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H0105aa.....................................by COMMERCE AND HUMAN RESOURCES
PERSI - SICK LEAVE - Amends existing law to revise the limit on unused
sick leave which is transferred to an employee's retirement account upon
separation from a state employer by retirement.
02/05 House intro - 1st rdg - to printing
02/06 Rpt prt - to Com/HuRes
03/01 Rpt out - to Gen Ord
03/05 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/08 3rd rdg as amen - PASSED - 60-9-1
AYES -- Anderson, Andrus, Bayer, Bedke, Bilbao, Black, Block, Bock,
Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
Edmunson, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson,
Jaquet, Killen, King, Kren, Labrador, Lake, Loertscher, Marriott,
Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence,
Raybould, Ring, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass,
Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
Speaker
NAYS -- Barrett, Bell, Chavez, Chew, Durst, LeFavour, Luker,
Pasley-Stuart, Ringo
Absent and excused -- Smith(24)
Floor Sponsor - Lake
Title apvd - to Senate
03/09 Senate intro - 1st rdg - to Com/HuRes
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 31-0-4
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway,
Stegner, Werk
NAYS -- None
Absent and excused -- Burkett, Gannon, Malepeai, Stennett
Floor Sponsor - Coiner
Title apvd - to House
03/20 To enrol - Rpt enrol - Sp signed
03/21 Pres signed - To Governor
03/27 Governor VETOED
03/28 Held at Desk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 105
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5333, IDAHO CODE,
3 TO REMOVE THE LIMIT ON UNUSED SICK LEAVE WHICH IS TRANSFERRED TO AN
4 EMPLOYEE'S RETIREMENT ACCOUNT UPON SEPARATION FROM STATE EMPLOYMENT BY
5 RETIREMENT; AND TO PROVIDE AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-5333, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-5333. SICK LEAVE. (1) Sick leave shall be computed as follows:
10 (a) The rate per hour at which sick leave shall accrue to classified
11 officers and employees earning credited state service shall be at the rate
12 represented by the proportion 96/2080. Sick leave shall accrue without
13 limit, and shall be transferable from department to department.
14 (b) Sick leave shall not accrue to any officer or employee on any kind of
15 leave of absence without pay, suspension without pay or layoff. Sick leave
16 shall accrue while an officer or employee is on approved leave with pay,
17 on approved vacation leave, on approved military leave with pay, and on
18 approved sick leave, but not when compensatory time or earned administra-
19 tive leave is taken.
20 (c) All accrued sick leave shall be forfeited at the time of separation
21 from state service and no officer or employee shall be reimbursed for
22 accrued sick leave at the time of separation, except as provided in sub-
23 section (2) of this section. If such officer or employee returns to cred-
24 ited state service within three (3) years of such separation, all sick
25 leave credits accrued at the time of separation shall be reinstated,
26 except to the extent that unused sick leave was utilized for the purposes
27 specified in subsection (2) of this section.
28 (d) Sick leave shall be taken on a workday basis. Regularly scheduled
29 days off and officially designated holidays falling within a period of
30 sick leave shall not be counted against sick leave. Sick leave shall not
31 be taken in advance of being earned.
32 (e) In cases where absences for sick leave exceed three (3) consecutive
33 working days, the appointing authority may require verification by a phy-
34 sician or other authorized practitioner.
35 (f) If an absence for illness or injury extends beyond the sick leave
36 accrued to the credit of the officer or employee, the officer or employee
37 may be granted leave without pay.
38 (g) The administrator shall prescribe additional requirements for sick
39 leave for classified officers and employees on a part-time or irregular
40 schedule, for maintaining sick leave records, for funeral leave, and such
41 other applicable purposes as necessary.
42 (2) Unused sick leave may be used as follows:
43 (a) Upon separation from state employment by retirement in accordance
2
1 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an
2 employee's unused sick leave shall be determined based on accumulated sick
3 leave earned subsequent to July 1, 1976, and shall be reported by the
4 employer to the public employee retirement system. Upon separation from
5 state employment by retirement in accordance with chapter 20, title 1,
6 Idaho Code, an employee's unused sick leave shall be determined based on
7 accumulated sick leave earned subsequent to July 1, 2000, and shall be
8 reported by the employer to the public employee retirement system. A sum
9 equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of
10 this subsection (2), whichever is the lesser, of the monetary value of
11 such unused sick leave, calculated at the rate of pay for such employee at
12 the time of retirement, as determined by the retirement board, shall be
13 transferred from the sick leave account provided by paragraph (c) of this
14 subsection (2) and shall be credited to such employee's retirement
15 account. Such sums shall be used by the Idaho public employee retirement
16 board to pay premiums, subject to applicable federal tax limits, for such
17 group health, dental, vision, long-term care, prescription drug and life
18 insurance programs as may be maintained by the state, to the extent of the
19 funds credited to the employee's account pursuant to this section. Upon an
20 employee's death, any unexpended sums remaining in the account shall
21 revert to the sick leave account.
