retirement system to begin monthly retirement benefits by July 2010. “Eligible employee” shall include an employee who began receiving IPERS monthly benefits prior to February 2010 if the employee is employed on February 10, 2010, and terminates employment on or before June 24, 2010. “Eligible employee” shall not include an employee who is eligible for the sick leave conversion program as described in Iowa Code section 70A.23, subsection 4, or a former employee who withdraws the application for monthly retirement benefits from the Iowa public employees’ retirement system before receiving the first month of benefits.
“Participant” means an eligible employee who, on or before April 15, 2010, submits an application to participate and does participate in the state employee retirement incentive program established by this subrule. For the purposes of this program, a person remains a participant after all benefits under this program have been made.
“Program” means the state employee retirement incentive program established in 2010 Iowa Acts, Senate File 2062.
“State” means the state of Iowa and all of its branches, departments, agencies, boards, or commissions, including a judicial district department of correctional services and the state board of regents.
	  d.   	 A participant who elects to remain in the state’s retiree health insurance group plan may receive a health insurance contribution benefit. The health insurance contribution benefit consists of up to 5 years of contributions toward retiree health insurance. The contributions shall be used to pay the employer’s portion of the health insurance premiums. The department shall determine the contribution rate based on the employer’s contribution to an existing state plan.
A participant shall begin receiving the health insurance contribution benefit once payments, if any, under Iowa Code section 70A.23 cease, and shall continue to receive such benefits for 5 years after termination of employment. If a participant is not eligible for payments under Iowa Code section 70A.23, the participant will begin receiving health insurance contribution benefits the month following termination of employment and shall continue to receive such benefits for 5 years after termination of employment.
	  e.   	 All existing rules and policies regarding continuation of health insurance and changing health insurance plans shall apply to participants and surviving spouses covered by the program.
	  f.   	 A participant will receive a years of service incentive payment for 5 years after termination of employment. The payments shall include the entire value of the participant’s accrued but unused vacation leave and, for participants with at least 10 years of state employment, $1000 for each year of state employment, up to 25 years of employment. State employment shall include all past and present employment with the state, regardless of whether the employee took a refund of the contributions made to IPERS for a prior period of service, if the employee provides adequate documentation of prior periods of employment. The payment shall be paid in five equal installments beginning in September 2010 and ending in 2014.
	  g.   	 If a participant dies within 5 years of termination of employment, the participant’s beneficiary will receive any remaining years of service incentive benefits. If the participant’s surviving spouse is covered on the participant’s state retiree health insurance plan, the surviving spouse may elect to continue health insurance coverage and will receive any remaining health insurance contribution benefits under this program. If the surviving spouse was not covered by the participant’s health insurance plan, or if there is no surviving spouse, any remaining health insurance contribution benefits are forfeited.
	  h.   	 A participating employee, as a condition of participation in this program, shall waive any and all rights to receive payment for accrued vacation pursuant to Iowa Code section 91A.4 and shall waive all rights to file suit against the state of Iowa, including all of its departments, agencies, and other subdivisions, based on state or federal claims arising out of the employment relationship.
	  i.   	 The administrative head, manager, supervisor, or any employee of a department, agency, board, or commission of the state of Iowa shall not coerce or otherwise influence any state employee to participate or not participate in this program.
	  j.   	 A participant is not eligible to accept any further employment with the state, other than as an elected official or a member of a board or commission, from the date of termination from employment. A participant may not enter into a contract to provide services to the state as an independent contractor or a consultant.
[ARC 8692B, IAB 4/21/10, effective 3/29/10]