1999 Legislation
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SENATE BILL NO. 1199 – Teacher, early retirement, when


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Daily Data Tracking History

S1199..........................................................by EDUCATION
TEACHERS - RETIREMENT - Amends existing law relating to the early
retirement incentive for certificated employees to provide a special
application for an otherwise qualified certificated employee who becomes
medically unable to work.

02/15    Senate intro - 1st rdg - to printing
02/16    Rpt prt - to Educ
02/25    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/02    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 - Lee
    Title apvd - to House
03/03    House intro - 1st rdg - to Educ
03/11    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 65-0-5
      AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
      Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney,
      Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd,
      Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher,
      Marley, McKague, Meyer(Duncan), Montgomery, Mortensen, Moyle,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Smith, Smylie, Stevenson, Stoicheff, Stone,
      Taylor, Tilman, Tippets, Trail, Watson, Williams, Wood, Zimmermann
      NAYS -- None
      Absent and excused -- Black, Gagner, Mader, Wheeler, Mr Speaker
    Floor Sponsor - Hammond
    Title apvd - to Senate
03/17    To enrol - rpt enrol - Pres signed
03/18    Sp signed
03/19    To Governor
03/24    Governor signed
         Session Law Chapter 335
         Effective: 01/01/98

Bill Text


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

                                      IN THE SENATE

                                   SENATE BILL NO. 1199

                                  BY EDUCATION COMMITTEE

 1                                        AN ACT

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

 6        SECTION 1.  That Section 33-1004G, Idaho Code, be, and the same is  hereby
 7    amended to read as follows:

 8        33-1004G.  EARLY  RETIREMENT  INCENTIVE. (1) Each certificated employee of
 9    an Idaho public school district as defined in section 33-1001 13., Idaho Code,
10    is eligible for an early retirement incentive, provided they meet the  follow-
11    ing criteria:
12        (a)  The  employee has completed a minimum of ten (10) years of continuous
13        full-time certified employment in Idaho public  school  districts  at  the
14        time of application.
15        (b)  The employee is not eligible for unreduced service, early or disabil-
16        ity  retirement from the public employee retirement system of Idaho at the
17        time of application.
18        (c)  The employee is fifty-five (55) years old before  August  15  of  the
19        year the  application is made.
20        (d)  The  employee submits his/her application to the state superintendent
21        of public instruction on or before April 1 of the  year of application.
22        (e)  The employee is contracted with an Idaho public school  district  for
23        the  entire  school  year  during the year of application and has not been
24        terminated or on a leave of absence for the  current  or  upcoming  school
25        year.
26        (2)  (a) Full-time  qualifying  applicants shall receive as a one (1) time
27        incentive the following amount of the  employee's qualifying salary  allo-
28        cation as provided in section 33-1004E, Idaho Code:
29        at 55 years of age            55% of allocation
30        at 56 years of age            50% of allocation
31        at 57 years of age            45% of allocation
32        at 58 years of age            40% of allocation
33        at 59 years of age            30% of allocation
34        at 60 years of age            30% of allocation
35        at 61 years of age            20% of allocation
36        at 62 years of age            20% of allocation
37        at 63 years of age and over    0% of allocation
38        (b)  Certified  employees  working  less than full-time in the application
39        year will have the incentive payment prorated according to their full-time
40        equivalent (FTE) percentage.
41        (c)  Incentive payments for certified employees not placed on the  experi-
42        ence    and  education  multiplier  table as provided in section 33-1004A,
43        Idaho Code, will be calculated using the BA column of the table.


 1        (3)  Incentives and the employer's share of FICA benefits shall be paid by
 2    the state department of education to the Idaho  public  school  district  with
 3    which  the  applicant  was last contracted on or before July 31 of the year of
 4    application and acceptance.
 5        (4)  Incentives shall be considered additional compensation  flowing  from
 6    the  employment relationship and subject to federal and state tax laws. Incen-
 7    tives shall not be considered salary for  purposes  of  the   public  employee
 8    retirement system.
 9        (5)  Any  employee  receiving an early retirement incentive as provided in
10    this section shall not be eligible for future employment with an Idaho  school
11    district  where  such employment would again qualify him/her for participation
12    in the state retirement system.
13        (6)  Any applicant choosing to withdraw their application must notify  the
14    state  superintendent  of public instruction in writing no later than  June 20
15    in the year of application.
16         (7)  A special application of the early retirement  incentive  shall
17    supercede  the  limitations  of this section to the extent necessary to comply
18    with this subsection. An otherwise qualified certificated employee who becomes
19    medically unable to work prior to July 1 of any  year  shall  be  eligible  to
20    apply  for  the  early  retirement incentive for which the employee would have
21    been eligible retroactive to April 1. 

22        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
23    declared to exist, this act shall be in full force and effect on and after its
24    passage and approval, and retroactively to January 1, 1998.

Statement of Purpose / Fiscal Impact



                         STATEMENT OF PURPOSE
                              RS 09043C1
                Early Retirement of Certified Employees

The purpose of this legislation is to extend the teachers'
early retirement application deadline from April l to July 1 of
any year if a teacher becomes medically unable to work during
that time period.

                              FISCAL NOTE

There will no fiscal impact on the General Fund. Existing
appropriations will cover the few teachers who might become medically
unable to work between April 1 and July 1 of any year.

CONTACT: Senator Robert R. Lee
                                    STATEMENT OF PURPOSE/ FISCAL NOTE  Bill No. S1199

           REVISED        REVISED        REVISED REVISED