Introduced Version
HOUSE BILL No. 1153
_____
DIGEST OF INTRODUCED BILL
Citations Affected:
IC 4-15-15
;
IC 5-10-8
;
IC 11-10-5-4
;
IC 12-24-3-4
;
IC 20-15-4-3
;
IC 20-16-4-3
.
Synopsis: Teachers employed at state institutions. Specifies a
grievance procedure for teachers who are employed by the state.
Specifies that the salary schedules for compensation of teachers at state
institutions must: (1) include a daily rate of pay, an additional amount
that equals the total amount of employer contributions made to all local
retirement plans, and a severance benefit payable to retiring teachers;
and (2) be equal to the salaries, the employer contributions to local
retirement plans, and the severance benefits paid by the school
corporation having the greatest enrollment in the county where the
employing institution is located. Requires the state to provide a group
health insurance program to retired state employees who were
employed as teachers if the person was employed and participated in
the employee's retirement fund for ten years immediately preceding
retirement. Makes conforming amendments.
Effective: July 1, 2002.
Pelath
January 9, 2002, read first time and referred to Committee on Education.
Introduced
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
this style type or
this style type reconciles conflicts
between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1153
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 4-15-15; (02)IN1153.1.1. -->
SECTION 1.
IC 4-15-15
IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]:
Chapter 15. Teachers Employed by State Agencies and
Institutions
Sec. 1. This chapter applies to an individual who is employed as
a teacher in a state institution under:
(1)
IC 11-10-5
;
(2)
IC 12-24-3
;
(3)
IC 16-33-3
;
(4)
IC 16-33-4
;
(5) IC 20-15; or
(6) IC 20-16.
Sec. 2. (a) Instead of the grievance procedure described in
IC 4-15-2-35
, the grievance procedure established by this chapter
applies to a teacher who is described in section 1 of this chapter.
(b) If a teacher wishes to file a grievance concerning an action
taken by the teacher's employer, the grievance must be filed
according to the following procedure:
(1) The teacher may file a grievance with the teacher's
immediate supervisor not more than thirty (30) working days
after the action taken by the employer occurs.
(2) The immediate supervisor shall respond to a grievance
filed under subdivision (1) not more than two (2) working
days after the immediate supervisor receives the grievance.
(3) If the teacher is dissatisfied with the response under
subdivision (2), the teacher may file a written grievance with
the teacher's intermediate supervisor.
(4) The intermediate supervisor shall respond to a written
grievance filed under subdivision (3) not more than four (4)
working days after the intermediate supervisor receives the
written grievance.
(5) If the teacher is dissatisfied with the response under
subdivision (4), the teacher may file a written grievance with
the superintendent of the institution in which the teacher is
employed.
(6) The superintendent shall respond to a written grievance
filed under subdivision (5) not more than ten (10) working
days after the superintendent receives the written grievance.
(7) If the teacher is dissatisfied with the response under
subdivision (6), the teacher may file a written grievance with
the state personnel director appointed under
IC 4-15-1.8-3
not
more than fifteen (15) working days after the teacher receives
the response under subdivision (6).
(8) The state personnel director shall respond to a written
grievance filed under subdivision (7) not more than fifteen
(15) working days after the state personnel director receives
the written grievance.
(9) If the teacher is dissatisfied with the response under
subdivision (8), the teacher may file a written grievance with
the state employees' appeals commission under 33 IAC 1 not
more than fifteen (15) working days after the teacher receives
the response under subdivision (8).
(10) The state employees' appeals commission shall set a
hearing date on the written grievance filed under subdivision
(9) not more than thirty (30) working days after the state
employees' appeals commission receives the written grievance
and shall render a decision not more than thirty (30) working
days after the date of the hearing unless this period is
extended by the written consent of all parties.
(11) If the teacher is dissatisfied with the response under
subdivision (10), the teacher may submit the grievance to
arbitration not more than fifteen (15) working days after the
teacher receives the response under subdivision (10).
(12) The arbitrator to whom the grievance is submitted under
subdivision (11) shall hold a hearing and shall render a
decision not more than thirty (30) working days after the
hearing.
(c) An arbitrator to whom a grievance is submitted under
subsection (b)(11) 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.
(d) Costs of arbitration under this chapter shall be shared
equally by the employer and the teacher or the teacher's
organization.
(e) If the employer does not comply with the timelines set forth
in subsection (b), the grievance proceeds to the next step of the
procedure.
(f) A teacher who files a grievance under this chapter may
choose a representative to represent the teacher in the grievance
process under this section.
(g) The decision of the arbitrator is a final order subject to
judicial review in accordance with
IC 4-21.5-5.
Sec. 3. (a) This section provides the procedure to determine the
salary and salary schedule for teachers who are described in
section 1 of this chapter.
(b) A chief administrative officer who employs teachers or the
officer's designee shall prescribe a salary schedule for each
institution where teachers are employed. The salary schedule must
include the following, subject to the approval of the state personnel
department and the budget agency:
(1) A daily rate of pay for each teacher.
