 |
|
If an employee transfers into or out of affected police officer positions, the employee's leave balances will be adjusted proportionately to reflect the change in the number of hours of the standard work day.
Authority: |
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Hours Stated in this Section | Hours Converted for Police Officers |
| 3.75 | 4.25 |
| 7.5 | 8.5 |
If an employee transfers into or out of affected police officer positions, the employee's leave balances will be adjusted proportionately to reflect the change in the number of hours of the standard work day.
31 IAC 5-8-4 Personal leave
Authority: Affected: IC 4-15-2.2
Sec. 4. (a) "Personal leave" means an absence from duty with pay for personal reasons.
(b) Personal leave shall accrue to full-time employees at the rate of seven and one-half (7.5) hours for every four (4) months of full-time employment and to part-time employees working at least half time at the rate of three and three-fourths (3.75) hours for every four (4) months of service. Personal leave shall not be granted to hourly, per diem, temporary, intermittent, contractual, or employees working less than half time.
(c) No employee may accrue a personal leave balance in excess of twenty-two and one-half (22.5) hours. If an employee is otherwise eligible to accrue personal leave, but the accrual thereof would increase his or her account balance beyond the twenty-two and one-half (22.5) hour limit, the personal leave shall be credited to the employee's accrued sick leave balance.
(d) The appointing authority may establish procedures for employees to follow in securing authorization for absence on personal leave.
(e) On separation, compensation for unused personal leave is only permitted under the retiree leave conversion program described in 31 IAC 5-10 .
(f) An employee who resigns in good standing and is subsequently rehired shall have reinstated any personal leave that was accrued but unused and uncompensated at the time of resignation.
(g) In recognition of the fact that certain police officers have a standard work day of eight and one-half (8.5) hours instead of seven and one-half (7.5) hours, the references to the numbers of hours in this section shall be converted for those police officers who are subject to 31 IAC 5-7-8 (b) as follows:
(State Personnel Department; | Hours Stated in this Section | Hours Converted for Police Officers |
| 3.75 | 4.25 |
| 7.5 | 8.5 |
| 22.5 | 25.5 |
If an employee transfers into or out of affected police officer positions, the employee's leave balances will be adjusted proportionately to reflect the change in the number of hours of the standard work day.
31 IAC 5-8-5 Occupational disease or injury; adjustment of compensation payments
Authority: Affected: IC 4-15-2.2
Sec. 5. In cases of occupational disease or injury suffered in line of duty in which the employee elects to use accumulated vacation, sick leave, personal leave, or overtime prior to the commencement of worker's compensation payments, the amount of leave charged shall be reduced in the ratio of worker's compensation payments to total salary. This applies to the seven (7) day waiting period if it is determined to be compensable. If vacation, sick leave, personal leave, or overtime is used concurrently with worker's compensation payments in order to pay full salary, the amount of leave charged shall be on the basis of the amount paid not covered by the worker's compensation payment.
(State Personnel Department;
31 IAC 5-8-6 Paid leave
Authority: Affected: IC 4-15-2.2
Sec. 6. (a) Subject to prior approval by the director, an appointing authority may authorize leave with pay for an employee for the purpose of securing special education or training, other than departmental in-service, directly appropriate to the employee's position, and which will result in benefit to the state.
(b) The appointing authority may allow leave with pay, not to exceed the employee's next three (3) regularly scheduled work days, in the event of the death of any relative specified in this section. The amount of time granted ordinarily will depend upon the closeness of relationship to the deceased and amount of travel necessitated by attendance at the funeral. Such leave may be granted upon the death of a:
(1) husband;
(2) wife;
(3) father;
(4) mother;
(5) son;
(6) daughter;
(7) brother;
(8) sister;
(9) grandparent;
(10) grandchild;
(11) spouse of any of these; or
(12) person living in the same household with the employee.
For married employees, these members of the spouse's family are included.
