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
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
16-33-4-4. Member of the Armed Forces Defined
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
16-33-4-17. 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