Indiana Code
Chapter 4. Indiana Soldiers' and Sailors' Children's Home
16-33-4-23. Employee Wage Payment Arrangements

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.
As added by P.L.41-2009, SEC.3.

Structure Indiana Code

Indiana Code

Title 16. Health

Article 33. Special Institutions

Chapter 4. Indiana Soldiers' and Sailors' Children's Home

16-33-4-1. Armed Forces of the United States Defined

16-33-4-2. County of Residence of the Child Defined

16-33-4-3. Home Defined

16-33-4-4. Member of the Armed Forces Defined

16-33-4-5. Establishment

16-33-4-6. Administration

16-33-4-7. Superintendent; Appointment; Qualifications

16-33-4-8. Superintendent; Powers and Duties

16-33-4-9. Education or Training of Children of Home; Requirements

16-33-4-10. Vocational School; Establishment and Maintenance on Grounds of Home; Financing

16-33-4-11. Admission of Children as Residents of Home; Requirements

16-33-4-12. Application for Admission to Home; Requisites

16-33-4-13. Care, Control, and Training of Children; Responsibilities

16-33-4-14. Placement of Child Upon Admission; Removal or Discharge of Child

16-33-4-15. Removal or Other Placement of Child; Approval

16-33-4-16. Visitation

16-33-4-17. Maintenance Charges; Liability for Payment; Procedures

16-33-4-17.5. Reimbursement for Costs of Services Ordered by Juvenile Court; Nonresident Child

16-33-4-18. Maintenance Charges and Agreements; Enforcement

16-33-4-19. Maintenance of Home and Grounds; Cultivation of Connected Lands; Assistance of Children

16-33-4-20. Housekeeping, Manufacturing and Repair of Clothing, and Other Necessary Services; Assistance of Children

16-33-4-21. Labor, Service, and Study Prescribed for Children; Consideration Given Proper Education and Training of Children

16-33-4-22. Gifts, Legacies, Devises, and Conveyances

16-33-4-23. Employee Wage Payment Arrangements