22 (b) For the purposes of determining the monetary value of unused sick
23 leave, the maximum unused sick leave which may be considered, shall be:
24 (i) During the first ten thousand four hundred (10,400) hours of
25 credited state service, the maximum unused sick leave which may be
26 considered shall be four hundred twenty (420) hours;
27 (ii) During the second ten thousand four hundred (10,400) hours of
28 credited state service, the maximum unused sick leave which may be
29 considered shall be four hundred eighty (480) hours;
30 (iii) During the third ten thousand four hundred (10,400) hours of
31 credited state service, the maximum unused sick leave which may be
32 considered shall be five hundred forty (540) hours; and
33 (iv) Thereafter, the maximum unused sick leave which may be consid-
34 ered shall be six hundred (600) hours.
35 (c) Each employer in state government shall contribute to a sick leave
36 account maintained by the public employee retirement system exclusively
37 for the purpose of the provisions of this section. The rate of such con-
38 tribution each pay period shall consist of a percentage of employees' sal-
39 aries as determined by the board, and such rate shall remain in effect
40 until next determined by the board. Any excess balance in the sick leave
41 account shall be invested, and the earnings therefrom shall accrue to the
42 sick leave account except the amount required by the board to defray
43 administrative expenses. All moneys payable to the sick leave account are
44 hereby perpetually appropriated to the board, and shall not be included in
45 its departmental budget. The state insurance fund and public health dis-
46 tricts shall be considered employers in state government for purposes of
47 participation under this section.
48 SECTION 2. This act shall be in full force and effect on and after July
49 1, 2007, and shall apply to all state employees who separate from state
50 employment by retirement on or after July 1, 2007. State employees who sepa-
51 rate from state employment before July 1, 2007, shall have the provisions of
52 Section 67-5333, Idaho Code, in effect on June 30, 2007, apply to them.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
Moved by Lake
Seconded by Bradford
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 105
1 AMENDMENTS TO SECTION 1
2 On page 2 of the printed bill, delete lines 9 and 10 and insert: "equal to
3 one-half (1/2), or the maximum amount allowed by paragraph (b) of this subsec-
4 tion (2), whichever is the lesser, of the monetary value of"; and delete lines
5 22 through 35 and insert:
6 "(b) For the purposes of determining the monetary value of unused sick
7 leave, the maximum unused sick leave which may be considered, shall be:
8 (i) During the first ten thousand four hundred (10,400) hours of
9 credited state service, the maximum unused sick leave which may be
10 considered shall be four hundred twenty eighty (420480) hours;
11 (ii) During the second ten thousand four hundred (10,400) hours of
12 credited state service, the maximum unused sick leave which may be
13 considered shall be four five hundred eighty forty (480540) hours;
14 (iii) During the third ten thousand four hundred (10,400) hours of
15 credited state service, the maximum unused sick leave which may be
16 considered shall be five six hundred forty (540600) hours; and
17 (iv) Thereafter, the maximum unused sick leave which may be consid-
18 ered shall be six hundred sixty (600660) hours.
19 (c) Each employer in state government shall contribute to a sick leave".
20 CORRECTION TO TITLE
21 On page 1, in line 3, delete "REMOVE" and insert: "REVISE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 105, As Amended
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO THE STATE PERSONNEL SYSTEM; AMENDING SECTION 67-5333, IDAHO CODE,
3 TO REVISE THE LIMIT ON UNUSED SICK LEAVE WHICH IS TRANSFERRED TO AN
4 EMPLOYEE'S RETIREMENT ACCOUNT UPON SEPARATION FROM STATE EMPLOYMENT BY
5 RETIREMENT; AND TO PROVIDE AN EFFECTIVE DATE.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 67-5333, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 67-5333. SICK LEAVE. (1) Sick leave shall be computed as follows:
10 (a) The rate per hour at which sick leave shall accrue to classified
11 officers and employees earning credited state service shall be at the rate
12 represented by the proportion 96/2080. Sick leave shall accrue without
13 limit, and shall be transferable from department to department.
14 (b) Sick leave shall not accrue to any officer or employee on any kind of
15 leave of absence without pay, suspension without pay or layoff. Sick leave
16 shall accrue while an officer or employee is on approved leave with pay,
17 on approved vacation leave, on approved military leave with pay, and on
18 approved sick leave, but not when compensatory time or earned administra-
19 tive leave is taken.
20 (c) All accrued sick leave shall be forfeited at the time of separation
21 from state service and no officer or employee shall be reimbursed for
22 accrued sick leave at the time of separation, except as provided in sub-
23 section (2) of this section. If such officer or employee returns to cred-
24 ited state service within three (3) years of such separation, all sick
25 leave credits accrued at the time of separation shall be reinstated,
26 except to the extent that unused sick leave was utilized for the purposes
27 specified in subsection (2) of this section.
