2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 70A - FINANCIAL AND OTHER PROVISIONS FOR PUBLIC OFFICERS AND EMPLOYEES
70A.23 - CREDIT FOR ACCRUED SICK LEAVE.

        70A.23  CREDIT FOR ACCRUED SICK LEAVE.
         1.  For purposes of this section:
         a.  "Eligible retirement system" means a retirement system
      authorized under chapter 97A or 97B, including the teachers insurance
      and annuity association-college retirement equities fund (TIAA-CREF).

         b.  "Eligible state employee" means a state employee eligible
      to receive retirement benefits under an eligible retirement system.
         2.  An eligible state employee, excluding an employee covered
      under a collective bargaining agreement which provides otherwise, who
      retires and has applied for retirement benefits under an eligible
      retirement system, or who dies while in active employment, shall be
      credited with the number of accrued days of sick leave of the
      employee.  The employee, or the employee's estate, shall receive a
      cash payment of the monetary value of the employee's accrued sick
      leave balance, not to exceed two thousand dollars.  The value of the
      employee's accrued sick leave balance shall be calculated by
      multiplying the number of hours of accrued sick leave by the
      employee's regular hourly rate of pay at the time of retirement.
         3. a.  An eligible state employee, excluding an employee
      covered under a collective bargaining agreement which provides
      otherwise or an employee of the state board of regents, who retires
      and receives a payment as provided in subsection 2 shall be entitled
      to elect to have the employee's available remaining value of sick
      leave used to pay the state share for the employee's continuation of
      state group health insurance coverage pursuant to the requirements of
      this subsection.
         b.  An eligible state employee's available remaining value of
      sick leave shall be calculated as follows:
         (1)  If the employee's accrued sick leave balance prior to payment
      as provided in subsection 2 is seven hundred fifty hours or less,
      sixty percent of the value of the remaining accrued sick leave
      balance.
         (2)  If the employee's accrued sick leave balance prior to payment
      as provided in subsection 2 is one thousand five hundred hours or
      less but more than seven hundred fifty hours, eighty percent of the
      value of the remaining accrued sick leave balance.
         (3)  If the employee's accrued sick leave balance prior to payment
      as provided in subsection 2 is more than one thousand five hundred
      hours, one hundred percent of the value of the remaining accrued sick
      leave balance.
         c.  An eligible state employee's available remaining value of
      sick leave shall be available to pay for that portion of the
      employee's state group health insurance premium that would otherwise
      be paid for by the state if the employee were still a state employee.
      The benefits provided for in this subsection have no cash value and
      are not transferable to any other person, including the retiree's
      spouse.  Payment of state group health insurance premiums pursuant to
      this subsection continues until the earliest of when the eligible
      state employee's available remaining value of sick leave is
      exhausted, the employee otherwise becomes eligible for federal
      Medicare program benefits, or the employee dies.  In addition, an
      employee electing benefits pursuant to this subsection who is
      reinstated or reemployed in a permanent full-time or permanent
      part-time position within state government forfeits any remaining
      benefits for payment of state group health insurance benefits, and
      such employee is not eligible for restoration of the unused sick
      leave accrued during the employee's prior employment with the state.

         4.  Notwithstanding any provision of this section to the contrary,
      peace officers employed within the department of public safety and
      the department of natural resources that are not covered under a
      collective bargaining agreement shall have a sick leave conversion
      program extended to them that is equivalent to the sick leave
      conversion program negotiated under chapter 20 between the state and
      the state police officers council labor union for peace officers.  In
      addition, an employee of the department of public safety or the
      department of natural resources who has earned benefits of payment of
      premiums under a collective bargaining agreement and who becomes a
      manager or supervisor and is no longer covered by the agreement shall
      not lose the benefits of payment of premiums earned while covered by
      the agreement.  The payment shall be calculated by multiplying the
      number of hours of accumulated, unused sick leave by the employee's
      hourly rate of pay at the time of retirement.  

         Section History: Early Form

         [C79, 81, § 79.23; 82 Acts, ch 1184, § 1] 

         Section History: Recent Form

         84 Acts, ch 1146, § 1; 88 Acts, ch 1158, §9
         C93, § 70A.23
         2003 Acts, ch 108, §22; 2006 Acts, ch 1020, §2; 2006 Acts, ch
      1185, §116
         Referred to in § 70A.1, 80.42, 602.1401, 602.11102 

         Footnotes

         Sick leave and vacation incentive and other early termination
      programs; reports to general assembly; 2001 Acts, 2nd Ex, ch 5, §3,
      4, 8; 2002 Acts, 2nd Ex, ch 1001, §50--52; 2004 Acts, ch 1035, § 1, 3