Senate Bill 0802c1

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    Florida Senate - 1999                            CS for SB 802

    By the Committee on Education and Senator McKay





    304-1697-99

  1                      A bill to be entitled

  2         An act relating to education; amending s.

  3         231.40, F.S.; providing for payment into pretax

  4         annuities for accumulated sick leave to certain

  5         employees of district school systems; limiting

  6         the amount of pay certain employees of district

  7         school systems may receive for unused sick

  8         leave upon termination of employment; amending

  9         s. 231.481, F.S.; limiting the amount of pay

10         certain employees of district school systems

11         may earn for unused vacation leave upon

12         termination of employment; amending s. 240.343,

13         F.S.; providing for community college district

14         boards of trustees to adopt rules allowing

15         payment for unused sick leave into pretax

16         annuities; limiting the amount of pay certain

17         employees of community college districts may

18         receive for unused sick leave upon termination

19         of employment; providing an effective date.

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21  Be It Enacted by the Legislature of the State of Florida:

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23         Section 1.  Paragraph (a) of subsection (3) of section

24  231.40, Florida Statutes, 1998 Supplement, is amended to read:

25         231.40  Sick leave.--

26         (3)  PROVISIONS GOVERNING SICK LEAVE.--The following

27  provisions shall govern sick leave:

28         (a)  Extent of leave.--

29         1.  Each member of the instructional staff employed on

30  a full-time basis shall be entitled to 4 days of sick leave as

31  of the first day of employment of each contract year and shall

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    Florida Senate - 1999                            CS for SB 802
    304-1697-99




  1  thereafter earn 1 day of sick leave for each month of

  2  employment, which shall be credited to the member at the end

  3  of that month and which shall not be used prior to the time it

  4  is earned and credited to the member.  Each other employee

  5  shall be credited with 4 days of sick leave at the end of the

  6  first month of employment of each contract year and shall

  7  thereafter be credited for 1 day of sick leave for each month

  8  of employment, which shall be credited to the employee at the

  9  end of the month and which shall not be used prior to the time

10  it is earned and credited to the employee.  However, each

11  member of the instructional staff and each other employee

12  shall be entitled to earn no more than 1 day of sick leave

13  times the number of months of employment during the year of

14  employment.  If the employee terminates his or her employment

15  and has not accrued the 4 sick days available to him or her,

16  the school board may withhold the average daily amount for the

17  sick days used utilized but unearned by the employee. Such

18  leave shall be taken only when necessary because of sickness

19  as herein prescribed.  Such sick leave shall be cumulative

20  from year to year.  There shall be no limit on the number of

21  days of sick leave which a member of the instructional staff

22  or an educational support employee may accrue, except that at

23  least one-half of this cumulative leave must be established

24  within the district granting such leave.

25         2.  A school board may establish policies and prescribe

26  standards to permit an employee to be absent 6 days each

27  school year for personal reasons. However, such absences for

28  personal reasons shall be charged only to accrued sick leave,

29  and leave for personal reasons shall be noncumulative.

30         3.  District school boards are authorized to adopt

31  rules permitting the annual payment for accumulated sick leave

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    Florida Senate - 1999                            CS for SB 802
    304-1697-99




  1  that is earned for that year and that is unused at the end of

  2  the school year, based on the daily rate of pay of the

  3  employee multiplied by up to 80 percent.  Days for which such

  4  payment is received shall be deducted from the accumulated

  5  leave balance. Such annual payment may apply only to

  6  instructional staff and educational support employees, except

  7  that, for any district school board employee classified as an

  8  "administrator," in lieu of such authorized cash payment that

  9  same amount may be contributed annually by the employer, upon

10  request by the employee, to an approved pretax annuity in the

11  name of the employee, pursuant to rules of the school board

12  and in compliance with federal tax laws and regulations.

13         4.  A school board may establish policies to provide

14  terminal pay for accumulated sick leave to instructional staff

15  and educational support employees of the district school

16  board.  If termination of employment is by death of the

17  employee, any terminal pay to which the employee may have been

18  entitled may be made to his or her beneficiary. However, such

19  terminal pay shall not exceed an amount determined as follows:

20         a.  During the first 3 years of service, the daily rate

21  of pay multiplied by 35 percent times the number of days of

22  accumulated sick leave.

23         b.  During the next 3 years of service, the daily rate

24  of pay multiplied by 40 percent times the number of days of

25  accumulated sick leave.

26         c.  During the next 3 years of service, the daily rate

27  of pay multiplied by 45 percent times the number of days of

28  accumulated sick leave.

29         d.  During the next 3 years of service, the daily rate

30  of pay multiplied by 50 percent times the number of days of

31  accumulated sick leave.

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    Florida Senate - 1999                            CS for SB 802
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  1         e.  During and after the 13th year of service, the

  2  daily rate of pay multiplied by 100 percent times the number

  3  of days of accumulated sick leave.

  4         5.  A school board may establish policies to provide

  5  terminal pay for accumulated sick leave to any full-time

  6  employee of the district school board other than instructional

  7  staff or educational support employees as defined in this

  8  section.  If termination of the employee is by death of the

  9  employee, any terminal pay to which the employee may have been

10  entitled may be made to the employee's beneficiary.

