Senate
File
2061
-
Introduced
SENATE
FILE
2061
BY
MATHIS
A
BILL
FOR
An
Act
providing
for
a
state
employee
retirement
incentive
1
program
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5628XS
(1)
87
ec/rn
S.F.
2061
Section
1.
2018
STATE
EMPLOYEE
RETIREMENT
INCENTIVE
1
PROGRAM.
2
1.
Definitions.
As
used
in
this
section,
unless
the
context
3
provides
otherwise:
4
a.
“Eligible
employee”
means
an
employee
or
qualified
5
employee
who
has
filed
a
completed
application
for
benefits
6
with
the
Iowa
public
employees’
retirement
system
created
in
7
chapter
97B
in
which
the
employee’s
or
qualified
employee’s
8
intended
first
month
of
entitlement,
as
defined
in
section
9
97B.1A,
is
no
later
than
the
month
following
the
date
10
eligible
employees
shall
be
required
to
agree
to
separate
11
from
employment
with
the
state
as
provided
in
subsection
2,
12
paragraph
“e”.
13
b.
“Eligible
enrollment
date”
means
the
date,
established
14
by
the
department
that
is
at
least
forty-five
days,
but
no
15
later
than
sixty
days,
after
the
effective
date
of
this
Act
and
16
that
is
not
a
weekend
or
holiday.
17
c.
“Employee”
means
an
employee,
as
defined
in
section
18
97B.1A,
who
is
employed
within
the
executive
branch
of
this
19
state.
However,
“employee”
does
not
mean
a
qualified
employee,
20
an
elected
official,
or
an
employee
eligible
for
the
sick
leave
21
conversion
program
as
described
in
section
70A.23,
subsection
22
4.
23
d.
“Employer”
means
a
department,
agency,
board,
or
24
commission
of
the
state
that
employs
individuals.
25
e.
“Health
insurance
contribution
benefit”
means
the
amount
26
representing
the
monthly
contribution
cost
of
an
affordable
27
group
health
care
plan
offered
by
the
state,
as
determined
by
28
the
department
of
administrative
services,
providing
coverage
29
to
the
participant
and,
if
applicable,
the
participant’s
spouse
30
for
the
applicable
period
of
coverage.
31
f.
“Participant”
means
a
person
who
timely
submits
an
32
election
to
participate,
is
accepted
to
participate,
and
does
33
participate,
in
the
state
employee
retirement
incentive
program
34
established
under
this
section.
35
-1-
LSB
5628XS
(1)
87
ec/rn
1/
7
S.F.
2061
g.
“Program”
means
the
state
employee
retirement
incentive
1
program
established
under
this
section.
2
h.
“Qualified
employee”
means
an
employee
of
a
judicial
3
district
department
of
correctional
services,
an
employee
in
4
the
office
of
a
statewide
elected
official,
or
an
employee
of
5
the
state
board
of
regents
if
the
board
elects
to
participate
6
in
the
program.
7
i.
“Years
of
service
incentive
benefit”
means
an
amount
8
equal
to,
for
eligible
employees
with
at
least
ten
years
of
9
state
employment
service,
one
thousand
dollars
for
each
year
of
10
state
employment
service
up
to
a
maximum
of
twenty-five
years
11
of
state
employment
service.
For
purposes
of
this
paragraph,
12
“state
employment
service”
means
service,
as
defined
in
section
13
97B.1A,
for
which
the
employer
is
the
state.
14
2.
Program
eligibility.
To
become
a
participant
in
the
15
program,
an
eligible
employee
shall
do
all
of
the
following:
16
a.
Submit
by
the
eligible
enrollment
date,
a
written
17
application,
on
forms
prescribed
by
the
department
of
18
administrative
services,
seeking
participation
in
the
program.
19
b.
Acknowledge
in
writing
the
eligible
employee’s
20
agreement
to
voluntarily
terminate
employment
in
exchange
21
for
participation
in
the
state
employee
retirement
incentive
22
program
as
provided
in
this
section.
23
c.
Agree
to
waive
all
rights
to
file
suit
against
the
state
24
of
Iowa,
including
all
of
its
departments,
agencies,
and
other
25
subdivisions,
based
on
state
or
federal
claims
arising
out
of
26
the
employment
relationship.
27
d.
Acknowledge,
in
writing,
that
participation
in
the
28
program
waives
any
right
to
accept
any
employment
with
the
29
state
other
than
as
an
elected
official
on
or
after
the
date
30
the
eligible
employee
separates
from
employment.
31
e.
Agree
to
separate
from
employment
with
the
state
no
32
later
than
thirty
days
after
the
eligible
enrollment
date
as
33
established
in
this
subsection.
34
3.
Participant
acceptance.
