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H0318.............................................................by EDUCATION
TEACHERS - EARLY RETIREMENT - Amends existing law to phase out the early
retirement incentive program for certificated employees of public school
districts over a period of two years.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to Educ
03/07 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/12 3rd rdg - FAILED - 32-36-2
AYES -- Barraclough, Barrett, Bauer, Bell, Black, Block, Bradford,
Cannon, Clark, Collins, Deal, Denney, Eberle, Field(23), Gagner,
Garrett, Harwood, Kulczyk, Lake, Langford, cGeachin, McKague, Moyle,
Nielsen, Roberts, Rydalch, Sali, Schaefer, Stevenson, Tilman, Wood, Mr.
Speaker
NAYS -- Andersen, Bieter, Boe, Bolz, Campbell, Cuddy, Douglas, Edmunson,
Ellsworth, Eskridge, Field(18), Henbest, Jaquet, Jones, Kellogg,
Langhorst(Wallace), Martinez, Meyer, Miller, Mitchell, Naccarato,
Raybould, Ridinger, Ring, Ringo, Robison, Sayler, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Trail, Wills
Absent and excused -- Bedke, Crow
Floor Sponsor - Lake
Filed w/Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 318
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO EARLY RETIREMENT INCENTIVES FOR CERTIFICATED EMPLOYEES OF PUBLIC
3 SCHOOL DISTRICTS; AMENDING SECTION 33-1004G, IDAHO CODE, TO PROVIDE THAT
4 THE CURRENT SCHEDULE FOR CALCULATING AN EMPLOYEE'S EARLY RETIREMENT INCEN-
5 TIVE SHALL BE EFFECTIVE THROUGH JUNE 30, 2004, AND TO PROVIDE A REVISED
6 SCHEDULE FOR CALCULATING AN EMPLOYEE'S EARLY RETIREMENT INCENTIVE EFFEC-
7 TIVE ON AND AFTER JULY 1, 2004; REPEALING SECTION 33-1004G, IDAHO CODE;
8 AND PROVIDING EFFECTIVE DATES.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 33-1004G, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 33-1004G. EARLY RETIREMENT INCENTIVE. (1) Each certificated employee of
13 an Idaho public school district as defined in section 33-1001 16., Idaho Code,
14 is eligible for an early retirement incentive, provided they meet the follow-
15 ing criteria:
16 (a) The employee has completed a minimum of ten (10) years of continuous
17 full-time certified employment, which may include time spent on a sabbati-
18 cal leave, in Idaho public school districts at the time of application.
19 (b) The employee is not eligible for unreduced service, early or disabil-
20 ity retirement from the public employee retirement system of Idaho at the
21 time of application.
22 (c) The employee is fifty-five (55) years old before September 1 of the
23 year the application is made; provided that persons turning fifty-six (56)
24 years old or greater between August 15 and 31, 2000, will be eligible to
25 receive the retirement incentive option percentage provided in this sec-
26 tion that reflects their age on August 15, 2000.
27 (d) The employee submits his/her application to the state superintendent
28 of public instruction on or before April 1 of the year of application.
29 (e) The employee is contracted with an Idaho public school district for
30 the entire school year during the year of application and has not been
31 terminated or on a leave of absence for the current or upcoming school
32 year.
33 (2) (a) Effective through June 30, 2004, fFull-time qualifying applicants
34 shall receive as a one (1) time incentive the following amount of the
35 employee's qualifying salary allocation as provided in section 33-1004E,
36 Idaho Code:
37 at 55 years of age 55% of allocation
38 at 56 years of age 50% of allocation
39 at 57 years of age 45% of allocation
40 at 58 years of age 40% of allocation
41 at 59 years of age 30% of allocation
42 at 60 years of age 30% of allocation
43 at 61 years of age 20% of allocation
2
1 at 62 years of age 20% of allocation
2 at 63 years of age and over 0% of allocation
3 (b) Effective July 1, 2004 through June 30, 2005, full-time qualifying
4 applicants shall receive as a one (1) time incentive the following amount
5 of the employee's qualifying salary allocation as provided in section
6 33-1004E, Idaho Code:
7 at 55 years of age 30% of allocation
8 at 56 years of age 25% of allocation
9 at 57 years of age 25% of allocation
10 at 58 years of age 20% of allocation
11 at 59 years of age 15% of allocation
12 at 60 years of age 15% of allocation
13 at 61 years of age 10% of allocation
14 at 62 years of age 10% of allocation
15 at 63 years of age and over 0% of allocation
16 (c) Certified employees working less than full-time in the application
17 year will have the incentive payment prorated according to their full-time
18 equivalent (FTE) percentage.
19 (cd) Incentive payments for certified employees not placed on the experi-
20 ence and education multiplier table as provided in section 33-1004A, Idaho
21 Code, will be calculated using the BA column of the table.
22 (3) Incentives and the employer's share of FICA benefits shall be paid by
23 the state department of education to the Idaho public school district with
24 which the applicant was last contracted on or before July 31 of the year of
25 application and acceptance.
26 (4) Incentives shall be considered additional compensation flowing from
27 the employment relationship and subject to federal and state tax laws. Incen-
28 tives shall not be considered salary for purposes of the public employee
29 retirement system.
30 (5) Any employee receiving an early retirement incentive as provided in
31 this section shall not be eligible for future employment with an Idaho school
32 district where such employment would again qualify him/her for participation
33 in the state retirement system.
34 (6) Any applicant choosing to withdraw their application must notify the
35 state superintendent of public instruction in writing no later than June 20 in
36 the year of application.
37 (7) A special application of the early retirement incentive shall super-
38 sede the limitations of this section to the extent necessary to comply with
39 this subsection. An otherwise qualified certificated employee who becomes med-
40 ically unable to work prior to July 1 of any year shall be eligible to apply
41 for the early retirement incentive for which the employee would have been eli-
42 gible retroactive to April 1.
43 SECTION 2. That Section 33-1004G, Idaho Code, be, and the same is hereby
44 repealed.
45 SECTION 3. Section 1 of this act shall be in full force and effect on and
46 after July 1, 2003. Section 2 of this act shall be in full force and effect on
47 and after July 1, 2005.
STATEMENT OF PURPOSE
RS 13112
This legislation will phase out over two years the early
retirement incentive that is paid to certificated employees of an
Idaho School District as provided in Chapter 33-1004G of the
Idaho Code.
FISCAL IMPACT
None to the general fund.
The impact on the revenue distribution in the Public School budget
will depend on the experience factor, age and how many choose early
retirement in 2003 (paid in fiscal year 2004) and 2004 (paid in fiscal
year 2005). Fiscal year 2006 and thereafter this legislation should
provide increases in the discretionary funds going to school
districts.
Contact
Name: Rep. Dennis Lake
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 318