11         a.  However, for such employees hired on or after July

12  1, 1995, Terminal pay shall not exceed an amount determined as

13  follows:

14         a.  one-fourth of all unused sick leave accumulated on

15  or after July 1, 1999, and may 1995; however, terminal pay

16  allowable for such accumulated sick leave shall not exceed a

17  maximum of 60 days of actual payment, in addition to the total

18  amount of any disbursements that have been made at the end of

19  each year pursuant to subparagraph 3.  This limit does not

20  impair any contractual agreement established before July 1,

21  1999; however, a previously established contract renewed on or

22  after July 1, 1999, shall be considered a new contract.

23         b.  For unused sick leave accumulated before prior to

24  July 1, 1999 1995, terminal payment shall be made pursuant to

25  a district school board's policies, contracts, or rules that

26  which are in effect on June 30, 1999 July 1, 1995.

27         Section 2.  Section 231.481, Florida Statutes, is

28  amended to read:

29         231.481  Terminal pay for accrued vacation leave.--A

30  district school board may establish policies to provide for a

31  lump-sum payment for accrued vacation leave to an employee of

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    Florida Senate - 1999                            CS for SB 802
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  1  the school board upon termination of employment or upon

  2  retirement, or to the employee's beneficiary if service is

  3  terminated by death. Effective July 1, 1999 1995, terminal pay

  4  for accrued vacation leave may not exceed a maximum of 60 days

  5  of actual payment for employees hired on or after that date.

  6  This limit does not impair any contractual agreement

  7  established before July 1, 1999.  For unused vacation leave

  8  accumulated before July 1, 1999, terminal payment shall be

  9  made pursuant to the district school board's policies,

10  contracts, or rules that are in effect on June 30, 1999.

11         Section 3.  Paragraph (e) of subsection (2) of section

12  240.343, Florida Statutes, is amended, and paragraph (f) is

13  added to that subsection, to read:

14         240.343  Sick leave.--Each community college district

15  board of trustees shall adopt rules whereby any full-time

16  employee who is unable to perform his or her duties at the

17  college on account of personal sickness, accident disability,

18  or extended personal illness, or because of illness or death

19  of the employee's father, mother, brother, sister, husband,

20  wife, child, or other close relative or member of the

21  employee's own household, and who consequently has to be

22  absent from work shall be granted leave of absence for

23  sickness by the president or by the president's designated

24  representative.  The following provisions shall govern sick

25  leave:

26         (2)  EXTENT OF LEAVE WITH COMPENSATION.--

27         (e)  For full-time employees other than instructional

28  staff or educational support employees, the board of trustees

29  may, by rule, authorize accumulated sick leave that is earned

30  during the year and is unused at the end of that year to be

31  paid into an approved pretax annuity. The amount paid annually

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    Florida Senate - 1999                            CS for SB 802
    304-1697-99




  1  into a pretax annuity may not exceed an amount equal to 80

  2  percent of the accumulated sick leave multiplied by the

  3  employee's daily rate of pay for the time the sick leave was

  4  accumulated. Such payments must be made pursuant to the rules

  5  of the board of trustees and must comply with federal tax law.

  6  An employee eligible under such rules has the option to

  7  participate provided the amount of sick leave for which

  8  payment is made into a pretax annuity shall be deducted from

  9  the employee's accumulated unused sick leave balance. A board

10  of trustees may establish rules or policies to provide

11  terminal pay for accumulated sick leave to any full-time

12  employee of a community college other than instructional staff

13  or educational support employees as defined in this section.

14  If termination of employment is by death of the employee, any

15  terminal pay to which the employee may have been entitled may

16  be made to the employee's beneficiary.  However, for such

17  employees hired on or after July 1, 1995, terminal pay shall

18  not exceed an amount determined as follows:

19         1.  One-fourth of all unused sick leave accumulated on

20  or after July 1, 1995; however, terminal pay allowable for

21  such accumulated sick leave shall not exceed a maximum of 60

22  days of actual payment.

23         2.  For unused sick leave accumulated prior to July 1,

24  1995, terminal payment shall be made pursuant to a board of

25  trustees' policies which are in effect on July 1, 1995.

26         (f)  The board of trustees may, by rule, provide for

27  terminal pay for accumulated unused sick leave to be paid to

28  any full-time employee of a community college, other than

29  instructional staff or educational support employees. If

30  termination of employment is by death of the employee, any

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    Florida Senate - 1999                            CS for SB 802
    304-1697-99




  1  terminal pay to which the employee may have been entitled

  2  shall be made to the employee's beneficiary.

  3         1.  For unused sick leave accumulated before July 1,

  4  1999, terminal payment shall be made pursuant to rules or

  5  policies of the board of trustees which are in effect on June

  6  30, 1999.

  7         2.  For unused sick leave accumulated on or after July

  8  1, 1999, terminal payment may not exceed an amount equal to

  9  one-fourth of the employee's unused sick leave or 60 days of

10  the employee's pay, whichever amount is less.

11         Section 4.  This act shall take effect July 1, 1999.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                              SB 802

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16  Terminal pay for unused vacation leave accumulated before July
    1, 1999, to district school board employees would be made
17  according to policies, contracts, or rules in effect on June
    30, 1999. Terminal pay for unused sick leave accumulated
18  before July 1, 1999, to school board employees other than
    instructional staff or educational support staff would be made
19  according to policies, contracts, or rules in effect on June
    30, 1999.
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