Drafter
Clerk 07/24/2003
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AN ORDINANCE relating to the conversion of either accrued vacation or accumulated compensatory time hours, or both, for payment of the net cash, after mandatory deductions, to the Washington state college tuition prepaid program-guaranteed education tuition, or other approved financial support programs, to benefit any children of an employee who are under the age of twenty-three at the time the employee dies while engaged in the scope of his or her employment; and amending Ordinance 13743, Section 1, and K.C.C. 3.12.224 and Ordinance 13743, Section 2, and K.C.C. 3.12.2245.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 13743, Section 1, and K.C.C. 3.12.224, are each hereby amended to read as follows:
Leave - donation to ((Washington state college tuition prepaid)) an account or program to benefit ((minor)) children of deceased employee. Notwithstanding K.C.C 3.12.190, if an employee dies while engaged within the scope of his or her employment, the executive may implement a process providing a one-time opportunity to allow employees eligible for benefits to convert either accrued vacation or accumulated compensatory time hours, or both, to cash to benefit any ((minor)) children of the deceased employee who are under twenty-three years old at the time of the employee's death. This process must conform to the following requirements:
A. The executive shall establish a forty-five-day period during which time employees may sign a written request, subject to approval by the executive, to convert either accrued vacation or accumulated compensatory time hours, or both, to cash and to authorize a payroll deduction of the cash to benefit the ((minor)) children of the deceased employee who are under twenty-three years old at the time of the employee's death. The hours must be in full-hour increments, with a minimum of four;
B. The executive shall determine the maximum hours that any employee can convert to cash, but the maximum may not be greater than a total of forty by each employee;
C. The value of the hours must be determined based on the regular hourly rate of the employee in effect at the time the approved conversion request is received by the county's payroll office;
D. If employees elect to convert either accrued vacation or accumulated compensatory time hours, or both, to cash as set forth in this section, the executive shall identify one or more support accounts or programs to which the cash may be paid for the benefit of the children. Unless the executive determines that another support account or program is more suitable given the circumstances of the children, the executive shall first insure the establishment of a Washington State college tuition prepaid program-guaranteed education tuition (GET) account with the state of Washington ((secretary of the treasury)) to benefit ((any minor)) the children of the deceased employee. In addition to or in lieu of the GET program, the executive may direct that some or all of the cash collected under this section be paid to other support accounts or programs that the executive has determined:
1. Are established in the names of the children or their legal guardian for the benefit of the children;
2. Are held by a governmental agency, nonprofit organization, bank, trust or lawful entity other than an individual;
3. Contain adequate safeguards against theft, diversion, loss or wasting of the funds paid under this section; and
4. Restrict the permissible use of funds paid under this section to paying for minimal, if any, administrative expenses and providing for the children's reasonable food, shelter and educational expenses;
E. The cash resulting from converted accrued vacation or compensatory time hours, or both, net of all mandatory deductions, including, but not limited to, deductions for retirement plans and federal income tax and the Federal Insurance Contributions Act, must be transmitted to the Washington state college tuition prepaid program-guaranteed education tuition (GET) account established by the executive, or such other accounts or programs as may be determined by the executive, under subsection D of this section; and
F. Employees governed by a collective bargaining agreement may convert to cash either accrued vacation or accumulated compensatory time hours, or both, only if the existing agreement allows for or the collective bargaining agreement is amended to allow for conversions as authorized in ((Ordinance 13743)) this section.
SECTION 2. Ordinance 13743, Section 1, and K.C.C. 3.12.2245, are each hereby amended to read as follows:
Leave - donation to ((Washington state college tuition prepaid)) an account or program to benefit ((minor)) children of deceased employee - agreements by executive. The executive may enter into such agreements or modifications to existing
collective bargaining agreements as are necessary to implement the purpose of ((Ordinance 13743)) K.C.C. 3.12.224.
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