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H0320aa........................................................by EDUCATION
TEACHERS - EARLY RETIREMENT - Amends existing law to provide that
administrative staff of public schools shall not be allowed to participate
in the early retirement incentive program.
03/04 House intro - 1st rdg - to printing
03/05 Rpt prt - to Educ
04/10 Rpt out - to Gen Ord
04/14 Rpt out amen - to engros
04/15 Rpt engros - 1st rdg - to 2nd rdg as amen
04/16 2nd rdg - to 3rd rdg as amen
04/17 3rd rdg as amen - PASSED - 64-2-4
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Block, Boe, Bolz, Bradford(Larsen), Campbell, Cannon, Clark,
Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Ellsworth,
Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Henbest,
Jaquet, Jones, Kellogg, Lake, Langford, Langhorst, Martinez,
McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nielsen,
Raybould, Ridinger, Ring(Roberge), Roberts, Robison, Rydalch, Sali,
Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30),
Smith(24)(Frost), Smylie, Snodgrass, Stevenson, Tilman, Trail(Young),
Wood
NAYS -- Ringo, Wills
Absent and excused -- Edmunson, Kulczyk, Naccarato, Mr. Speaker
Floor Sponsors - Snodgrass & Jaquet
Title apvd - to Senate
04/18 Senate intro - 1st rdg - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 320
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 ADMINISTRATIVE AND SUPERVISORY STAFF SHALL BE EXCLUDED FROM PARTICIPATION
5 IN THE EARLY RETIREMENT INCENTIVE PROGRAM.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-1004G, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE AND SUPERVISORY
10 STAFF EXCLUDED. (1) Except as provided in subsection (8) of this section,
11 eEach certificated employee of an Idaho public school district as defined in
12 section 33-1001 16., Idaho Code, is eligible for an early retirement incen-
13 tive, provided they meet the following criteria:
14 (a) The employee has completed a minimum of ten (10) years of continuous
15 full-time certified employment, which may include time spent on a sabbati-
16 cal leave, in Idaho public school districts at the time of application.
17 (b) The employee is not eligible for unreduced service, early or disabil-
18 ity retirement from the public employee retirement system of Idaho at the
19 time of application.
20 (c) The employee is fifty-five (55) years old before September 1 of the
21 year the application is made; provided that persons turning fifty-six (56)
22 years old or greater between August 15 and 31, 2000, will be eligible to
23 receive the retirement incentive option percentage provided in this sec-
24 tion that reflects their age on August 15, 2000.
25 (d) The employee submits his/her application to the state superintendent
26 of public instruction on or before April 1 of the year of application.
27 (e) The employee is contracted with an Idaho public school district for
28 the entire school year during the year of application and has not been
29 terminated or on a leave of absence for the current or upcoming school
30 year.
31 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
32 incentive the following amount of the employee's qualifying salary allo-
33 cation as provided in section 33-1004E, Idaho Code:
34 at 55 years of age 55% of allocation
35 at 56 years of age 50% of allocation
36 at 57 years of age 45% of allocation
37 at 58 years of age 40% of allocation
38 at 59 years of age 30% of allocation
39 at 60 years of age 30% of allocation
40 at 61 years of age 20% of allocation
41 at 62 years of age 20% of allocation
42 at 63 years of age and over 0% of allocation
43 (b) Certified employees working less than full-time in the application
2
1 year will have the incentive payment prorated according to their full-time
2 equivalent (FTE) percentage.
3 (c) Incentive payments for certified employees not placed on the experi-
4 ence and education multiplier table as provided in section 33-1004A, Idaho
5 Code, will be calculated using the BA column of the table.
6 (3) Incentives and the employer's share of FICA benefits shall be paid by
7 the state department of education to the Idaho public school district with
8 which the applicant was last contracted on or before July 31 of the year of
9 application and acceptance.
10 (4) Incentives shall be considered additional compensation flowing from
11 the employment relationship and subject to federal and state tax laws. Incen-
12 tives shall not be considered salary for purposes of the public employee
13 retirement system.
14 (5) Any employee receiving an early retirement incentive as provided in
15 this section shall not be eligible for future employment with an Idaho school
16 district where such employment would again qualify him/her for participation
17 in the state retirement system.
18 (6) Any applicant choosing to withdraw their application must notify the
19 state superintendent of public instruction in writing no later than June 20 in
20 the year of application.
21 (7) A special application of the early retirement incentive shall super-
22 sede the limitations of this section to the extent necessary to comply with
23 this subsection. An otherwise qualified certificated employee who becomes med-
24 ically unable to work prior to July 1 of any year shall be eligible to apply
25 for the early retirement incentive for which the employee would have been eli-
26 gible retroactive to April 1.
27 (8) Administrative and supervisory staff shall not be allowed to partici-
28 pate in the early retirement incentive program as provided in this section and
29 such staff are hereby excluded from participation in the program.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Snodgrass
Seconded by Lake
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 320
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 9, delete "AND SUPERVISORY"; and on
3 page 2, in line 27, delete "and supervisory".