(c) Employees, except employees paid by the hour or day, who are lawfully required to report for jury duty, or to serve as witnesses before any body or agency having subpoena powers, shall be granted leaves of absence by their appointing authorities from their positions during the required absence for such duty. When such leaves of absence are granted for jury duty or to serve as witnesses in matters relating to employment with the state, they shall receive that portion of their regular salary from the state which will, together with the compensation for such court service, equal their total regular salary for the same period.
(d) Employees who are members of the Armed Forces Reserves or the National Guard shall be entitled to a leave of absence, not to exceed fifteen (15) work days in any calendar year, without loss of pay or vacation time. The employee shall be required to submit a written order or official statement requiring the military duty.
(State Personnel Department;
31 IAC 5-8-7 Leave without pay
Authority: Affected: IC 4-15-2.2
Sec. 7. The appointing authority, with the approval of the director, may grant an employee leave without pay for a period not to exceed two (2) years, whenever such leave is considered to be in the best interests of the state. Such leave shall be requested in writing by the employee and shall require written approval by the appointing authority and the director. Except under unusual circumstances, voluntary separation from the service in order to accept employment not in the state service shall not be considered by the director as sufficient cause for the approval of a leave of absence without pay. Upon expiration of a regularly approved leave without pay, or sooner upon due notice if the interests of the service make it necessary, the employee shall be returned to a position in the same class as the position held at the time leave was granted. Employees on leave without pay due to personal illness, injury, or legal quarantine may be required to submit medical proof from a designated physician of fitness to return to work before resuming duties. Failure of an employee on leave to report for duty after the appointing authority issues a written notice to return shall be deemed unauthorized leave. At the time such notice is sent to the employee on leave, the appointing authority shall send a copy to the director.
(State Personnel Department;
31 IAC 5-8-8 Military leave without pay
Authority: Affected: IC 4-15-2.2
Sec. 8. (a) Any employee, upon request, shall be granted a leave of absence without pay to cover the length of his or her services in the armed forces of the United States.
(b) No sick leave, personal leave, or vacation leave credits will accrue during military leave.
(c) An employee granted a military leave of absence shall be reinstated according to the dictates of federal law.
(d) If there is no vacancy, a vacancy shall be created by utilizing the layoff procedure.
(e) If the employee on military leave fails to make application for return from leave in compliance with applicable federal law, such failure will be considered as an automatic resignation.
(State Personnel Department;
31 IAC 5-8-9 Special leave
Authority: Affected: IC 4-15-2.2
Sec. 9. (a) Subject to the approval of the director, employees occupying positions in the state classified service may be granted special leaves of absence to accept appointment to positions in the unclassified service.
(b) The special leave may be granted originally for any period of time up to a maximum of four (4) years. Such leave may be extended annually after the end of the fourth year to cover entire period of employment in the position.
(c) Upon termination of service in the position in the unclassified service, the employee shall be returned to the same or a reasonably comparable position as the position held at the time leave was granted. The rate of pay upon return to the state classified service shall be no less than that being paid at the time leave was granted unless such rate of pay is precluded due to change of salary grade or range for the class.
(State Personnel Department;
31 IAC 5-8-10 Special sick leave
Authority: Affected: IC 4-15-2.2
Sec. 10. Special sick leave that was accrued prior to July 1, 1989, may be used as provided in 31 IAC 5-9-29 .
(State Personnel Department; Rule 9. Short-Term and Long-Term Disability
31 IAC 5-9-1 Short-term disability; eligibility
Authority:
Sec. 1. An employee who meets all the following criteria is entitled to short-term disability benefits under this rule:
(State Personnel Department;
(1) The employee must be employed on a full-time basis and have worked a minimum period of six (6) consecutive months of continuous full-time employment (during which time the employee is actively working without a break in service due to resignation, retirement, layoff, leave of absence, or termination) prior to the beginning of the elimination period.
(2) The employee must be absent due to illness, injury, or legal quarantine as evidenced by a physician's signed statement.
(3) The employee must have been absent thirty (30) consecutive calendar days due to the disability.
