February 6, 2009
SENATE BILL No. 263
_____
DIGEST OF SB 263
(Updated February 4, 2009 4:25 pm - DI 71)
Citations Affected: IC 16-33; IC 20-21; IC 20-22; IC 20-26.
Synopsis: Public school compensation payment schedules. Allows a
public school corporation, the school for the blind and visually
impaired, the school for the deaf, and the soldiers' and sailors'
childrens' home to enter into a 13 month compensation payment
schedule for work performed during a normal nine or ten month school
year.
Effective: July 1, 2009.
Walker
, Mishler
January 7, 2009, read first time and referred to Committee on Education and Career
Development.
February 5, 2009, amended, reported favorably _ Do Pass.
February 6, 2009
First Regular Session 116th General Assembly (2009)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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SENATE BILL No. 263
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 16-33-4-23; (09)SB0263.1.1. -->
SECTION 1. IC 16-33-4-23 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 23. (a) Notwithstanding IC 22-2-5-2, the home and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be
paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first
day of that school year and ends not later than thirteen
(13) months after the wage payment arrangement period
begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of
the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the home remains
subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment
arrangement entered into under subsection (a) are enforceable
under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the home may not be conditioned upon the
acceptance of a wage payment arrangement under subsection (a).
(h) An employee may revoke a wage payment arrangement
under subsection (a) at the beginning of each school year.
SOURCE: IC 20-21-4-4; (09)SB0263.1.2. -->
SECTION 2. IC 20-21-4-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 4. (a) Notwithstanding IC 22-2-5-2, the school and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be
paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first
day of that school year and ends not later than thirteen
(13) months after the wage payment arrangement period
begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of
the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the school
remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment
arrangement entered into under subsection (a) are enforceable
under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the school may not be conditioned upon
the acceptance of a wage payment arrangement under subsection
(a).
(h) An employee may revoke a wage payment arrangement
under subsection (a) at the beginning of each school year.
SOURCE: IC 20-22-4-4; (09)SB0263.1.3. -->
SECTION 3. IC 20-22-4-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]: Sec. 4. (a) Notwithstanding IC 22-2-5-2, the school and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be
paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first
day of that school year and ends not later than thirteen
(13) months after the wage payment arrangement period
begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of
the Internal Revenue Code.
(d) Absent an agreement under subsection (a), the school
remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment
arrangement entered into under subsection (a) are enforceable
under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earned
and unpaid.
(g) Employment with the school may not be conditioned upon
the acceptance of a wage payment arrangement under subsection
(a).
(h) An employee may revoke a wage payment arrangement
under subsection (a) at the beginning of each school year.
SOURCE: IC 20-26-5-32; (09)SB0263.1.4. -->
SECTION 4. IC 20-26-5-32 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2009]:
Sec. 32. (a) Notwithstanding IC 22-2-5-1, a school
corporation and:
(1) an employee if there is no representative described under
subdivision (2) or (3) for that employee;
(2) the exclusive representative of its certificated employees
with respect to those employees; or
(3) a labor organization representing its noncertificated
employees with respect to those employees;
may agree in writing to a wage payment arrangement.
(b) A wage payment arrangement under subsection (a) may
provide that compensation earned during a school year may be
paid:
(1) using equal installments or any other method; and
(2) over:
(A) all or part of that school year; or
(B) any other period that begins not earlier than the first
day of that school year and ends not later than thirteen
(13) months after the wage payment arrangement period
begins.
Such an arrangement may provide that compensation earned in a
calendar year is paid in the next calendar year, so long as all the
compensation is paid within the thirteen (13) month period
beginning with the first day of the school year.
(c) A wage payment arrangement under subsection (a) must be
structured in such a manner so that it is not considered:
(1) a nonqualified deferred compensation plan for purposes of
Section 409A of the Internal Revenue Code; or
(2) deferred compensation for purposes of Section 457(f) of
the Internal Revenue Code.
(d) Absent an agreement under subsection (a), a school
corporation remains subject to IC 22-2-5-1.
(e) Wage payments required under a wage payment
arrangement entered into under subsection (a) are enforceable
under IC 22-2-5-2.
(f) If an employee leaves employment for any reason, either
permanently or temporarily, the amount due the employee under
IC 22-2-5-1 and IC 22-2-9-2 is the total amount of wages earned
and unpaid.
(g) Employment with a school corporation may not be
conditioned upon the acceptance of a wage payment arrangement
under subsection (a).
(h) An employee may revoke a wage payment arrangement
under subsection (a) at the beginning of each school year.