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H.B. 304
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STATE EMPLOYEE SICK LEAVE
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AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Melvin R. Brown
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AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING PROVISIONS
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GOVERNING THE USE OF UNUSED SICK LEAVE AT RETIREMENT; AND MAKING
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TECHNICAL CORRECTIONS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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67-19-14, as last amended by Chapter 64, Laws of Utah 1999
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
67-19-14
is amended to read:
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67-19-14. Sick leave -- Unused sick days -- Retirement program.
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(1) The director shall, as an incentive to reduce sick leave abuse, make rules governing
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procedures whereby, after an employee has accumulated 18 unused sick leave days, any sick days
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accumulated during any calendar year in excess of eight, at the option of that employee, may be
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carried as "converted sick leave" which the employee may use at a later date as annual leave,
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regular sick leave, or as paid-up health and medical insurance at the time of retirement on the basis
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of the payment by the employing department of one month's premium for each day of accumulated
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sick leave.
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(2) (a) (i) The director shall make rules for the governance of a retirement program.
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(ii) Employing departments may offer [the] retirement [option] options to an employee.
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(iii) Employee participation in any part of the retirement program shall be entirely
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voluntary.
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(iv) An employee must be eligible for retirement benefits to qualify for the program.
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(b) (i) [(A)] When an employee retires, the program shall provide for the employee to be
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paid for 25% of the employee's unused accumulated sick leave at the employee's preretirement rate
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of pay.
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[(B)] (ii) An employee shall have the option of having all monies from the cashout under
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Subsection (2)(b)(i)[(A)] transferred directly to the deferred compensation plan qualified under
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Section 401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement
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Board.
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[(ii) The employing department shall also provide the same health and life insurance
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benefits the employee has at the time of retirement until the employee becomes eligible for
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Medicare, but this benefit may not exceed five years' coverage from the date of retirement, except
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as provided under Subsection (2)(c).]
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(c) (i) An employee [whose] who has unused sick leave, after the 25% cashout has been
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paid, [exceeds the 60 days maximum for five-year coverage under Subsection (2)(b),] may
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continue the health and life insurance, which the employee had at the time of retirement, at the rate
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of one month's coverage for each day of unused sick leave [above the 60 days, but only to the age
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eligible for Medicare]. If the employee has reached the age eligible for Medicare, coverage for the
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employee's spouse may continue under this Subsection (2)(c)(i) until the employee's spouse
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reaches the age eligible for Medicare.
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(ii) [An] When an employee and the employee's spouse [who are or who later become
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eligible for Medicare may purchase Medicare supplemental insurance at the rate of one month's
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coverage for each day of the employee's unused sick leave] both reach the age to be eligible for
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Medicare, one day of the employee's sick leave may be used to purchase one month's coverage of
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Medicare supplemental insurance.
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(d) (i) If an employee does not have any sick leave at the time of retirement, the employing
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department shall also provide the same health and life insurance benefits the employee has at the
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time of retirement until the employee becomes eligible for Medicare.
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(ii) The benefit under Subsection (2)(d)(i) may not exceed five years coverage from the
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date of retirement.
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[(d)] (e) Any costs or savings for this act shall be borne by the agency and shall not be
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appropriated by the Legislature.
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(3) (a) The director shall make rules to provide a continuation of health and dental
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insurance to the surviving spouse and family of any state employee whose death occurs in the line
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of duty. The insurance coverage shall continue for a period of five years or until the surviving
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spouse becomes eligible for Medicare, whichever comes first.
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(b) The rules shall also provide for the use of accumulated sick leave in the same manner
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as provided under Subsection (2)(b).
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(c) The costs of paying for the benefits under Subsections (3)(a) and (b) shall be included
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in the agency's budget request each year following the date of death of the employee.
Legislative Review Note
as of 2-10-00 5:12 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.