31 IAC 5-9-2 Short-term disability; elimination period
Authority:
Sec. 2. To be eligible for short-term disability benefits, the employee must be absent from work for an elimination period of thirty (30) consecutive calendar days. Authorization for absence and salary continuation during the elimination period should be sought under the rules relating to:
(State Personnel Department;
(1) vacation leave;
(2) sick leave;
(3) personal leave;
(4) compensatory time;
(5) previously accrued special sick leave;
(6) leave without pay; or
(7) worker's compensation.
The employee may choose the order in which vacation, sick leave, personal leave, or compensatory time is charged during the elimination period. On the thirty-first calendar day of absence due to disability, the employee becomes eligible for short-term disability benefits.
31 IAC 5-9-3 Short-term disability; basic benefit
Authority:
Sec. 3. The basic short-term disability benefit is sixty percent (60%) of the employee's base biweekly wage.
(State Personnel Department;
31 IAC 5-9-4 Short-term disability; augmentation of basic benefit
Authority:
Sec. 4. The basic short-term disability benefit may be augmented up to eighty percent (80%) of the employee's base biweekly wage by pro rata charge against accrued leave balances. For example, an employee entitled to the short-term disability benefit may receive eighty percent (80%) of his or her base biweekly wage by subtracting one (1) day each week from the accrued leave balance.
(State Personnel Department;
31 IAC 5-9-5 Short-term disability; duration
Authority:
Sec. 5. Short-term disability benefit payments may not exceed five (5) months.
(State Personnel Department;
31 IAC 5-9-6 Short-term disability; recurrence, continued treatment
Authority:
Sec. 6. (a) An employee who returns to work from short-term disability and returns to nonwork status within three (3) months will not begin a new benefit period or be subjected to a new elimination period if the second disability is the same as the first. The entire period of absence will be considered as one (1) continuous period resulting from the same disability.
(b) If the employee returns to work but periodically needs time off for ongoing medical treatment related to the disability, the sporadic absences for treatment may be compensated at the basic benefit rate or, at the employee's option, the employee may use accrued leave and receive full compensation.
(State Personnel Department;
31 IAC 5-9-7 Long-term disability; contribution
Authority:
Sec. 7. After six (6) months continuous full-time employment, an employee contribution shall be collected through payroll deductions in the amount of one-fourth of one percent (.25%) of the employee's gross biweekly compensation.
(State Personnel Department;
31 IAC 5-9-8 Long-term disability; eligibility
Authority:
Sec. 8. An employee who meets all the following criteria is entitled to long-term disability benefits:
(State Personnel Department;
(1) The employee must be employed on a full-time basis and have six (6) months of continuous full-time employment prior to the beginning of the elimination period.
(2) The employee must be absent due to illness, injury, or legal quarantine as evidenced by a physician's signed statement.
(3) The employee must have been absent for a continuous period of six (6) months due to the disability.
31 IAC 5-9-9 Long-term disability; "disability" defined
Authority:
Sec. 9. (a) Except as provided in sections 20(4) and 27 of this rule, for the first and second year, the long-term disability benefit is available if the employee is unable to perform work consistent with his or her classification.
(b) The long-term disability benefit is available for a third and fourth year if the employee is unable to perform the work of any occupation for which he or she is reasonably qualified by reason of education, training, or experience.
(State Personnel Department;
31 IAC 5-9-10 Long-term disability; basic benefit
Authority:
Sec. 10. (a) For the first and second year of long-term disability, the basic benefit is fifty percent (50%) of the employee's base biweekly wage before disability.
(b) For the third and fourth year of long-term disability, the basic benefit is forty percent (40%) of the base biweekly wage before disability.
(State Personnel Department;
31 IAC 5-9-11 Long-term benefits; augmentation
Authority:
Sec. 11. (a) During the first and second year of long-term disability benefits, the basic long-term disability benefit may be augmented to seventy percent (70%) of the employee's base biweekly wage, by subtracting one (1) day each week from an accrued leave balance.
(b) During the third and fourth year of long-term disability benefits, the basic long-term disability benefit may be augmented to sixty percent (60%) of the employee's base biweekly wage, by subtracting one (1) day each week from an accrued leave balance.
