Citations Affected: IC 4-15; IC 5-10-8.
Synopsis: State teacher retirement; state employee grievances.
Requires that appropriations to support the state employees appeals
commission be made by a separate line item. Provides an optional
arbitration procedure for state employee grievances. Requires the state
to provide a group health insurance program to retired state employees
who were employed as teachers at certain state institutions and who
participated in a state retirement fund: (1) for 15 years; or (2) ten years
immediately preceding retirement. Changes the requirements for a
retired state employee to participate in a group health insurance plan
by: (1) reducing the number of years of creditable employment before
the employee's retirement date from 20 to 15; and (2) eliminating the
requirement that the employee participate in a retirement plan at least
15 years before the employee's retirement date. Changes the name of
the state employees appeals commission to the state employees and
educators appeals commission, and gives the commission additional
duties. Makes conforming changes.
Effective: July 1, 2006.
January 10, 2006, read first time and referred to Committee on Employment and Labor.
A BILL FOR AN ACT to amend the Indiana Code concerning
the commission are mandatory and are not appealable except
as provided under IC 4-15-2-35.
(2) To make, alter, or repeal rules by a majority vote of its members for the purpose of conducting the business of the commission, in accordance with the provisions of IC 4-22-2.
(3) To recommend to the personnel director such changes, additions, or deletions to personnel policy which the
commission feels would be beneficial and desirable.
(4) To adopt an official seal and prescribe the purposes for which the seal shall be used.
(5) To hold hearings and make inquiries as the commission considers necessary to carry out properly its function and powers.
(6) To meet and exercise its powers at any place in Indiana.
(7) To conduct a proceeding, a hearing, an investigation, an inquiry, or an election necessary to the performance of the commission's functions at any place in Indiana. The commission may designate one (1) of its members or an agent as a hearing examiner for any purpose of the duties of this subdivision. The commission may use voluntary and uncompensated services as needed.
(8) To appoint staff and attorneys as necessary for the proper performance of the commission's duties. An attorney appointed under this subdivision may appear for and represent the commission in court at the direction of the commission.
(9) To pay the reasonable and necessary traveling and other expenses of:
(A) an employee;
(B) a member; or
(C) an agent;
of the commission.
(A) issue subpoenas for the:
(1) appearance of witnesses; and
(2) production of books, papers, records, and documents that may be needed as evidence;
in a matter under inquiry; and
(B) administer oaths and affirmations.
In a case of neglect or refusal to obey a subpoena issued to a person, the circuit or superior court of the county in which the investigation or the public hearing is taking place, upon
application by the commission, shall issue an order requiring
the person to appear before the commission and produce
evidence about the matter under investigation. A failure to
obey the order may be punished by the court as contempt. A
subpoena, a notice of hearing, or another process of the
commission shall be served in the manner prescribed by the
Indiana Rules of Trial Procedure.
(A) publish; and
(B) report in full;
an opinion in a case decided by the commission.
(12) To issue an interlocutory or final order as considered appropriate in the administration of:
(A) IC 4-15-2-35; and
(B) IC 20-23-16-41.
(13) To issue an annual report to the governor.
(14) To record a proceeding before:
(A) the commission;
(B) an administrative law judge for the commission; or
(C) a hearing examiner for the commission.
JULY 1, 2006]: Sec. 35. (a) This section does not apply to an employee
who has been suspended or terminated by the ethics commission.
(b) Any regular employee may file a complaint if the employee's status of employment is involuntarily changed or if the employee deems conditions of employment to be unsatisfactory. However, the complaint procedure shall be initiated as soon as possible after the occurrence of the act or condition complained of and in no event shall be initiated more than thirty (30) calendar days after the employee is notified of a change in the status of employment or after an unsatisfactory condition of employment is created. Failure to initiate the complaint procedure within this time period shall render the complaint procedure unavailable to the employee. The following complaint procedure shall be followed:
Step I: The complaint procedure shall be initiated by a discussion of the complaint by the employee and the employee's immediate supervisor and, if a mutually satisfactory settlement has not been made within two (2) consecutive working days, the complaint may be referred to Step II.
Step II: The complaint shall be reduced to writing and presented to the intermediate supervisor. If a mutually satisfactory settlement has not been reached within four (4) consecutive working days,
complaint may then be referred to the appointing authority.
Step III: The appointing authority or the appointing authority's designee shall hold a hearing, if necessary, and conduct whatever investigation the appointing authority or the appointing authority's designee considers necessary to render a decision. The appointing authority or the appointing authority's designee must render a decision in writing not later than ten (10) business days from the date of the hearing, if applicable, or close of the investigation, whichever occurs later.
