Senate Bill 0802c2

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    Florida Senate - 1999                     CS for CS for SB 802

    By the Committees on Governmental Oversight and Productivity;
    Education; and Senator McKay




    302-1823A-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         retirement accounts; limiting the amount of pay

17         certain employees of community college

18         districts may receive for unused sick leave

19         upon termination of employment; providing an

20         effective date.

21

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

23

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

25  231.40, Florida Statutes, 1998 Supplement, is amended to read:

26         231.40  Sick leave.--

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

28  provisions shall govern sick leave:

29         (a)  Extent of leave.--

30         1.  Each member of the instructional staff employed on

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

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    Florida Senate - 1999                     CS for CS for SB 802
    302-1823A-99




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

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

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

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

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

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

  7  first month of employment of each contract year and shall

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

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

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

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

12  member of the instructional staff and each other employee

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

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

15  employment.  If the employee terminates his or her employment

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

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

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

19  leave shall be taken only when necessary because of sickness

20  as herein prescribed.  Such sick leave shall be cumulative

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

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

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

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

25  within the district granting such leave.

26         2.  A school board may establish policies and prescribe

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

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

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

30  and leave for personal reasons shall be noncumulative.

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    Florida Senate - 1999                     CS for CS for SB 802
    302-1823A-99




  1         3.  District school boards are authorized to adopt

  2  rules permitting the annual payment for accumulated sick leave

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

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

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

  6  payment is received shall be deducted from the accumulated

  7  leave balance. However, for any full-time employee of the

  8  district school board other than instructional staff or an

  9  educational support employee as defined in this section, in

10  lieu of such authorized cash payment, that same amount may be

11  contributed annually by the employer, upon request by the

12  employee, to an approved pretax retirement account in the name

13  of the employee, pursuant to rules of the school board and in

14  compliance with federal tax laws and regulations. Such annual

15  payment may apply only to instructional staff and educational

16  support employees.

17         4.  A school board may establish policies to provide

18  terminal pay for accumulated sick leave to instructional staff

19  and educational support employees of the district school

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

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

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

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

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

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

26  accumulated sick leave.

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

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

29  accumulated sick leave.

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    Florida Senate - 1999                     CS for CS for SB 802
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  1         c.  During the next 3 years of service, the daily rate

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

  3  accumulated sick leave.

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

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

  6  accumulated sick leave.

  7         e.  During and after the 13th year of service, the

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

  9  of days of accumulated sick leave.

10         5.  A school board may establish policies to provide

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

12  employee of the district school board other than instructional

13  staff or educational support employees as defined in this

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

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

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

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

18  1, 1995, Terminal pay shall not exceed an amount determined as

19  follows:

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

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

22  allowable for such accumulated sick leave shall not exceed a

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

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

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

26  impair any contractual agreement established before July 1,

27  1999; however, a previously established contract renewed on or

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

29         b.  For unused sick leave accumulated before prior to

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

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    Florida Senate - 1999                     CS for CS for SB 802
    302-1823A-99




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

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

  3         Section 2.  Section 231.481, Florida Statutes, is

  4  amended to read:

  5         231.481  Terminal pay for accrued vacation leave.--A

  6  district school board may establish policies to provide for a

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

  8  the school board upon termination of employment or upon

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

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

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

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

13  This limit does not impair any contractual agreement

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

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

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

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

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

19  240.343, Florida Statutes, is amended, and paragraph (f) is

20  added to that subsection, to read:

21         240.343  Sick leave.--Each community college district

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

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

24  college on account of personal sickness, accident disability,

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

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

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

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

29  absent from work shall be granted leave of absence for

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

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    Florida Senate - 1999                     CS for CS for SB 802
    302-1823A-99




  1  representative.  The following provisions shall govern sick

  2  leave:

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

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

  5  staff or educational support employees, the board of trustees

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

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

  8  paid into an approved pretax retirement account. The amount

  9  paid annually into a pretax retirement account may not exceed

10  an amount equal to 80 percent of the accumulated sick leave

11  multiplied by the employee's daily rate of pay for the time

12  the sick leave was accumulated. Such payments must be made

13  pursuant to the rules of the board of trustees and must comply

14  with federal tax law. An employee eligible under such rules

15  has the option to participate provided the amount of sick

16  leave for which payment is made into a pretax retirement

17  account shall be deducted from the employee's accumulated

18  unused sick leave balance. A board of trustees may establish

19  rules or policies to provide terminal pay for accumulated sick

20  leave to any full-time employee of a community college other

21  than instructional staff or educational support employees as

22  defined in this section. If termination of employment is by

23  death of the employee, any terminal pay to which the employee

24  may have been entitled may be made to the employee's

25  beneficiary.  However, for such employees hired on or after

26  July 1, 1995, terminal pay shall not exceed an amount

27  determined as follows:

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

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

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

31  days of actual payment.

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    Florida Senate - 1999                     CS for CS for SB 802
    302-1823A-99




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

  2  1995, terminal payment shall be made pursuant to a board of

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

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

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

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

  7  instructional staff or educational support employees. If

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

  9  terminal pay to which the employee may have been entitled

10  shall be made to the employee's beneficiary.

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

12  1999, terminal payment shall be made pursuant to rules or

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

14  30, 1999.

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

16  1, 1999, terminal payment may not exceed an amount equal to

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

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

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

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21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                          CS for SB 802

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24  The bill provides a nomenclature change for the word
    "annuity."
25
    The bill provides conforming language for district school
26  boards and community college boards regarding those eligible
    for pretax retirement accounts.
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