(State Personnel Department;
31 IAC 5-9-12 Long-term benefits; duration
Authority:
Sec. 12. (a) Except as otherwise provided in this section, long-term disability benefit payments are limited to a maximum duration of four (4) years.
(b) Benefits will only be provided as long as the employee is deemed disabled.
(c) The maximum short-term and long-term benefit period for a mental or nervous disability is limited to twenty-four (24) months.
(d) The maximum short-term and long-term benefit period for drug or alcohol dependency rehabilitation is limited to twenty-four (24) months.
(e) The maximum benefit period for a disability occurring on or after attaining sixty-two (62) years of age is limited as follows:
(State Personnel Department; | Age at Disability | Benefit Duration |
| 62 | 3.50 years |
| 63 | 3.00 years |
| 64 | 2.50 years |
| 65 | 2.00 years |
| 66 | 1.75 years |
| 67 | 1.50 years |
| 68 | 1.25 years |
| 69 + | 1.00 year |
31 IAC 5-9-13 Long-term disability; recurrence, continued treatment
Authority:
Sec. 13. (a) An employee who returns to work from a long-term disability and returns to nonwork status within six (6) months will not begin a new benefit period or be subject to a new elimination period if the second disability is the same as the first. The entire period of absence will be considered as one (1) continuous period resulting from the same disability.
(b) If the employee returns to work but periodically needs time off for ongoing medical treatment related to the disability, the sporadic absences for treatment may be compensated at the basic benefit rate or, at the employee's option, the employee may use accrued leave and receive full compensation.
(State Personnel Department;
31 IAC 5-9-14 Long-term disability; return to work
Authority:
Sec. 14. (a) If an employee, having recovered from the long-term disability, desires to return to work and the agency, in which he or she was employed before the onset of the disability, has no vacant position in their classification, or a similar classification with the same basic qualifications and salary range, then the layoff procedure shall be utilized to determine which employee is to be laid off.
(b) When benefits cease because the disability does not meet the standard set forth in section 9(b) of this rule, the last appointing authority, for whom the employee worked before the onset of the disability, shall offer the employee the next available position, within thirty (30) miles of his or her designated work station before the onset of the disability, at the same or a lower skill level, that he or she is legally qualified to fill and physically capable of performing. The appointing authority's obligation under this subsection ends, and employment will be terminated, upon the earlier of the:
(State Personnel Department;
(1) third declination of such an offer; or
(2) expiration of the maximum analogous time period, applicable to the employee, set forth in section 12 of this rule.
31 IAC 5-9-15 Exclusions
Authority:
Sec. 15. Neither short-term nor long-term disability benefits are payable for a disability resulting from the following:
(State Personnel Department;
(1) War, declared or undeclared.
(2) Participation in a rebellion, insurrection, or riot.
(3) Intentionally self-inflicted injury.
(4) Commission of, or attempt to commit, a crime.
(5) An accident caused by intoxication due to alcohol or illicit drugs.
(6) Willful failure to follow designated safety procedures.
(7) Willful disregard of rules.
(8) Willful failure to perform a stated duty.
31 IAC 5-9-16 Administration
Authority:
Sec. 16. (a) The application for benefits must:
(1) be submitted by the employee, or some person acting on his or her behalf, to the state personnel department or, if a third party administrator is contracted by the state, to the third party administrator; and
(2) include a request for benefits and a signed physician's statement evidencing the nature, extent, and probable duration of the disability.
(b) The effective date of benefit payments shall not precede the date on which application is made by the employee, or some person acting on his or her behalf, to the state personnel department or, if a third party administrator is contracted by the state, to the third party administrator.
(c) An employee must apply for Social Security and pension benefits simultaneously with or prior to application for long-term disability benefits. The employee must exercise due diligence in attempting to secure an award of Social Security and pension benefits.
(d) Determination of disability and eligibility for benefits shall be made by the state personnel department in coordination with the disability determination bureau of the division of disability and rehabilitative services or by a third party administrator contracted by the state.
