1999 Legislation
Print Friendly

HOUSE BILL NO. 21 – PERSI, unused sick leave acct


View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact

Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History

H0021........................................................by MR. SPEAKER
              Requested by Public Employees Retirement System
PUBLIC EMPLOYEE RETIREMENT SYSTEM - Amends existing law relating to the
Public Employee Retirement System to clarify that the State Insurance Fund
and public health districts are participating employers in the unused sick
leave account.

01/11    House intro - 1st rdg - to printing
01/11    Rpt prt - to Comm/HuRes
02/02    Rpt out - rec d/p - to 2nd rdg
02/03    2nd rdg - to 3rd rdg
02/04    3rd rdg - PASSED - 68-0-1
      AYES -- Alltus, Barraclough, Barrett, Bell, Black, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Limbaugh, Linford,
      Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
      Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Stevenson, Stoicheff, Stone, Taylor,
      Tilman, Tippets, Trail, Watson, Wheeler, Williams, Wood, Zimmermann,
      Mr Speaker
      NAYS -- None
      Absent and excused -- Hornbeck
    Dist. 19, Seat A, Vacant
    Floor Sponsor - Crow
    Title apvd - to Senate
02/05    Senate intro - 1st rdg - to Com/HuRes
03/10    Rpt out - rec d/p - to 2nd rdg
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
      Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Twiggs, Wheeler, Whitworth
      Absent and excused--Parry
    Floor Sponsor - Andreason
    Title apvd - to House
03/17    To enrol
03/18    Rpt enrol - Sp signed - Pres signed
03/19    To Governor
03/23    Governor signed
         Session Law Chapter 242
         Effective: 07/01/99

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 21

                                      BY MR. SPEAKER
                     Requested by: Public Employees Retirement System

 1                                        AN ACT

 6    Be It Enacted by the Legislature of the State of Idaho:

 7        SECTION 1.  That Section 67-5339, Idaho Code, be, and the same  is  hereby
 8    amended to read as follows:

 9        67-5339.  USE OF UNUSED SICK LEAVE. (1) Upon separation from state employ-
10    ment by retirement in accordance with chapter 13, title 59 or chapter 1, title
11    33,  Idaho  Code, an employee's unused sick leave shall be determined based on
12    accumulated sick leave earned  subsequent  to  July  1,  1976,  and  shall  be
13    reported by the employer to the public employee retirement system. A sum equal
14    to  one-half  (1/2),  or  the maximum amount allowed by subsection (2) hereof,
15    whichever is the lesser, of the monetary value of such unused sick leave, cal-
16    culated at the rate of pay for such employee at the time of retirement,  shall
17    be  transferred from the sick leave account provided by subsection (3) of this
18    section and shall be credited to such employee's retirement account. Such sums
19    shall be used  by  the  Idaho    P    p  ublic    E
20       e   mployee   s         R     r
21    etirement  B  b oard  to  pay  premiums  for  such
22    group  health,  accident,  and life insurance programs as may be maintained by
23    the state, to the extent of the funds credited to the employee's account  pur-
24    suant to this section. Upon an employee's death, any unexpended sums remaining
25    in the account shall revert to the sick leave account.
26        (2)  For  the  purposes  of  determining the monetary value of unused sick
27    leave, the maximum unused sick leave which may be considered, shall be:
28        (a)  During the first ten thousand four hundred (10,400) hours of credited
29        state service, the maximum unused sick leave which may be considered shall
30        be one hundred ninety-two (192) hours;
31        (b)  During the second ten thousand four hundred (10,400) hours  of  cred-
32        ited  state service, the maximum unused sick leave which may be considered
33        shall be two hundred forty (240) hours;
34        (c)  During the third ten thousand four hundred (10,400) hours of credited
35        state service, the maximum unused sick leave which may be considered shall
36        be two hundred eighty-eight (288) hours; and
37        (d)  Thereafter, the maximum unused sick leave  which  may  be  considered
38        shall be three hundred thirty-six (336) hours.
39        (3)  Each  employer  in  state government shall contribute to a sick leave
40    account maintained by the public employee retirement  system  exclusively  for
41    the  purpose  of the provisions of this section. The rate of such contribution
42    each pay period shall consist of a percentage of employees' salaries as deter-
43    mined by the board, and such rate shall remain in effect until next determined


 1    by the board. Any excess balance in the sick leave account shall be  invested,
 2    and  the  earnings therefrom shall accrue to the sick leave account except the
 3    amount required by the board to defray  administrative  expenses.  All  moneys
 4    payable  to  the sick leave account are hereby perpetually appropriated to the
 5    board, and shall not be included in its departmental budget.   The  state
 6    insurance  fund  and  public health districts shall be considered employers in
 7    state government for purposes of participation under this section. 

Statement of Purpose / Fiscal Impact

                      STATEMENT  OF  PURPOSE
     This bill relates to participation in the unused sick leave
account created under section 67-5339, Idaho Code, that provides
that "each employer in state government" participate by making
required contributions.  The employees of participating employers
are entitled to certain benefits upon retirement.  Recent action by
the legislature has raised questions about what constitutes an
"employer in state government" for purposes of this section.  This
bill clarifies that public health districts and the state insurance
fund are employers for purposes of this section.

                         FISCAL  IMPACT
None.  Public health districts and the state insurance fund are
currently participating.

Name:     Alan Winkle
Agency:   Public Employee Retirement System 
Phone:    334-2455

Statement of Purpose/Fiscal Impact                             H 2