34 TAC §5.44
The Comptroller of Public Accounts adopts new §5.44,
concerning payments for accrued vacation and sick leave to the estates of
deceased state employees. The new section is adopted without changes to the
proposed text as published in the April 22, 2005, issue of the
Texas Register
(30 TexReg 2377). A brief description of the new section
follows.
Subsection (a) defines important terms used throughout the section.
Subsection (b) specifies the meaning of "continuous state employment."
State law states that a deceased state employee must have accrued six months
of "continuous state employment" before the employee's estate is entitled
to be paid for the employee's accrued vacation and sick leave.
Subsection (c) specifies which state agency is responsible for paying a
state employee's estate for the employee's accrued vacation and sick leave.
Subsection (d) specifies the method for determining how many hours of accrued
vacation and sick leave must be paid to a state employee's estate. Subsection
(d)(1) requires the employee's leave to be allocated over the workdays following
the time of the employee's death until the balance is allocated completely.
Subsection (d)(2) specifies what happens when a holiday is incurred during
the allocation period. Subsection (d)(3) makes it clear that the inclusion
of a workday in the allocation does not cause any individual to be a state
employee on that workday for any purpose.
Subsection (e) specifies the method for computing the amount of a payment
for accrued vacation and sick leave. Subsection (e)(1) covers when the leave
is allocated over only one month. Subsection (e)(2) covers when the leave
is allocated over more than one month.
Subsection (f) specifies the method for determining the applicable rate
of compensation when computing the amount of a payment for accrued vacation
and sick leave. Subsection (f)(1) lists the items that must be included when
determining the rate. Subsection (f)(2) covers employees who were not hourly.
Subsection (f)(3) covers employees who had contracts to work fewer than twelve
months each fiscal year.
Subsection (g) specifies the data that must be included in the payroll
detail submitted to the comptroller to make a payment for accrued vacation
and sick leave.
No comments were received regarding adoption of the new section.
The new section is adopted under Government Code, §661.038,
which authorizes the comptroller to adopt rules to administer payments for
accrued vacation and sick leave.
The new section implements Government Code, Chapter 661, Subchapter B.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on June 8, 2005.
TRD-200502328
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Effective date: June 28, 2005
Proposal publication date: April 22, 2005
For further information, please call: (512) 475-0387