Senate Bill No. 50–Committee on Human Resources
and Facilities
Prefiled January 27, 1999
(On Behalf of Legislative Committee on Education)
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Authorizes boards of trustees of school districts to negotiate for payment of unused sick leave to certain licensed teachers in form of additional retirement credit. (BDR 34-866)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. NRS 391.180 is hereby amended to read as follows: 391.180 1. As used in this section, "employee" means any employee1-3
of a school district or charter school in this state.1-4
2. A school month in any public school in this state consists of 4 weeks1-5
of 5 days each.1-6
3. Nothing contained in this section prohibits the payment of1-7
employees’ compensation in 12 equal monthly payments for 9 or more1-8
months’ work.1-9
4. The per diem deduction from the salary of an employee because of1-10
absence from service for reasons other than those specified in this section is1-11
that proportion of the yearly salary which is determined by the ratio between1-12
the duration of the absence and the total number of contracted work days in1-13
the year.2-1
5. Boards of trustees shall either prescribe by regulation or negotiate2-2
pursuant to chapter 288 of NRS, with respect to sick leave, accumulation of2-3
sick leave, payment for unused sick leave, sabbatical leave, personal leave,2-4
professional leave, military leave and such other leave as they determine to2-5
be necessary or desirable for employees. In addition, boards of trustees2-6
may either prescribe by regulation or negotiate pursuant to chapter 288 of2-7
NRS with respect to the payment of unused sick leave to licensed teachers2-8
in the form of purchase of service pursuant to subsection 3 of NRS2-9
286.300. The amount of service so purchased must not exceed the number2-10
of hours of unused sick leave or 1 year, whichever is less.2-11
6. The salary of any employee unavoidably absent because of personal2-12
illness or accident, or because of serious illness, accident or death in the2-13
family, may be paid up to the number of days of sick leave accumulated by2-14
the employee. An employee may not be credited with more than 15 days of2-15
sick leave in any 1 school year. Except as otherwise provided in this2-16
subsection, if an employee takes a position with another school district or2-17
charter school, all sick leave that he has accumulated must be transferred2-18
from his former school district or charter school to his new school district or2-19
charter school. The amount of sick leave so transferred may not exceed the2-20
maximum amount of sick leave which may be carried forward from one year2-21
to the next according to the applicable negotiated agreement or the policy of2-22
the district or charter school into which the employee transferred. Unless the2-23
applicable negotiated agreement or policy of the employing district or2-24
charter school provides otherwise, such an employee:2-25
(a) Shall first use the sick leave credited to the employee from the district2-26
or charter school into which he transferred before using any of the2-27
transferred leave; and2-28
(b) Is not entitled to compensation for any sick leave transferred pursuant2-29
to this subsection.2-30
7. Subject to the provisions of subsection 8:2-31
(a) If an intermission of less than 6 days is ordered by the board of2-32
trustees of a school district or the governing body of a charter school for any2-33
good reason, no deduction of salary may be made therefor.2-34
(b) If, on account of sickness, epidemic or other emergency in the2-35
community, a longer intermission is ordered by the board of trustees of a2-36
school district, the governing body of a charter school or a board of health2-37
and the intermission or closing does not exceed 30 days at any one time,2-38
there may be no deduction or discontinuance of salaries.2-39
8. If the board of trustees of a school district or the governing body of a2-40
charter school orders an extension of the number of days of school to2-41
compensate for the days lost as the result of an intermission because of2-42
those reasons contained in paragraph (b) of subsection 7, an employee may2-43
be required to render his services to the school district or charter school3-1
during that extended period. If the salary of the employee was continued3-2
during the period of intermission as provided in subsection 7, the employee3-3
is not entitled to additional compensation for services rendered during the3-4
extended period.3-5
9. If any subject referred to in this section is included in an agreement3-6
or contract negotiated by:3-7
(a) The board of trustees of a school district pursuant to chapter 288 of3-8
NRS; or3-9
(b) The governing body of a charter school pursuant to NRS 386.595,3-10
the provisions of the agreement or contract regarding that subject supersede3-11
any conflicting provisions of this section or of a regulation of the board of3-12
trustees.3-13
Sec. 2. NRS 286.300 is hereby amended to read as follows: 286.300 Except as otherwise required as a result of NRS 286.537:3-15
1. Any member of the system may purchase all previous creditable3-16
service performed with his present employing agency if that service was3-17
performed before the enrollment of his agency in the system, even if the3-18
service is still creditable in some other system where it cannot be canceled.3-19
The public employer must certify the inclusive dates of employment and3-20
number of hours regularly worked by the member to validate the service.3-21
The member must pay the full actuarial cost as determined by the actuary.3-22
2. In addition to the purchase authorized pursuant to the provisions of3-23
subsection 1, any member who has 5 years of creditable service may3-24
purchase up to 5 years of service. The member must pay the full actuarial3-25
cost of the service as determined by an actuary of the system.3-26
3. In addition to the purchase authorized pursuant to the provisions3-27
of subsection 1, any member who:3-28
(a) Is a licensed teacher;3-29
(b) Has 5 years of creditable service;3-30
(c) Is, pursuant to statute, regulation or contract, entitled to payment3-31
for unused sick leave; and3-32
(d) Is employed by the board of trustees of a school district that has,3-33
pursuant to subsection 5 of NRS 391.180, provided for the payment of3-34
unused sick leave in the form of purchase of service,3-35
may cause to be purchased on his behalf service credit, not to exceed the3-36
number of hours of unused sick leave or 1 year, whichever is less. The3-37
full actuarial cost of the service as determined by an actuary of the system3-38
must be paid for such a purchase. Any service credit purchased pursuant3-39
to this subsection must be included as a part of, and is not in addition to,3-40
service purchased pursuant to subsection 2.3-41
Sec. 3. This act becomes effective on July 1, 1999.