2003 Legislation
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HOUSE BILL NO. 320 – Teacher, early retiremnt, exlusions

HOUSE BILL NO. 320

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              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.

Amendment


                                                                        
                                                                        
  ||||              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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ||||              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 / Fiscal Impact



                       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