Citations Affected:
IC 10-2-4-3
;
IC 10-5-8-1
;
IC 10-5-9-1.
Synopsis: State employee military salary supplement. Requires a state
employee on active duty in the United States armed forces to be paid
the difference between the employee's state gross pay and the
employee's gross military pay and allowances.
Effective: July 1, 2002.
January 14, 2002, read first time and referred to Committee on Finance.
A BILL FOR AN ACT to amend the Indiana Code concerning state
police, civil defense and military affairs.
SECTION 1.
IC 10-2-4-3
, AS AMENDED BY P.L.33-2000,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) Except as provided in subsection (e), this
section applies to all officers and employees of the state of Indiana or
any county, township, municipality, or school corporation in Indiana
who are listed in subsection (b).
(b) As used in this section, "member" refers to the following:
(1) A member of the Indiana National Guard.
(2) A member of a reserve component.
(3) A member of the retired personnel of the naval, air, or ground
forces of the United States.
(c) A member is entitled to receive from the member's employer a
leave of absence from the member's respective duties, in addition to
regular vacation period, without loss of time or pay for such time as the
member is:
(1) on training duties of the state of Indiana under the order of the
governor as commander in chief; or
thereafter, and, who is still qualified to perform the duties of such
position, shall be entitled to be restored to his previous or a similar
position with the same status and pay. Provided, That Seniority shall
continue to accrue during such period of absence, and such period of
absence for military training shall be construed as an absence with
leave, and within the discretion of the employer said leave may be with
or without pay, except as provided under
IC 10-2-4-3.
SECTION 3.
IC 10-5-9-1
IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2002]: Sec. 1. Any person who, as a reserve
member of the armed forces of the United States, is called upon to
receive temporary military training, shall be entitled to a temporary
leave of absence from his employer, not to exceed fifteen (15) days in
any one (1) calendar year: Provided, That such person is required to
provide his employer with evidence of the dates of his departure and
return as soon as practicable prior to his departure, and shall be
required to furnish his employer upon his return, evidence of his
satisfactory completion of such training. Upon his return, such person
shall be restored to his previous, or similar position, with the same
status as he held before leaving for his training period. Such leaves may
be granted with or without pay within the discretion of the employer,
except as provided under
IC 10-2-4-3.
Any temporary leave of absence so granted shall not affect the rights
of the person to vacation leave, sick leave, or other normal benefits of
his employment.
SECTION 4. [EFFECTIVE JULY 1, 2002] (a)
IC 10-2-4-3
(e), as
added by this act, applies to employees of the state of Indiana who
begin a leave of absence for state or federal active duty under
IC 10-2-4-4
after September 11, 2001.
(b) A person who is entitled to payments under
IC 10-2-4-3
(e),
as added by this act, must receive the payments beginning on the
later of:
(1) July 1, 2002; or
(2) the day after the person exhausts the fifteen (15) day
period described in
IC 10-2-4-3
(c).
(c) If a person exhausted the fifteen (15) day period described in
IC 10-2-4-3
(c) before July 1, 2002, and is entitled to a payment
under
IC 10-2-4-3
(e), as added by this act, the member's employer
shall pay in a lump sum, not later than October 1, 2002, the
amount due the person.