An
eligible
employee
shall
be
35
-2-
LSB
5628XS
(1)
87
ec/rn
2/
7
S.F.
2061
accepted
into
the
program
if
the
department
of
administrative
1
services
determines
that
the
eligible
employee
meets
the
2
requirements
to
be
eligible
to
participate
in
the
program.
3
4.
Program
benefits.
Upon
acceptance
to
participate
in
the
4
program
and
separation
from
employment
with
the
state
no
later
5
than
the
date
as
determined
in
subsection
2,
paragraph
“e”,
a
6
participant
shall
receive
the
following
benefits:
7
a.
During
November
2018,
and
each
November
thereafter
for
a
8
total
of
five
years,
the
state
shall
pay
to
the
participant,
9
or
the
participant’s
beneficiary,
an
amount
equal
to
twenty
10
percent
of
the
years
of
service
incentive
benefit
for
that
11
participant.
12
b.
For
the
period
of
time
commencing
with
the
first
month
13
in
which
a
participant
is
ineligible
for
or
exhausts
the
14
participant’s
available
remaining
value
of
sick
leave
used
15
to
pay
the
state
share
for
the
participant’s
continuation
of
16
state
group
health
insurance
coverage
as
provided
in
section
17
70A.23,
subsection
3,
and
ending
five
years
from
the
date
18
the
participant
separates
from
employment
with
the
state
as
19
provided
in
this
section,
the
participant,
or
the
participant’s
20
surviving
spouse,
shall
be
entitled
to
receive
a
health
21
insurance
contribution
benefit
to
be
used
by
the
participant
22
or
the
participant’s
beneficiary
to
pay
the
cost
for
eligible
23
state
group
health
insurance.
The
department
of
administrative
24
services
shall
determine
what
health
insurance
plans
constitute
25
eligible
state
group
health
insurance
for
purposes
of
this
26
paragraph
“b”.
27
5.
Reemployment.
28
a.
An
employer
shall
not
offer
permanent
part-time
29
employment,
permanent
full-time
employment,
temporary
30
employment,
or
retention
as
an
independent
contractor
to
a
31
participant.
32
b.
This
section
shall
not
preclude
a
participant
from
33
membership
on
a
board
or
commission.
34
6.
Program
administration
and
reporting.
35
-3-
LSB
5628XS
(1)
87
ec/rn
3/
7
S.F.
2061
a.
The
department
of
administrative
services
shall
1
administer
the
program
and
shall
adopt
administrative
rules
2
to
administer
the
program.
The
department
of
administrative
3
services
and
the
department
of
management
may
adopt
rules
on
an
4
emergency
basis
under
section
17A.4,
subsection
3,
and
section
5
17A.5,
subsection
2,
paragraph
“b”,
to
implement
this
section
6
and
the
rules
shall
be
effective
immediately
upon
filing
unless
7
a
later
date
is
specified
in
the
rules.
8
b.
Records
of
the
Iowa
public
employees’
retirement
system
9
shall
be
released
for
the
purposes
of
administering
and
10
monitoring
the
program
subject
to
the
requirements
of
section
11
97B.17,
subsection
5.
12
c.
The
department
of
administrative
services,
in
13
collaboration
with
the
department
of
management,
shall
present
14
an
interim
report
to
the
general
assembly,
including
copies
to
15
the
legislative
services
agency
and
the
fiscal
committee
of
16
the
legislative
council,
by
December
1,
2018,
concerning
the
17
operation
of
the
program.
The
department
shall
also
submit
18
an
annual
update
concerning
the
program
by
October
1
of
each
19
year
for
four
years,
commencing
December
1,
2019.
The
reports
20
shall
include
information
concerning
the
number
of
program
21
participants,
the
cost
of
the
program
including
any
payments
22
made
to
participants,
the
number
of
state
employment
positions
23
not
filled
pursuant
to
the
program,
and
the
number
of
positions
24
vacated
by
a
program
participant
that
have
been
refilled
with
a
25
comparison
of
the
salary
of
the
program
participant
at
the
time
26
the
position
was
vacated
to
the
beginning
salary
of
the
person
27
who
refilled
the
position.
28
7.
Legislative
and
judicial
branch
employees.
29
a.
The
legislative
council
may
provide
a
retirement
30
incentive
program
for
employees
of
the
legislative
branch
31
consistent
with
the
program
provided
in
this
section
for
32
executive
branch
employees.
If
the
legislative
council
33
provides
an
incentive
program,
the
legislative
council
shall
34
collaborate
with
the
department
of
administrative
services
to
35
-4-
LSB
5628XS
(1)
87
ec/rn
4/
7
S.F.
2061
establish
the
program
as
required
under
this
section
as
nearly
1
as
identical
as
possible
to
the
program
provided
executive
2
branch
employees
under
this
section.