(State Personnel Department;
31 IAC 5-9-17 Medical examinations
Authority:
Sec. 17. The appointing authority, state personnel department, disability determination bureau of the division of disability and rehabilitative services, or a third party administrator contracted by the state may require examination by designated physicians. Examinations by state designated physicians shall be paid for by the state. Failure of the employee to submit to a required examination or waive the patient/physician privilege results in a disqualification of eligibility for benefits. The employee is not required to waive the patient/physician privilege as to medical conditions unrelated to his or her claim for benefits.
(State Personnel Department;
31 IAC 5-9-18 Payroll
Authority:
Sec. 18. Benefits shall be:
(State Personnel Department;
(1) paid using the auditor's payroll system; and
(2) processed through the state personnel department or third party administrator.
31 IAC 5-9-19 Staffing table location
Authority:
Sec. 19. (a) Employees on short-term disability will continue to occupy an appropriately classified position on the staffing report of the employing agency.
(b) Employees on long-term disability will be removed from the staffing report of the employing agency and placed on a special staffing report containing the names and occupations of all persons on long-term disability. The state personnel director is the appointing authority for employees on long-term disability; however, employees given job assignments under the partial disability program are subject to the appointing authority that assigns the work.
(State Personnel Department;
31 IAC 5-9-20 Termination
Authority:
Sec. 20. Benefits terminate when any of the following occur:
(State Personnel Department;
(1) The employee fails to submit information necessary for claim administration, including, but not limited to, the following:
(A) Authorizing attending physicians to release information to the state and third party administrator on the employee's condition and prognosis.
(B) Timely reporting income from sources specified in section 22(a) or 25 of this rule.
(2) The employee refuses to submit to an examination by a designated physician.
(3) The employee's medical condition no longer meets the standard set in the definition of disability.
(4) The employee refuses to accept work assignments appropriate to the employee's medical condition.
(5) The employee returns to regular duty.
(6) The employee commits fraud related to his or her application for benefits.
(7) The time specified in section 5 or 12 of this rule has expired.
(8) The employee engages in activity that retards the employee's rehabilitation.
(9) The employee is terminated for reasons other than the employee's absence due to disability.
31 IAC 5-9-21 Continuation of benefits
Authority:
Sec. 21. (a) Group health, dental, vision, and life insurance will be continued in force for employees on short-term and long-term disability. Employee contributions toward the premiums shall be deducted from the disability payments.
(b) An employee who qualifies for the short-term or long-term disability program but whose benefits would be zero (0) because of the offset provisions of section 22 of this rule shall receive a guaranteed minimum benefit sufficient to make the employee contribution to group medical, dental, vision, and life insurance offered by the state that the employee was enrolled in at the time the disability began.
(c) The long-term disability premium contribution shall be waived for employees receiving the long-term disability benefit.
(d) No sick, vacation, personal, or other paid leave accrues while the employee is on short-term or long-term disability.
(e) Time spent on short-term or long-term disability is credited as service for retirement fund purposes.
(f) Retirement fund benefits will be calculated only once while the employee is on short-term or long-term disability. Retirement fund benefits will not be recalculated until the short-term and long-term disability benefits cease. However, any increases in benefits granted by the Indiana general assembly will increase the employee's pension payments.
(State Personnel Department;
31 IAC 5-9-22 Offsets
Authority:
Sec. 22. (a) Short-term and long-term disability salary continuation benefits shall be reduced, dollar for dollar, if the employee derives income, as the primary recipient, from any of the following sources:
(1) Social Security.
(2) Public employees' retirement fund.
(3) Teachers' retirement fund.
(4) Any other state supported retirement fund.
(5) Pension disability.
(6) Worker's compensation salary continuation benefits.
(7) Benefits provided from another employer's group plan.
(8) Remuneration for employment entered into after the disability was incurred.
(b) An employee receiving short-term or long-term disability benefits shall notify the state personnel department or the third party administrator, if a third party administrator is contracted by the state, within seven (7) calendar days of receipt that income has been received from any of the sources in subsection (a).
