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First Substitute H.B. 304

Representative Melvin R. Brown proposes to substitute the following bill:


             1     
STATE EMPLOYEE SICK LEAVE

             2     
AMENDMENTS

             3     
2000 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Melvin R. Brown

             6      AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING PROVISIONS
             7      GOVERNING THE USE OF UNUSED SICK LEAVE AT RETIREMENT; AND MAKING
             8      TECHNICAL CORRECTIONS.
             9      This act affects sections of Utah Code Annotated 1953 as follows:
             10      AMENDS:
             11          67-19-14, as last amended by Chapter 64, Laws of Utah 1999
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 67-19-14 is amended to read:
             14           67-19-14. Sick leave -- Unused sick days -- Retirement program.
             15          (1) The director shall, as an incentive to reduce sick leave abuse, make rules governing
             16      procedures whereby, after an employee has accumulated 18 unused sick leave days, any sick days
             17      accumulated during any calendar year in excess of eight, at the option of that employee, may be
             18      carried as "converted sick leave" which the employee may use at a later date as annual leave,
             19      regular sick leave, or as paid-up health and medical insurance at the time of retirement on the basis
             20      of the payment by the employing department of one month's premium for each day of accumulated
             21      sick leave.
             22          (2) (a) [(i)] The director shall make rules for the governance of a retirement program.
             23          [(ii)] (b) Employing departments may offer [the] retirement [option] options to an
             24      employee.
             25          [(iii)] (c) Employee participation in any part of the retirement program shall be entirely

             26      voluntary.
             27          [(iv)] (d) An employee must be eligible for retirement benefits to qualify for the program.
             28          [(b) (i) (A)] (3) (a) When an employee retires, the program shall provide for the employee
             29      to be paid for 25% of the employee's unused accumulated sick leave at the employee's
             30      preretirement rate of pay.
             31          [(B)] (b) An employee shall have the option of having all monies from the cashout under
             32      Subsection [(b)(i)(A)] (3)(a) transferred directly to the deferred compensation plan qualified under
             33      Section 401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement
             34      Board.
             35          [(ii)] (4) The employing department shall also provide the same health and life insurance
             36      benefits the employee has at the time of retirement until the earlier of:
             37          (a) when the employee becomes eligible for Medicare[, but this benefit may not exceed];
             38      or
             39          (b) five [years' coverage] years from the date of retirement[, except as provided under
             40      Subsection (2)(c)].
             41          [(c) (i)] (5) (a) An employee [whose] who has unused sick leave, after the 25% cashout
             42      has been paid, [exceeds the 60 days maximum for five-year coverage under Subsection (2)(b),]
             43      may:
             44          (i) continue the health and life insurance, which the employee had at the time of
             45      retirement, at the rate of one month's coverage for each day of unused sick leave [above the 60
             46      days], but only to the age eligible for Medicare[. If the employee has reached the age eligible for
             47      Medicare,];
             48          (ii) continue coverage for the employee's spouse [may continue under this Subsection
             49      (2)(c)(i)] until the employee's spouse reaches the age eligible for Medicare[.] if the employee has
             50      reached the age eligible for Medicare; and
             51          [(ii) An employee and the employee's spouse who are or who later become eligible for
             52      Medicare may]
             53          (iii) purchase Medicare supplemental insurance at the rate of one month's coverage for
             54      both the employee and the employee's spouse for each day of the employee's unused sick leave if
             55      the employee and the employee's spouse have reached the age eligible for Medicare.
             56          (b) The coverages under this Subsection (5) are in addition to the coverage provided under

             57      Subsection (4).
             58          [(d)] (c) Any costs or savings for this act shall be borne by the agency and shall not be
             59      appropriated by the Legislature.
             60          [(3)] (6) (a) The director shall make rules to provide a continuation of health and dental
             61      insurance to the surviving spouse and family of any state employee whose death occurs in the line
             62      of duty. The insurance coverage shall continue for a period of five years or until the surviving
             63      spouse becomes eligible for Medicare, whichever comes first.
             64          (b) The rules shall also provide for the use of accumulated sick leave in the same manner
             65      as provided under [Subsection (2)(b)] Subsections (3) and (4).
             66          (c) The costs of paying for the benefits under [Subsections (3)(a) and (b)] this Subsection
             67      (6) shall be included in the agency's budget request each year following the date of death of the
             68      employee.

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