(2) An additional amount, payable to each teacher as salary,
equal to the total amount of employer contributions made to
all locally established retirement plans.
(3) A severance benefit payable only to retiring teachers.
Except as provided in subsection (c), the amounts listed in
subdivisions (1) through (3) must equal the amounts provided for
those same items by the school corporation having the largest
enrollment in the county where the institution is located.
(c) This subsection applies only to teacher's salaries in
correctional institutions. The amounts listed in subsection (b)(1)
through (b)(3) must equal the amounts provided for those same
items by the school corporation where the correctional institution
is located if one (1) of the following applies:
(1) The school corporation where the correctional institution
is located is the school corporation having the largest
enrollment in the county.
(2) The correctional institution is located in a county having
a population of:
(A) more than seventeen thousand (17,000) but less than
seventeen thousand five hundred (17,500); or
(B) more than one hundred thousand (100,000) but less
than one hundred five thousand (105,000).
(d) The chief administrative officer of the agency or institution
that employs teachers shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment
under the salary schedule described in subsection (b).
(e) The hours of work for all teachers shall be set in accordance
with
IC 4-15-2.
SOURCE: IC 5-10-8-6.5; (02)IN1153.1.2. -->
SECTION 2.
IC 5-10-8-6.5
, AS ADDED BY P.L.233-1999,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 6.5. (a) A member of the general assembly may
elect to participate in either:
(1) the plan of self-insurance established by the state police
department under section 6 of this chapter;
(2) the plan of self-insurance established by the state personnel
department under section 7 of this chapter; or
(3) a prepaid health care delivery plan established under section
7 of this chapter.
(b) A former member of the general assembly who meets the criteria
for participation in a group health insurance program provided under
section
8(e) 8 or 8.1 of this chapter may elect to participate in either:
(1) the plan of self-insurance established by the state police
department under section 6 of this chapter; or
(2) a group health insurance program provided under section
8(e)
8 or 8.1 of this chapter.
(c) A member of the general assembly or former member of the
general assembly who chooses a plan described in subsection (a)(1) or
(b)(1) shall pay any amount of both the employer and the employee
share of the cost of the coverage that exceeds the cost of the coverage
under the new traditional plan.
SOURCE: IC 5-10-8-8; (02)IN1153.1.3. -->
SECTION 3.
IC 5-10-8-8
, AS AMENDED BY P.L.13-2001,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 8. (a) This section applies only to the state and
employees who are not covered by a plan established under section 6
of this chapter.
(b)
After June 30, 1986, Except as provided in subsection (c), the
state shall provide a group health insurance plan to each retired
employee:
(1) whose retirement date is:
(A) after June 29, 1986, for a retired employee who was a
member of the field examiners' retirement fund;
(B) after May 31, 1986, for a retired employee who was a
member of the Indiana state teachers' retirement fund; or
(C) after June 30, 1986, for a retired employee not covered by
clause (A) or (B);
(2) who will have reached fifty-five (55) years of age on or before
the employee's retirement date but who will not be eligible on that
date for Medicare coverage as prescribed by 42 U.S.C. 1395 et
seq.;
(3) who will have completed twenty (20) years of creditable
employment with a public employer on or before the employee's
retirement date, ten (10) years of which shall have been
completed immediately preceding the retirement; and
(4) who will have completed at least fifteen (15) years of
participation in the retirement plan of which the employee is a
member on or before the employee's retirement date.
(c)
The state shall provide a group health insurance program to
each retired employee:
(1) who was employed as a teacher in a state institution under:
(A)
IC 11-10-5
;
(B)
IC 12-24-3
;
(C)
IC 16-33-3
;
(D)
IC 16-33-4
;
(E) IC 20-15; or
(F) IC 20-16;
(2) whose retirement date is after June 30, 2002;
(3) who is at least fifty-five (55) years of age on or before the
employee's retirement date;
(4) who is not eligible for Medicare coverage as prescribed by
42 U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a
participant in the retirement fund of which the employee is a
member on or before the employee's retirement date, with at
least ten (10) years of that service credit completed
immediately preceding the participant's retirement.
(c) (d) The state shall provide a group health insurance program to
each retired employee:
(1) who is a retired judge;
(2) whose retirement date is after June 30, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least eight (8) years of service credit as a
participant in the Indiana judges' retirement fund, with at least
eight (8) years of that service credit completed immediately
preceding the judge's retirement.
(d) (e) The state shall provide a group health insurance program to
each retired employee:
(1) who is a retired participant under the prosecuting attorneys
retirement fund;
(2) whose retirement date is after January 1, 1990;
(3) who is at least sixty-two (62) years of age;
(4) who is not eligible for Medicare coverage as prescribed by 42
U.S.C. 1395 et seq.; and
(5) who has at least ten (10) years of service credit as a participant
in the prosecuting attorneys retirement fund, with at least ten (10)
years of that service credit completed immediately preceding the
participant's retirement.
(e) (f) 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) (g) The group health insurance program required under
subsections (b) through
(e) (f) 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) (h) Except as provided in subsection
(j), (k), 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.
(4) The date of the spouse's remarriage.