(c) Benefits provided by an individually purchased disability insurance policy or any medical expense reimbursement will not be offset.
(State Personnel Department;
31 IAC 5-9-23 Income adjustments
Authority:
Sec. 23. (a) Short-term and long-term disability benefits are not subject to adjustment based on increases in Social Security or pension benefits. Once the amount of Social Security and pension benefits are set, they will be treated as if they remained constant for the duration of payments under this rule, such that no further offset will be made to reduce benefits under this rule.
(b) General salary adjustments granted to all employees in the disabled employee's classification:
(1) shall cause the disabled employee's base gross biweekly wage to be adjusted; and
(2) will result in an increase in benefits under this rule.
(c) Performance based increases and bonuses will not be awarded to employees on short-term or long-term disability.
(State Personnel Department;
31 IAC 5-9-24 Other employment
Authority:
Sec. 24. (a) An employee who accepts other employment while receiving short-term or long-term disability payments shall give notice, within seven (7) calendar days, to the state personnel department or the third party administrator, if a third party administrator is contracted by the state.
(b) Persons receiving short-term or long-term disability payments may be prohibited from accepting other employment outside state government that would retard their rehabilitation.
(State Personnel Department;
31 IAC 5-9-25 Subrogation
Authority: Affected: IC 22-3-2
Sec. 25. An employee's right to recover in tort is subrogated to the state to the extent of benefits paid under this rule. If a tort claim is settled for less than the amount of benefits paid, subrogation is limited to one-half (1/2) of settlement amount.
(State Personnel Department;
31 IAC 5-9-26 Tortious acts within scope of employment
Authority:
Sec. 26. (a) An employee who, in the scope of state employment, is disabled by injuries resulting from the tortious act of another person, shall receive one hundred percent (100%) of his or her base biweekly wage.
(b) A seven (7) calendar day elimination (waiting) period applies to this benefit. During the elimination period, the employee may use accrued leave benefits.
(c) The maximum duration of benefits under this section is one (1) calendar year from the date of the job related injury.
(d) After exhaustion of this benefit, the employee is eligible for salary continuation under worker's compensation or long-term disability. In this situation, long-term disability benefits may be provided for the maximum duration allowed by section 12 of this rule, subject to the termination and other provisions of this rule.
(e) The employee cannot receive both this benefit and salary continuation under worker's compensation simultaneously.
(f) The period of time an employee is eligible for temporary total disability payments or total permanent disability payments is reduced by the amount of time he or she received benefits under this section.
(State Personnel Department;
31 IAC 5-9-27 Partial disability
Authority:
Sec. 27. (a) Short-term and long-term disability benefits will be paid only if the disability would not permit the employee to perform any other job assignment and an appointing authority does not assign duties the employee is physically capable of performing, according to the determinations made in sections 16 and 17 of this rule.
(b) An employee unable to do his or her regular job, but who returns to work and performs any job assignment will receive eighty percent (80%) of his or her base biweekly wage or the minimum hourly rate for services performed, whichever is greater.
(c) An employee who refuses an appropriate temporary assignment shall be terminated from employment, and benefits under this rule shall cease.
(State Personnel Department;
31 IAC 5-9-28 Other accrued leave; option
Authority:
Sec. 28. After the elimination period and prior to application for short-term and long-term disability, an employee may request and the appointing authority may allow use of accrued:
(State Personnel Department;
(1) compensatory time off;
(2) sick leave;
(3) vacation leave;
(4) personal leave; or
(5) special sick leave.
One (1) day of accrued leave shall be charged for each day of absence.
31 IAC 5-9-29 Retention of previously accrued benefits
Authority:
Sec. 29. (a) Special sick leave benefits accrued by employees prior to July 1, 1989, in accordance with 31 IAC 1-9-5 , which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, or 31 IAC 2-11-6 , which was repealed, filed August 7, 1989, 3:30 p.m., printed at 12 IR 2218, that are unused as of June 30, 1989, remain on account for use by the employee who has been continuously employed since July 1, 1989.
