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S1338.......................................by COMMERCE AND HUMAN RESOURCES
STATE EMPLOYEES - Amends existing law to delete the limit on unused sick
leave which shall be transferred to the employee's retirement account.
02/16 Senate intro - 1st rdg - to printing
02/17 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1338
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO PERSONNEL SYSTEM; AMENDING SECTION 67-5339, IDAHO CODE,
3 TO STRIKE THE LIMIT ON UNUSED SICK LEAVE WHICH SHALL BE TRANSFERRED TO THE
4 EMPLOYEE'S RETIREMENT ACCOUNT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 67-5339, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 67-5339. USE OF UNUSED SICK LEAVE. (1) Upon separation from state employ-
9 ment by retirement in accordance with chapter 13, title 59 or chapter 1, title
10 33, Idaho Code, an employee's unused sick leave shall be determined based on
11 accumulated sick leave earned subsequent to July 1, 1976, and shall be
12 reported by the employer to the public employee retirement system. Upon sepa-
13 ration from state employment by retirement in accordance with chapter 20,
14 title 1, Idaho Code, an employee's unused sick leave shall be determined based
15 on accumulated sick leave earned subsequent to July 1, 2000, and shall be
16 reported by the employer to the public employee retirement system. A sum equal
17 to one-half (1/2), or the maximum amount allowed by subsection (2) of this
18 section, whichever is the lesser, of the monetary value of such unused sick
19 leave, calculated at the rate of pay for such employee at the time of retire-
20 ment, shall be transferred from the sick leave account provided by subsection
21 (32) of this section and shall be credited to such employee's retirement
22 account. Such sums shall be used by the Idaho public employee retirement board
23 to pay premiums for such group health, accident, and life insurance programs
24 as may be maintained by the state, to the extent of the funds credited to the
25 employee's account pursuant to this section. Upon an employee's death, any
26 unexpended sums remaining in the account shall revert to the sick leave
27 account.
28 (2) For the purposes of determining the monetary value of unused sick
29 leave, the maximum unused sick leave which may be considered, shall be:
30 (a) During the first ten thousand four hundred (10,400) hours of credited
31 state service, the maximum unused sick leave which may be considered shall
32 be four hundred twenty (420) hours;
33 (b) During the second ten thousand four hundred (10,400) hours of cred-
34 ited state service, the maximum unused sick leave which may be considered
35 shall be four hundred eighty (480) hours;
36 (c) During the third ten thousand four hundred (10,400) hours of credited
37 state service, the maximum unused sick leave which may be considered shall
38 be five hundred forty (540) hours; and
39 (d) Thereafter, the maximum unused sick leave which may be considered
40 shall be six hundred (600) hours.
41 (3) Each employer in state government shall contribute to a sick leave
42 account maintained by the public employee retirement system exclusively for
43 the purpose of the provisions of this section. The rate of such contribution
2
1 each pay period shall consist of a percentage of employees' salaries as deter-
2 mined by the board, and such rate shall remain in effect until next determined
3 by the board. Any excess balance in the sick leave account shall be invested,
4 and the earnings therefrom shall accrue to the sick leave account except the
5 amount required by the board to defray administrative expenses. All moneys
6 payable to the sick leave account are hereby perpetually appropriated to the
7 board, and shall not be included in its departmental budget. The state insur-
8 ance fund and public health districts shall be considered employers in state
9 government for purposes of participation under this section.
STATEMENT OF PURPOSE
RS 13947
The Purpose of this legislation is to remove the cap on sick leave
by striking the limit on unused sick leave which shall be
transferred to the state employees retirement account.
FISCAL IMPACT
Employer would pay .4% of pay. Cost to General Account. 1 million
320 thousand.
Contact
Name: Vicki Patterson, Patterson & Associates
Phone: 321-7464
Senator John Andreason
STATEMENT OF PURPOSE/FISCAL NOTE S 1338