(h) (i) This subsection does not apply to an employee who is entitled
to group insurance coverage under
IC 20-6.1-6-1
(c). An employee who
is on leave without pay is entitled to participate for ninety (90) days in
any health insurance program maintained by the employer for active
employees if the employee pays an amount equal to the total of the
employer's and the employee's premiums for the insurance.
(i) (j) An employer may provide group health insurance for retired
employees or their spouses not covered by this section and may provide
group health insurance that contains provisions more favorable to
retired employees and their spouses than required by this section. A
public employer may provide group health insurance to an employee
who is on leave without pay for a longer period than required by
subsection
(h). (i).
(j) (k) An employer may elect to permit former employees and their
spouses, including surviving spouses, to continue to participate in a
group health insurance program under this chapter after the former
employee (who is otherwise qualified under this chapter to participate
in a group insurance program) or spouse has become eligible for
Medicare coverage as prescribed by 42 U.S.C.A. U.S.C. 1395 et seq.
An employer who makes an election under this section may require a
person who continues coverage under this subsection to participate in
a retiree health benefit plan developed under section 8.3 of this chapter.
SOURCE: IC 11-10-5-4; (02)IN1153.1.4. -->
SECTION 4.
IC 11-10-5-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) All teachers
employed by the department are subject to all provisions of law
concerning the minimum salary of teachers and membership in any
teachers' retirement fund plan. The commissioner or the
commissioner's designated representative shall annually determine the
salary schedule of the largest school corporation of the county in which
each correctional institution is located.
(b) Except as provided in subsections (e) through (f), from the
information described in subsection (a), the commissioner shall
prescribe, subject to approval by the state personnel department and the
budget agency, a salary schedule for each correctional institution, using
a daily rate of pay for each teacher, which must be equal to that of the
largest school corporation in the county in which the correctional
institution is located.
(c) The commissioner shall prescribe the terms of the annual
contract awarded to licensed teachers qualifying for payment under the
schedule established under subsection (b).
(d) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
(e) If the school corporation in which the correctional institution is
located becomes the largest school corporation in the county in which
the correctional institution is located, the daily rate of pay for each
teacher must be equal to that of the school corporation in which the
correctional institution is located without regard to whether the school
corporation in which the correctional institution is located remains the
largest school corporation in the county.
(f) Using a daily rate of pay for each teacher, the salary schedule for
each correctional institution located in a county having a population of:
(1) more than fifteen thousand (15,000) but less than sixteen
thousand (16,000); or
(2) more than seventy-five thousand (75,000) but less than
seventy-eight thousand (78,000);
must be equal to that of the school corporation in which the
correctional institution is located.
(b)
IC 4-15-15
applies to teachers who are employed by the
department.
SOURCE: IC 12-24-3-4; (02)IN1153.1.5. -->
SECTION 5.
IC 12-24-3-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 4. (a) Each year the
director shall set a salary schedule for each of the educational systems
established in a state institution as provided in subsections (b) and (c).
(b) The director shall set a salary schedule by using a daily rate of
pay for each teacher that equals the rate of pay of the largest school
corporation in the county in which the state institution is located. If the
school corporation in which the state institution is located becomes the
largest school corporation in the county in which the state institution
is located, the daily rate of pay for each teacher must equal that of the
school corporation in which the institution is located, without regard to
whether the school corporation in which the state institution is located
remains the largest school corporation in the county.
(c) The salary schedule set by the director is subject to the approval
of the state personnel department and the budget agency.
(d) The director shall prescribe the terms of the annual contract. The
prescribed annual contract shall be awarded to licensed teachers
qualified for payment under the salary schedule prescribed under this
section. The director shall advise the budget agency and the governor
of this action.
(e) Hours of work for all teachers shall be set in accordance with
IC 4-15-2.
IC 4-15-15
applies to teachers employed by state
institutions.
SOURCE: IC 20-15-4-3; (02)IN1153.1.6. -->
SECTION 6.
IC 20-15-4-3
, AS ADDED BY P.L.69-1999,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3. (a) The board shall prescribe subject to the
approval of the state personnel department and the budget agency, a
salary schedule for the school, using a daily rate of pay for each teacher
which must be equal to that of the largest school corporation in the
county in which the school is located.
(b) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under the salary
schedule as described in subsection (a).
(c) The hours of work for all teachers shall be set in accordance with
IC 4-15-2.
IC 4-15-15
applies to teachers employed by the school.
SOURCE: IC 20-16-4-3; (02)IN1153.1.7. -->
SECTION 7.
IC 20-16-4-3
, AS ADDED BY P.L.69-1999,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 3.
(a) The board shall prescribe subject to the
approval of the state personnel department and the budget agency, a
salary schedule for the school using a daily rate of pay for each teacher,
which must be equal to that of the largest school corporation in the
county in which the school is located.
(b) The board shall prescribe the terms of the annual contract
awarded to licensed teachers qualifying for payment under the salary
schedule as described in subsection (a).
(c) The hours of work for all teachers shall be set in accordance with
IC 4-15-2.
IC 4-15-15
applies to teachers employed by the school.