4 AMENDMENT TO BILL
5 On page 2, following line 29, insert:
6 "SECTION 2. This act shall be in full force and effect on and after Sep-
7 tember 1, 2003.".
8 CORRECTION TO TITLE
9 On page 1, in line 4, delete "AND SUPERVISORY", and in line 5, following
10 "PROGRAM" insert: "; AND PROVIDING AN EFFECTIVE DATE".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 320, As Amended
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 ADMINISTRATIVE STAFF SHALL BE EXCLUDED FROM PARTICIPATION IN THE EARLY
5 RETIREMENT INCENTIVE PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 33-1004G, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 33-1004G. EARLY RETIREMENT INCENTIVE -- ADMINISTRATIVE STAFF EXCLUDED.
10 (1) Except as provided in subsection (8) of this section, eEach certificated
11 employee of an Idaho public school district as defined in section 33-1001 16.,
12 Idaho Code, is eligible for an early retirement incentive, provided they meet
13 the following criteria:
14 (a) The employee has completed a minimum of ten (10) years of continuous
15 full-time certified employment, which may include time spent on a sabbati-
16 cal leave, in Idaho public school districts at the time of application.
17 (b) The employee is not eligible for unreduced service, early or disabil-
18 ity retirement from the public employee retirement system of Idaho at the
19 time of application.
20 (c) The employee is fifty-five (55) years old before September 1 of the
21 year the application is made; provided that persons turning fifty-six (56)
22 years old or greater between August 15 and 31, 2000, will be eligible to
23 receive the retirement incentive option percentage provided in this sec-
24 tion that reflects their age on August 15, 2000.
25 (d) The employee submits his/her application to the state superintendent
26 of public instruction on or before April 1 of the year of application.
27 (e) The employee is contracted with an Idaho public school district for
28 the entire school year during the year of application and has not been
29 terminated or on a leave of absence for the current or upcoming school
30 year.
31 (2) (a) Full-time qualifying applicants shall receive as a one (1) time
32 incentive the following amount of the employee's qualifying salary allo-
33 cation as provided in section 33-1004E, Idaho Code:
34 at 55 years of age 55% of allocation
35 at 56 years of age 50% of allocation
36 at 57 years of age 45% of allocation
37 at 58 years of age 40% of allocation
38 at 59 years of age 30% of allocation
39 at 60 years of age 30% of allocation
40 at 61 years of age 20% of allocation
41 at 62 years of age 20% of allocation
42 at 63 years of age and over 0% of allocation
43 (b) Certified employees working less than full-time in the application
2
1 year will have the incentive payment prorated according to their full-time
2 equivalent (FTE) percentage.
3 (c) Incentive payments for certified employees not placed on the experi-
4 ence and education multiplier table as provided in section 33-1004A, Idaho
5 Code, will be calculated using the BA column of the table.
6 (3) Incentives and the employer's share of FICA benefits shall be paid by
7 the state department of education to the Idaho public school district with
8 which the applicant was last contracted on or before July 31 of the year of
9 application and acceptance.
10 (4) Incentives shall be considered additional compensation flowing from
11 the employment relationship and subject to federal and state tax laws. Incen-
12 tives shall not be considered salary for purposes of the public employee
13 retirement system.
14 (5) Any employee receiving an early retirement incentive as provided in
15 this section shall not be eligible for future employment with an Idaho school
16 district where such employment would again qualify him/her for participation
17 in the state retirement system.
18 (6) Any applicant choosing to withdraw their application must notify the
19 state superintendent of public instruction in writing no later than June 20 in
20 the year of application.
21 (7) A special application of the early retirement incentive shall super-
22 sede the limitations of this section to the extent necessary to comply with
23 this subsection. An otherwise qualified certificated employee who becomes med-
24 ically unable to work prior to July 1 of any year shall be eligible to apply
25 for the early retirement incentive for which the employee would have been eli-
26 gible retroactive to April 1.
27 (8) Administrative staff shall not be allowed to participate in the early
28 retirement incentive program as provided in this section and such staff are
29 hereby excluded from participation in the program.
30 SECTION 2. This act shall be in full force and effect on and after Sep-
31 tember 1, 2003.
STATEMENT OF PURPOSE
RS 13124
The legislation amends Section 33-10046, Idaho Code to provide
that administrative and supervisory staff shall be excluded from
participation in the early retirement incentive program. It will
allow the original intent of the author of HB 526 to provide for
an early retirement incentive for teachers to be continued.
FISCAL IMPACT
The fiscal impact is indeterminable due to annual changes in the
number of applicants who qualify. Net fiscal impact based on
2002-2003, would have been a savings of approximately $750,000.
Contact: Wendy Jaquet
Phone: 1130
Contact: Mark Snodgrass
Phone: 1261
STATEMENT OF PURPOSE/FISCAL NOTE H 320