If the appointing authority or the appointing authority's designee does not find in favor of the employee, the complaint may be submitted within fifteen (15) calendar days to the state personnel director. The director or the director's designee shall review the complaint and render a decision not later than fifteen (15) calendar days after the director or the director's designee receives the complaint. If the decision is not agreeable to the employee, an appeal may be submitted by the employee in writing either to the commission or arbitration not later than fifteen (15) calendar days from the date the employee has been given notice of the action taken by the personnel director or the director's designee.
After submission of the appeal, If an employee elects to
submit the appeal to the commission, the commission shall, prior to
rendering its decision, grant the appealing employee and the appointing
authority a public hearing, with the right to be represented and to
present evidence. With respect to all appeals, the commission shall
render its decision within thirty (30) days after the date of the hearing
on the appeal. If the commission finds that the action against the
employee was taken on the basis of politics, religion, sex, age, race, or
because of membership in an employee organization, the employee
shall be reinstated without loss of pay. In all other cases, unless
judicial review of the decision is reqested in accordance with
IC 4-21.5-5, the appointing authority shall follow the recommendation
of the commission, which may include reinstatement and payment of
salary or wages lost by the employee, which may be mitigated by any
wages the employee earned from other employment during a dismissed
or suspended period.
If the recommendation of the commission is not agreeable to the
employee, the employee, within fifteen (15) calendar days from receipt
of the commission recommendation, may elect to submit the complaint
to arbitration. The cost of arbitration shall be shared equally by the
employee and the state of Indiana. The commissioner of labor shall
prepare a list of three (3) impartial individuals trained in labor
relations, and from this list each party shall strike one (1) name. The
remaining arbitrator shall consider the issues which were presented to
the commission and shall afford the parties a public hearing with the
right to be represented and to present evidence. The arbitrator's
findings and recommendations shall be binding on both parties and
shall immediately be instituted by the commission.
Step V: If an employee elects to submit the appeal to arbitration, an arbitrator must be selected from:
(1) the American Arbitration Association; or
(2) the Federal Mediation and Conciliation Service, if an arbitrator is not available from the American Arbitration Association;
according to selection procedures established by the arbitrator's association or service. The costs of arbitration under this Step shall be shared equally by the employer and the employee or the employee's representative.
Step VI: The decision of the commission under Step V(1) or the arbitrator under Step V(2) is a final order subject to judicial review in accordance with IC 4-21.5-5. The commission's or arbitrator's decision in Step V is binding unless a party requests judicial review.
(c) An employee who files a complaint under subsection (b) may choose a representative who is inside or outside the employee's agency or facility to represent the employee during subsection (b) Steps III through VI of the complaint procedure.
(d) If, at a point in the complaint procedure before subsection (b) Step V, the employer does not comply with the timelines set forth in subsection (b), the employee's complaint proceeds to the next Step of the complaint procedure.
in the prosecuting attorneys retirement fund, with at least ten (10)
years of that service credit completed immediately preceding the
(e) The state shall make available a group health insurance program to each former member of the general assembly or surviving spouse of each former member, if the former member:
(1) is no longer a member of the general assembly;
(2) is not eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq. or, in the case of a surviving spouse, the surviving spouse is not eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.; and
(3) has at least ten (10) years of service credit as a member in the general assembly.
A former member or surviving spouse of a former member who obtains insurance under this section is responsible for paying both the employer and the employee share of the cost of the coverage.
(f) The group health insurance program required under subsections (b) through (e) and subsection (k) must be equal to that offered active employees. The retired employee may participate in the group health insurance program if the retired employee pays an amount equal to the employer's and the employee's premium for the group health insurance for an active employee and if the retired employee within ninety (90) days after the employee's retirement date files a written request for insurance coverage with the employer. However, the employer may elect to pay any part of the retired employee's premium with respect to insurance coverage under this chapter.
(g) Except as provided in subsection (j), a retired employee's eligibility to continue insurance under this section ends when the employee becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq., or when the employer terminates the health insurance program. A retired employee who is eligible for insurance coverage under this section may elect to have the employee's spouse covered under the health insurance program at the time the employee retires. If a retired employee's spouse pays the amount the retired employee would have been required to pay for coverage selected by the spouse, the spouse's subsequent eligibility to continue insurance under this section is not affected by the death of the retired employee. The surviving spouse's eligibility ends on the earliest of the following:
(1) When the spouse becomes eligible for Medicare coverage as prescribed by 42 U.S.C. 1395 et seq.
(2) When the employer terminates the health insurance program.
(3) Two (2) years after the date of the employee's death.
participant in the retirement fund of which the employee is a member immediately before the employee's retirement.