(b) An employee with more than one (1) year but less than five (5) years of continuous full-time employment as of June 30, 1989, is entitled to credit with special sick leave equal to one (1) calendar week for each calendar year of continuous full-time state employment completed prior to July 1, 1989. A proportionate amount of special sick leave will be allowed for that period of continuous service in excess of complete years, prior to July 1, 1989.
(c) After exhaustion of accumulated vacation leave, sick leave, personal leave, and compensatory time off, the special sick leave account may be used by the employee in the following circumstances:
(State Personnel Department;
(1) During the elimination period, prior to the beginning of disability benefits, as provided in section 2 or 26(b) of this rule.
(2) To augment short-term or long-term disability benefits as provided in sections 4 and 11 of this rule.
(3) In lieu of short-term and long-term disability benefits as provided in section 28 of this rule.
31 IAC 5-9-30 Agency election
Authority:
Sec. 30. The administrative heads of the state police, conservation officers, and state excise police shall notify the state personnel director whether the provisions of this rule will apply to their employees or whether they will establish separate plans providing equal benefits under IC 5-10-8-4 and IC 5-10-8-6 .
(State Personnel Department; Rule 10. Retiree Leave Conversion
31 IAC 5-10-1 Definitions
Authority:
Sec. 1. The following definitions apply throughout this rule:
(State Personnel Department;
(1) "Eligible retiree" means an individual who:
(A) has at least ten (10) years of creditable service with a state agency;
(B) retires after June 30, 2000;
(C) has accrued but unused and uncompensated sick, vacation, or personal leave on the employee's retirement date; and
(D) has not previously received the benefits of converting leave under this rule.
(2) "Retire" means terminate state employment at a time when the eligible retiree is entitled to begin receiving pension benefits from a public pension plan as a consequence of the retiree's state service.
(3) "State agency" means an authority, board, branch, commission, committee, department, division, or other instrumentality of state government, but does not include the following:
(A) A state educational institution (as defined in IC 20-12-0.5-1 ).
(B) A state elected official's office.
(C) The legislative and judicial branches of state government.
31 IAC 5-10-2 Applicability
Authority: Affected: IC 5-10-8-8 ; IC 5-10-12
Sec. 2. This rule applies to an eligible retiree who retired from a state agency.
(State Personnel Department;
31 IAC 5-10-3 Deposits
Authority: Affected: IC 5-10-8-8 ; IC 5-10-12
Sec. 3. The state will pay the eligible retiree the amount determined in section 4 of this rule.
(State Personnel Department;
31 IAC 5-10-4 Leave valuation and maximum
Authority: Affected: IC 5-10-8-8 ; IC 5-10-12
Sec. 4. (a) Subject to subsection (b), for the purpose of the retiree leave conversion program, the value of accrued but unused and uncompensated sick, vacation, or personal leave is determined as follows:
STEP ONE: Divide the retiree's regular biweekly salary, as reflected on the state personnel department's staffing report as of the retirement date, by seventy-five (75).
STEP TWO: Multiply the quotient determined in STEP ONE by the number of hours of sick, vacation, and personal leave that the retiree had accrued but which were unused and uncompensated at the time of separation.
STEP THREE: Multiply the product of STEP TWO by the following:
(A) Twenty percent (20%), for a retiree with at least ten (10) years of creditable service but less than fifteen (15) years of creditable service.
(B) Thirty-five percent (35%), for a retiree with at least fifteen (15) years of creditable service but less than twenty (20) years of creditable service.
(C) Fifty percent (50%), for a retiree with at least twenty (20) years of creditable service.
(b) In no event is the eligible retiree entitled to more than an aggregate of five thousand dollars ($5,000) gross compensation under this retiree leave conversion program.
(State Personnel Department;
31 IAC 5-10-5 Limitations
Authority: Affected: IC 5-10-8-8 ; IC 5-10-12
Sec. 5. This rule is not intended to create any additional rights to compensation for accrued but unused vacation, sick, or personal leave beyond those rights expressly granted. Except as otherwise provided in this rule, a state employee is not entitled to compensation at separation for unused sick or personal leave and payment for accrued but unused vacation continues to be limited to two hundred twenty-five (225) hours in accordance with 31 IAC 5-8-2 (g)(1).
