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S.B. 25 Enrolled

                 

RETIREMENT - USE OF SICK LEAVE AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Michael G. Waddoups

                  AN ACT RELATING TO STATE OFFICERS AND EMPLOYEES; MODIFYING THE
                  UNUSED SICK LEAVE AND RETIREMENT PROGRAMS; AND PROVIDING AN
                  EFFECTIVE DATE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      67-19-14, as last amended by Chapter 338, Laws of Utah 1998
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 67-19-14 is amended to read:
                       67-19-14. Sick leave -- Unused sick days -- Retirement program.
                      (1) The director shall, as an incentive to reduce sick leave abuse, make rules governing
                  procedures whereby, after an employee has accumulated 18 unused sick leave days, any sick days
                  accumulated during any calendar year in excess of eight, at the option of that employee, may be
                  carried as "converted sick leave" which the employee may use at a later date as annual leave,
                  regular sick leave, or as paid-up health and medical insurance at the time of retirement on the basis
                  of the payment by the employing department of one month's premium for each day of accumulated
                  sick leave.
                      (2) (a) (i) The director shall make rules for the governance of [an early] a retirement
                  program.
                      (ii) Employing departments may offer [an early] the retirement option to an employee.
                      (iii) Employee participation in any part of the [early] retirement program shall be entirely
                  voluntary.
                      (iv) An employee must be eligible for retirement benefits to qualify for the program.
                      (b) (i) (A) [The] When an employee retires, the program shall provide for [an] the
                  employee to be paid for 25% of the employee's unused accumulated sick leave at the employee's
                  preretirement rate of pay.


                      (B) An employee shall have the option of having all monies from the cashout under
                  Subsection (b)(i)(A) transferred directly to the deferred compensation plan qualified under Section
                  401(k) of the Internal Revenue Code which is sponsored by the Utah State Retirement Board.
                      (ii) The employing department shall also provide the same health and life insurance benefits
                  the employee has at the time of retirement until the employee becomes eligible for Medicare, but this
                  benefit may not [to] exceed five years' coverage from the date of retirement, except as provided
                  under Subsection (2)(c).
                      (c) (i) An employee [under the age of 60,] whose unused sick leave, after the 25% cashout
                  has been paid, exceeds the 60 days maximum for five-year coverage under Subsection (2)(b), may
                  continue the health and life insurance, which the employee had at the time of retirement, at the rate
                  of one month's coverage for each day of unused sick leave above the 60 days, but only to the age
                  eligible for Medicare. If the employee has reached the age eligible for Medicare, coverage for the
                  employee's spouse may continue under this Subsection (2)(c)(i) until the employee's spouse reaches
                  the age eligible for Medicare.
                      (ii) An employee and the employee's spouse who are or who later become eligible for
                  Medicare may purchase Medicare supplemental insurance at the rate of one month's coverage for
                  each day of the employee's unused sick leave.
                      (d) Any costs or savings for this act shall be borne by the agency and shall not be
                  appropriated by the Legislature.
                      (3) (a) The director shall make rules to provide a continuation of health and dental insurance
                  to the surviving spouse and family of any state employee whose death occurs in the line of duty. The
                  insurance coverage shall continue for a period of five years or until the surviving spouse becomes
                  eligible for Medicare, whichever comes first.
                      (b) The rules shall also provide for [a cashout of 25%] the use of accumulated sick leave in
                  the same manner as provided under Subsection (2)(b).
                      (c) The costs of paying for the benefits under Subsections (3)(a) and (b) shall be included
                  in the agency's budget request each year following the date of death of the employee.
                      Section 2. Effective date.

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                      This act takes effect on July 1, 1999.

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