28 (d) Sick leave shall be taken on a workday basis. Regularly scheduled
29 days off and officially designated holidays falling within a period of
30 sick leave shall not be counted against sick leave. Sick leave shall not
31 be taken in advance of being earned.
32 (e) In cases where absences for sick leave exceed three (3) consecutive
33 working days, the appointing authority may require verification by a phy-
34 sician or other authorized practitioner.
35 (f) If an absence for illness or injury extends beyond the sick leave
36 accrued to the credit of the officer or employee, the officer or employee
37 may be granted leave without pay.
38 (g) The administrator shall prescribe additional requirements for sick
39 leave for classified officers and employees on a part-time or irregular
40 schedule, for maintaining sick leave records, for funeral leave, and such
41 other applicable purposes as necessary.
42 (2) Unused sick leave may be used as follows:
43 (a) Upon separation from state employment by retirement in accordance
2
1 with chapter 13, title 59 or chapter 1, title 33, Idaho Code, an
2 employee's unused sick leave shall be determined based on accumulated sick
3 leave earned subsequent to July 1, 1976, and shall be reported by the
4 employer to the public employee retirement system. Upon separation from
5 state employment by retirement in accordance with chapter 20, title 1,
6 Idaho Code, an employee's unused sick leave shall be determined based on
7 accumulated sick leave earned subsequent to July 1, 2000, and shall be
8 reported by the employer to the public employee retirement system. A sum
9 equal to one-half (1/2), or the maximum amount allowed by paragraph (b) of
10 this subsection (2), whichever is the lesser, of the monetary value of
11 such unused sick leave, calculated at the rate of pay for such employee at
12 the time of retirement, as determined by the retirement board, shall be
13 transferred from the sick leave account provided by paragraph (c) of this
14 subsection (2) and shall be credited to such employee's retirement
15 account. Such sums shall be used by the Idaho public employee retirement
16 board to pay premiums, subject to applicable federal tax limits, for such
17 group health, dental, vision, long-term care, prescription drug and life
18 insurance programs as may be maintained by the state, to the extent of the
19 funds credited to the employee's account pursuant to this section. Upon an
20 employee's death, any unexpended sums remaining in the account shall
21 revert to the sick leave account.
22 (b) For the purposes of determining the monetary value of unused sick
23 leave, the maximum unused sick leave which may be considered, shall be:
24 (i) During the first ten thousand four hundred (10,400) hours of
25 credited state service, the maximum unused sick leave which may be
26 considered shall be four hundred twenty eighty (420480) hours;
27 (ii) During the second ten thousand four hundred (10,400) hours of
28 credited state service, the maximum unused sick leave which may be
29 considered shall be four five hundred eighty forty (480540) hours;
30 (iii) During the third ten thousand four hundred (10,400) hours of
31 credited state service, the maximum unused sick leave which may be
32 considered shall be five six hundred forty (540600) hours; and
33 (iv) Thereafter, the maximum unused sick leave which may be consid-
34 ered shall be six hundred sixty (600660) hours.
35 (c) Each employer in state government shall contribute to a sick leave
36 account maintained by the public employee retirement system exclusively
37 for the purpose of the provisions of this section. The rate of such con-
38 tribution each pay period shall consist of a percentage of employees' sal-
39 aries as determined by the board, and such rate shall remain in effect
40 until next determined by the board. Any excess balance in the sick leave
41 account shall be invested, and the earnings therefrom shall accrue to the
42 sick leave account except the amount required by the board to defray
43 administrative expenses. All moneys payable to the sick leave account are
44 hereby perpetually appropriated to the board, and shall not be included in
45 its departmental budget. The state insurance fund and public health dis-
46 tricts shall be considered employers in state government for purposes of
47 participation under this section.
48 SECTION 2. This act shall be in full force and effect on and after July
49 1, 2007, and shall apply to all state employees who separate from state
50 employment by retirement on or after July 1, 2007. State employees who sepa-
51 rate from state employment before July 1, 2007, shall have the provisions of
52 Section 67-5333, Idaho Code, in effect on June 30, 2007, apply to them.
Reprint Reprint Reprint Reprint Reprint Reprint
STATEMENT OF PURPOSE
RS 16758
This legislation would increase the formula limiting the unused
sick leave that can be transferred to an employee's retirement
account by sixty (60) hours. The sum can only be used to pay
premiums for group health, accident or life insurance in programs
maintained by the state, thus encouraging employees to only use
sick leave for the purpose for which is was established.
FISCAL NOTE
This will require an increase of the state employer contribution
rate to 0.70% of pay from 0.65% of pay, an increase of 0.05% of pay.
The estimated cost increase will be $175,100.00 from general
funds and $214,000.00 from dedicated funds.
Contact
Name: Vickie Patterson, Idaho Public Employees Association
Phone: (208) 321-7464
STATEMENT OF PURPOSE/FISCAL NOTE H 105