The
program
provided
3
pursuant
to
this
paragraph
“a”
shall
establish
similar
time
4
guidelines
and
the
same
benefit
calculations
as
provided
under
5
the
program
for
executive
branch
employees.
6
b.
The
supreme
court
may
provide
a
retirement
incentive
7
program
for
employees
of
the
judicial
branch
consistent
with
8
the
program
provided
in
this
section
for
executive
branch
9
employees.
If
the
supreme
court
provides
an
incentive
program,
10
the
supreme
court
shall
collaborate
with
the
department
of
11
administrative
services
to
establish
the
program
as
required
12
under
this
section
as
nearly
as
identical
as
possible
to
13
the
program
provided
executive
branch
employees
under
this
14
section.
The
program
provided
pursuant
to
this
paragraph
“b”
15
shall
establish
similar
time
guidelines
and
the
same
benefit
16
calculations
as
provided
under
the
program
for
executive
branch
17
employees.
18
Sec.
2.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
19
immediate
importance,
takes
effect
upon
enactment.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
establishes
a
state
employee
retirement
incentive
24
program
for
eligible
employees
of
the
executive
branch
of
the
25
state,
including
employees
in
the
offices
of
statewide
elective
26
officials,
employees
of
a
judicial
district
department
of
27
correctional
services,
and
if
the
board
of
regents
approves,
28
employees
of
the
state
board
of
regents
and
its
institutions.
29
The
bill
permits,
but
does
not
require,
either
the
legislative
30
branch
or
the
judicial
branch
to
establish
an
early
retirement
31
program
consistent
with
the
program
provided
to
executive
32
branch
employees
in
the
bill.
An
elected
official,
or
an
33
employee
eligible
for
an
enhanced
sick
leave
conversion
program
34
under
Code
section
70A.23(4)
are
excluded
from
participating
35
-5-
LSB
5628XS
(1)
87
ec/rn
5/
7
S.F.
2061
in
the
program.
The
program
shall
be
administered
by
the
1
department
of
administrative
services
(DAS).
The
bill
permits
2
eligible
executive
branch
employees
who
have
completed
an
3
application
for
benefits
under
the
Iowa
public
employees’
4
retirement
system
(IPERS)
with
an
intended
first
month
5
of
entitlement
of
no
later
than
the
month
following
the
6
date
eligible
employees
shall
be
required
to
separate
from
7
employment,
to
separate
from
service
with
the
state
and
receive
8
a
benefit
under
the
program.
To
receive
the
incentive
benefit,
9
an
eligible
employee
must
submit
an
application
to
participate
10
in
the
program
by
the
eligible
enrollment
date,
be
accepted
to
11
participate
in
the
program
by
the
departments
of
administrative
12
services
and
management,
separate
from
state
employment
within
13
30
days
of
the
eligible
enrollment
date,
and
acknowledge
the
14
employee’s
ineligibility
to
return
to
employment
with
the
15
state.
The
bill
defines
eligible
enrollment
date
as
the
date
16
established
by
DAS,
no
earlier
than
45
days
but
no
later
than
17
60
days
after
the
effective
date
of
the
bill.
18
The
bill
provides
that
the
benefit
provided
to
an
eligible
19
employee
who
participates
in
the
program
is
an
amount
equal
to
20
the
entire
value
of
the
eligible
employee’s
accumulated
but
21
unused
vacation
plus,
if
the
employee
has
at
least
10
years
22
of
state
employment,
$1,000
for
each
year
of
state
employment
23
up
to
25
years.
The
bill
provides
that
this
amount
shall
be
24
payable
in
five
equal
installments
each
year
during
November
25
beginning
in
November
2018.
In
addition,
the
bill
provides
26
that
a
participant
in
the
program,
or
the
participant’s
27
surviving
spouse,
shall
receive
a
health
insurance
premium
28
benefit
to
pay
the
premium
cost
for
eligible
state
group
29
health
insurance
for
five
years
following
the
participant’s
30
termination
from
state
employment.
However,
the
bill
provides
31
that
a
participant
shall
receive
the
health
insurance
premium
32
benefit
only
when
the
participant
is
no
longer
eligible
for,
33
or
exhausts,
the
participant’s
available
remaining
value
of
34
sick
leave
used
to
pay
the
state
share
for
the
participant’s
35
-6-
LSB
5628XS
(1)
87
ec/rn
6/
7
S.F.
2061
continuation
of
state
group
health
insurance
coverage
as
1
provided
in
Code
section
70A.23,
subsection
3.
2
The
bill
further
provides
that
a
state
employer
shall
not
3
hire
a
participant
in
the
program
for
any
employment.
4
The
bill
takes
effect
upon
enactment.
5
-7-
LSB
5628XS
(1)
87
ec/rn
7/
7