House File 2497
HOUSE FILE
BY COMMITTEE ON STATE GOVERNMENT
(SUCCESSOR TO HSB 694)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for a sick leave and vacation incentive program
2 for state employees and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6587HV 80
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PAG LIN
1 1 Section 1. 2004 SICK LEAVE AND VACATION INCENTIVE PROGRAM.
1 2 1. As used in this section, unless the context provides
1 3 otherwise:
1 4 a. "Credited service" means service under the Iowa public
1 5 employees' retirement system, as service is defined in section
1 6 97B.1A, and membership service under the public safety peace
1 7 officers' retirement, accident, and disability system, as
1 8 defined in section 97A.1.
1 9 b. "Eligible employee" means an employee for which, but
1 10 for participation in the program, the sum of the number of
1 11 years of credited service and the employee's age in years as
1 12 of December 31, 2004, equals or exceeds seventy=five.
1 13 c. "Employee" means an employee of the executive branch of
1 14 this state, including an employee of a judicial district
1 15 department of correctional services if the district elects to
1 16 participate in the program, an employee of the state board of
1 17 regents if the board elects to participate in the program, and
1 18 an employee of the department of justice. However, "employee"
1 19 does not mean an elected official.
1 20 d. "Participant" means a person who timely submits an
1 21 election to participate, and does participate, in the sick
1 22 leave and vacation incentive program established under this
1 23 section.
1 24 e. "Program" means the sick leave and vacation incentive
1 25 program established under this section.
1 26 f. "Regular annual salary" means an amount equal to the
1 27 eligible employee's regular biweekly rate of pay as of the
1 28 date of separation from employment multiplied by twenty=six.
1 29 g. "Sick leave and vacation incentive benefit" means an
1 30 amount equal to the entire value of an eligible employee's
1 31 accumulated but unused vacation plus the lesser of seventy=
1 32 five percent of the value of the eligible employee's
1 33 accumulated and unused sick leave or seventy=five percent of
1 34 the employee's regular annual salary.
1 35 2. To become a participant in the program, an eligible
2 1 employee shall do all of the following:
2 2 a. Submit by May 21, 2004, a written application, on forms
2 3 prescribed by the department of administrative services,
2 4 seeking participation in the program.
2 5 b. Agree to waive any and all rights to receive payments
2 6 of sick leave balances under section 70A.23 and accrued
2 7 vacation balances in a form other than as provided in this
2 8 section.
2 9 c. Agree to waive all rights to file suit against the
2 10 state of Iowa, including all of its departments, agencies, and
2 11 other subdivisions, based on state or federal claims arising
2 12 out of the employment relationship.
2 13 d. Acknowledge, in writing, that participation in the
2 14 program waives any right to accept permanent part=time or
2 15 permanent full=time employment with the state other than as an
2 16 elected official on or after the date the eligible employee
2 17 separates from employment as provided in this section.
2 18 e. Agree to separate from employment with the state on or
2 19 after July 2, 2004, but no later than August 12, 2004.
2 20 3. a. Upon acceptance to participate in the program and
2 21 separation from employment with the state on or after July 2,
2 22 2004, but no later than August 12, 2004, a participant shall
2 23 receive a sick leave and vacation incentive benefit. The
2 24 state shall pay to the participant a portion of the sick leave
2 25 and vacation incentive benefit each fiscal year for a period
2 26 of five years commencing with the fiscal year ending June 30,
2 27 2005.
2 28 b. A participant in the program shall be eligible to
2 29 continue participation in the group plan or under the group
2 30 contract at the participant's own expense in the same manner
2 31 as a retired employee pursuant to section 509A.13. In
2 32 addition, a participant shall be deemed an eligible retired
2 33 state employee for purposes of eligibility for continuation of
2 34 group insurance covering spouses as provided in section
2 35 509A.13A.
3 1 4. a. The department of administrative services shall
3 2 administer the program, including the determination of
3 3 eligibility for participation in the program, and shall adopt
3 4 administrative rules to administer the program. The
3 5 department may adopt rules on an emergency basis under section
3 6 17A.4, subsection 2, and section 17A.5, subsection 2,
3 7 paragraph "b", to implement this section and the rules shall
3 8 be effective immediately upon filing unless a later date is
3 9 specified in the rules.
3 10 b. Records of the Iowa public employees' retirement system
3 11 may be released for the purposes of administering and
3 12 monitoring the program subject to the requirements of section
3 13 97B.17, subsection 5.
3 14 c. The department of administrative services, in
3 15 collaboration with the department of management, shall present
3 16 an interim report to the general assembly, including copies to
3 17 the legislative services agency and the fiscal committee of
3 18 the legislative council, by October 1, 2004, concerning the
3 19 operation of the program. The department shall also submit an
3 20 annual update concerning the program by October 1 of each year
3 21 for four years, commencing October 1, 2005. The reports shall
3 22 include information concerning the number of program
3 23 participants, the cost of the program including any payments
3 24 made to participants, the number of state employment positions
3 25 eliminated pursuant to the program, and the number of
3 26 positions vacated by a program participant that have been
3 27 refilled.
3 28 5. The legislative council shall provide an incentive
3 29 program for employees of the legislative branch consistent
3 30 with the program provided in this section for executive branch
3 31 employees. The legislative council shall collaborate with the
3 32 department of administrative services to establish the program
3 33 as required under this subsection as nearly identical as
3 34 possible to the program provided executive branch employees
3 35 under this section. The program provided pursuant to this
4 1 subsection shall establish the same guidelines used to
4 2 establish an eligible employee and benefit calculations as
4 3 provided under the program for executive branch employees.
4 4 Sec. 2. SPAN OF CONTROL. The department of administrative
4 5 services, in consultation with the department of management
4 6 and after discussion and collaboration with executive branch
4 7 agencies, shall pursue a goal of increasing the ratio of the
4 8 number of employees per supervisor for executive branch
4 9 agencies in the aggregate to twelve employees for one
4 10 supervisor by December 31, 2005.
4 11 Sec. 3. EFFECTIVE DATE. This Act, being deemed of
4 12 immediate importance, takes effect upon enactment.
4 13 HF 2497
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