Indiana § 20-22-4-4 - Employee wage payment arrangements

§ 20-22-4-4. Employee wage payment arrangements

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.

As added by P.L.41-2009, SEC.5.

IC 20-23ARTICLE 23. ORGANIZATION OF SCHOOL CORPORATIONS

Ch. 1.Repealed Ch. 2.Repealed Ch. 3.Repealed Ch. 4.Community School Corporations Ch. 5.Community School Corporations: Territory Annexations Ch. 6.Consolidation of School Corporations Ch. 7.Consolidation of County School Corporations and Metropolitan School Districts Ch. 8.Governing Body Composition Change Ch. 9.Annexation of a Township School Corporation Ch. 10.Merger of School Corporations Within Counties Ch. 11.Joint Schools in Adjacent States Ch. 12.Election of Advisory Board Members for Gary Public School Corporation; Emergency Manager Serves as Governing Body Ch. 12.1.Appointment of Governing Body Members for Gary Community School Corporation Ch. 13.Election of Governing Body Members in Hammond Community School Corporation Ch. 14.Election of Governing Body Members in Lake Station Ch. 15.Election of Governing Body Members in South Bend Ch. 16.School Corporation Organization; Miscellaneous Provisions Ch. 17.Election of Members of the Governing Body of the School City of Mishawaka Ch. 17.2.Election of School Board Members in East Chicago Ch. 18.Muncie Community School Corporation Ch. 19.Dissolution of Union School Corporation

IC 20-23-1Chapter 1. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-23-1-1formerly 20-2-1-120-23-1-2formerly 20-2-1-220-23-1-3formerly 20-2-1-420-23-1-4formerly 20-2-2-120-23-1-5formerly 20-2-2-220-23-1-6formerly 20-2-2-3.]Repealed by P.L.233-2015, SEC.48.

IC 20-23-2Chapter 2. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-23-2-1formerly 20-2-4-120-23-2-2formerly 20-2-4-220-23-2-3formerly 20-2-4-320-23-2-4formerly 20-2-4-420-23-2-5formerly 20-2-4-520-23-2-6formerly 20-2-4-720-23-2-7formerly 20-2-5-120-23-2-8formerly 20-2-5-2.]Repealed by P.L.233-2015, SEC.49.

IC 20-23-3Chapter 3. Repealed[Pre-2005 Elementary and Secondary Education Recodification Citations:

20-23-3-1formerly 20-2-8-120-23-3-2formerly 20-2-9-120-23-3-3formerly 20-2-9-220-23-3-4formerly 20-2-9-320-23-3-5formerly 20-2-9-420-23-3-6formerly 20-2-9-520-23-3-7formerly 20-2-9-620-23-3-8formerly 20-2-9-720-23-3-9formerly 21-1-1-93.1.]Repealed by P.L.233-2015, SEC.50.

IC 20-23-4Chapter 4. Community School Corporations

20-23-4-1Purpose and policy of school reorganization 20-23-4-2"Attendance unit"; "school unit" 20-23-4-3"Community school corporation" 20-23-4-4"County committee"; "committee" 20-23-4-5Repealed 20-23-4-6"Party" 20-23-4-7"Reorganization of school corporations" 20-23-4-8"School aid bonds" 20-23-4-9"United school corporation" 20-23-4-10Repealed 20-23-4-11County committee for reorganization of school corporations; creation; selecting membership; organization; compensation; terms of office; qualifications; meetings 20-23-4-12Preliminary plans; contents; supporting documents 20-23-4-13Hearings on preliminary plans; notice 20-23-4-14Repealed 20-23-4-15Submission of reorganization plans to state board prior to completion of comprehensive plan 20-23-4-16Required contents of preliminary or final comprehensive plan 20-23-4-17Advisory committees of county; membership 20-23-4-18State board of education; powers and duties 20-23-4-19Creation of community school corporation in certain existing school corporations; motion of state board; hearings; definitions 20-23-4-20Approval of reorganization plan by state board; notice; creation of community school corporation by petition or elections; contents of petition and petitioning procedure 20-23-4-21Special election to create community school corporations; procedure 20-23-4-21.5Expired 20-23-4-21.6Expired 20-23-4-22Reorganization plan involving no change in boundaries or board of trustees; automatic effective date 20-23-4-23Rejection of community school corporations and elections; options of county committee 20-23-4-24Failure of public official to perform duty within time prescribed; effect 20-23-4-25Appeal procedure 20-23-4-26Community school corporations; powers and duties; officers 20-23-4-27Board of school trustees; election options; exception for community school corporations created before March 12, 1965 20-23-4-28Board of school trustees; appointment options; exception for community school corporations created before March 12, 1965 20-23-4-29Repealed 20-23-4-29.1School corporation governing body; election procedures 20-23-4-30School corporation governing body members; tie votes; vacancies; term of office 20-23-4-31Board of school trustees; appointment of interim trustees 20-23-4-32Assumption and transfer of powers and duties 20-23-4-33Attendance units; transportation 20-23-4-34Voting method for community school corporations 20-23-4-35School corporation; organization of governing body 20-23-4-35.5Copy of school corporation plan filed with circuit court clerk; certification of election districts; redistricting; recertification of districts; amendments of plan filed with circuit court clerk; time for filing; district boundary description prevails over conflicting map 20-23-4-36Voting method for school corporations 20-23-4-37Approval of state board for reorganization plan mandatory; supplemental effect of act 20-23-4-38Dissolution of county committees upon completion of reorganization 20-23-4-39Donations; power to accept 20-23-4-40Budgetary request of county committee; tax levy 20-23-4-41Repealed 20-23-4-42Deadline to institute certain actions to enjoin school construction or the performance of any of the terms and conditions of a lease or the execution, sale, or delivery of bonds 20-23-4-43Amendment of plan approved prior to May 1, 1984 20-23-4-44Vacancies and tie votes in certain counties 20-23-4-45Authorization