Senate Bill 0910

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    Florida Senate - 2000                                   SB 910

    By Senator McKay





    26-371-00

  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; providing

  9         conditions on the use of sick leave; amending

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

11         certain employees of district school systems

12         may earn for unused vacation leave upon

13         termination of employment; prohibiting the

14         consideration of unused vacation leave for

15         retirement purposes; amending s. 240.343, F.S.;

16         providing for community college district boards

17         of trustees to adopt rules allowing payment for

18         unused sick leave into pretax retirement

19         accounts; limiting the amount of pay certain

20         employees of community college districts may

21         receive for unused sick leave upon termination

22         of employment; providing conditions on the use

23         of sick leave; providing an effective date.

24

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

26

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

28  231.40, Florida Statutes, is amended to read:

29         231.40  Sick leave.--

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

31  provisions shall govern sick leave:

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    Florida Senate - 2000                                   SB 910
    26-371-00




  1         (a)  Extent of leave.--

  2         1.  Each member of the instructional staff employed on

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

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

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

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

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

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

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

10  first month of employment of each contract year and shall

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

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

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

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

15  member of the instructional staff and each other employee

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

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

18  employment.  If the employee terminates his or her employment

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

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

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

22  leave shall be taken only when necessary because of sickness

23  as herein prescribed.  Such sick leave shall be cumulative

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

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

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

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

28  within the district granting such leave.

29         2.  A school board may establish policies and prescribe

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

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

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    Florida Senate - 2000                                   SB 910
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  1  personal reasons shall be charged only to accrued sick leave,

  2  and leave for personal reasons shall be noncumulative.

  3         3.  District school boards are authorized to adopt

  4  rules permitting the annual payment for accumulated sick leave

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

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

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

  8  payment is received shall be deducted from the accumulated

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

10  district school board other than instructional staff or an

11  educational support employee as defined in this section, in

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

13  contributed annually by the employer, upon request by the

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

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

16  compliance with federal tax laws and regulations. Such annual

17  payment may apply only to instructional staff and educational

18  support employees.

19         4.  A school board may establish policies to provide

20  terminal pay for accumulated sick leave to instructional staff

21  and educational support employees of the district school

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

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

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

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

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

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

28  accumulated sick leave.

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

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

31  accumulated sick leave.

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    Florida Senate - 2000                                   SB 910
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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, 2000, 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  2000; however, a previously established contract renewed on or

28  after July 1, 2000, shall be considered a new contract.

29         b.  For unused sick leave accumulated before prior to

30  July 1, 2000 1995, terminal payment shall be made pursuant to

31

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    Florida Senate - 2000                                   SB 910
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  1  a district school board's policies, contracts, or rules that

  2  which are in effect on June 30, 2000 July 1, 1995.

  3         c.  Employees must use all sick leave earned before

  4  July 1, 2000, before using sick leave earned on or after July

  5  1, 2000.

  6         d.  If an employee has an accumulated sick leave

  7  balance of 60 days or more prior to July 1, 2000, sick leave

  8  earned after that date may not be accumulated for terminal pay

  9  purposes until the accumulated leave balance for leave earned

10  before July 1, 2000, is less than 60 days.

11         Section 2.  Section 231.481, Florida Statutes, is

12  amended to read:

13         231.481  Terminal pay for accrued vacation leave.--A

14  district school board may establish policies to provide for a

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

16  the school board upon termination of employment or upon

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

18  terminated by death. Effective July 1, 2000 1995, terminal pay

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

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

21  This limit does not impair any contractual agreement

22  established before July 1, 2000.  For unused vacation leave

23  accumulated before July 1, 2000, terminal payment shall be

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

25  contracts, or rules that are in effect on June 30, 2000. The

26  payments made for accumulated annual leave under this section

27  may not be considered under any state-administered retirement

28  system as salary payments and may not be used in determining

29  the average final compensation of an employee under a

30  state-administered retirement system.

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    Florida Senate - 2000                                   SB 910
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  1         Section 3.  Paragraph (e) of subsection (2) of section

  2  240.343, Florida Statutes, is amended, and paragraph (f) is

  3  added to that subsection, to read:

  4         240.343  Sick leave.--Each community college district

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

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

  7  college on account of personal sickness, accident disability,

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

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

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

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

12  absent from work shall be granted leave of absence for

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

14  representative.  The following provisions shall govern sick

15  leave:

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

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

18  staff or educational support employees, the board of trustees

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

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

21  paid into an approved pretax retirement account. The amount

22  paid annually into a pretax retirement account may not exceed

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

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

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

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

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

28  has the option to participate provided the amount of sick

29  leave for which payment is made into a pretax retirement

30  account shall be deducted from the employee's accumulated

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

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    Florida Senate - 2000                                   SB 910
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  1  rules or policies to provide terminal pay for accumulated sick

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

  3  than instructional staff or educational support employees as

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

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

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

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

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

  9  determined as follows:

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

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

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

13  days of actual payment.

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

15  1995, terminal payment shall be made pursuant to a board of

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

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

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

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

20  instructional staff or educational support employees. If

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

22  terminal pay to which the employee may have been entitled

23  shall be made to the employee's beneficiary.

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

25  2000, terminal payment shall be made pursuant to rules or

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

27  30, 2000.

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

29  1, 2000, terminal payment may not exceed an amount equal to

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

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

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    Florida Senate - 2000                                   SB 910
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  1         3.  If the employee has an accumulated sick leave

  2  balance of 60 days or more on June 30, 2000, sick leave earned

  3  after that date may not be accumulated for terminal pay

  4  purposes until the accumulated leave balance as of June 30,

  5  2000, falls below 60 days.

  6         4.  The employee must use all sick leave earned before

  7  July 1, 2000, before using sick leave earned on or after that

  8  date.

  9         Section 4.  This act shall take effect July 1, 2000.

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11            *****************************************

12                          SENATE SUMMARY

13    Provides that, for district school board employees other
      than instructional staff or educational support
14    employees, payment for unused sick leave may be paid into
      an approved pretax annuity; authorizes community college
15    boards to provide by rule for similar payments for their
      employees other than instructional or educational support
16    employees.  Imposes limits on terminal pay for unused
      sick or vacation leave for specified employees of school
17    districts and for unused sick leave for specified
      employees of community college districts. Provides
18    conditions for the use of sick leave earned after July 1,
      2000. Prohibits the consideration of unused annual leave
19    in determining compensation for retirement purposes.

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