(State Personnel Department;
31 IAC 5-10-6 Death before retirement
Authority: Affected: IC 5-10-8-8 ; IC 5-10-12
Sec. 6. If an employee dies while employed by a state agency, the state will pay the amount that would have been paid under this article if the employee had retired effective the day the employee died.
(State Personnel Department; Rule 11. Layoff
31 IAC 5-11-1 Layoff from the state service
Authority: Affected: IC 4-15-2.2-40
Sec. 1. An appointing authority may lay off an employee in accordance with the provisions of IC 4-15-2.2-40 .
(State Personnel Department; Rule 12. Disciplinary Actions and Separations
31 IAC 5-12-1 Demotion
Authority: Affected: IC 4-15-2.2
Sec. 1. An appointing authority or his or her designee may demote an employee by presenting the employee with written notice of demotion, a copy of which shall be filed with the director. If the employee is not available, written notice shall be sent to the employee's last known address.
(State Personnel Department;
31 IAC 5-12-2 Suspension
Authority: Affected: IC 4-15-2.2
Sec. 2. (a) An appointing authority or his or her designee may suspend any employee without pay, for disciplinary purposes, by presenting the employee with a written notice of suspension, a copy of which shall be filed with the director. If the employee is not available, written notice shall be sent to the employee's last known address.
(b) An appointing authority or his or her designee may suspend any employee without pay pending an investigation or trial of any charges against him or her. If the outcome of the charges or trial of any charges is favorable to the employee, the appointing authority shall reimburse the employee for any lost wages and benefits for the suspension period less any wages the employee might have earned during the suspension period from other employment.
(State Personnel Department;
31 IAC 5-12-3 Dismissal
Authority: Affected: IC 4-15-2.2-34 ; IC 4-15-2.2-42
Sec. 3. (a) An appointing authority or the appointing authority's designee may dismiss an employee and terminate his or her employment by presenting the employee with a written notice of dismissal, a copy of which shall be filed with the director. If the employee is not available, written notice shall be sent to the employee's last known address.
(b) An appointing authority may dismiss an employee in a working test in accordance with IC 4-15-2.2-34 .
(c) Except as provided in 31 IAC 5-9 , an employee, eligible for benefits or subject to the elimination period under 31 IAC 5-9 , may not be dismissed from employment due to his or her absence which results solely from the disability.
(d) A dismissed employee shall forfeit all accrued sick, personal, and vacation leave.
(e) An employee who is dismissed may be entitled to initiate a complaint, as provided in IC 4-15-2.2-42 .
(State Personnel Department;
31 IAC 5-12-4 Resignation
Authority: Affected: IC 4-15-2.2 ; IC 5-8-4
Sec. 4. Any employee wishing to leave in good standing shall give the appointing authority at least two (2) weeks written notice in advance of separation. Under unusual circumstances, less time may be considered as sufficient to permit the employee to leave the service in good standing. Failure to comply with this requirement shall be entered on the service record of the employee and may be the cause of denying future employment.
(State Personnel Department;
SECTION 2. THE FOLLOWING ARE REPEALED: 31 IAC 2-3 ; 31 IAC 2-9 ; 31 IAC 2-11-1 ; 31 IAC 2-11-2 ; 31 IAC 2-11-3 ; 31 IAC 2-11-4 ; 31 IAC 2-11-4.5 ; 31 IAC 2-11-7 ; 31 IAC 2-11-8 ; 31 IAC 2-11-9 ; 31 IAC 2-11-10 ; 31 IAC 2-11-11 ; 31 IAC 3 ; 31 IAC 4-1 ; 31 IAC 4-2 ; 31 IAC 4-4 ; 31 IAC 4-7 ; 31 IAC 4-8-1 .
Posted: 02/29/2012 by Legislative Services Agency
DIN: 20120229-IR-031110446PRA
Composed: Apr 24,2024 6:20:03PM EDT
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