IC 12-24-3
    Chapter 3. Employees of State Institutions

IC 12-24-3-1
Application of IC 4-15-2
    
Sec. 1. Except as provided in IC 4-15-2-3.8, IC 4-15-2 applies toall employees of a state institution.
As added by P.L.2-1992, SEC.18.

IC 12-24-3-2
Persons convicted of sex offenses disqualified
    
Sec. 2. To provide greater security for patients, visitors, andemployees, the division may not employ in a state institution anindividual who has been convicted of any of the following offenses:
        (1) Rape (IC 35-42-4-1).
        (2) Criminal deviate conduct (IC 35-42-4-2).
        (3) Child molesting (IC 35-42-4-3).
        (4) Child exploitation (IC 35-42-4-4).
        (5) Sexual misconduct with a minor as a Class A or B felony(IC 35-42-4-9).
As added by P.L.2-1992, SEC.18. Amended by P.L.228-2001, SEC.3.

IC 12-24-3-3
Bonds and crime policies
    
Sec. 3. (a) As used in this section, "employee" includes thesuperintendent of an institution.
    (b) The director may require an employee of a state institution tofurnish a bond in an amount determined by the director. The directorshall require a superintendent to furnish a bond in an amountdetermined by the director.
    (c) A bond required by this section must be:
        (1) payable to the state;
        (2) conditioned upon the faithful performance of the employee'sduties;
        (3) subject to the approval of the insurance commissioner; and
        (4) filed in the office of the secretary of state.
    (d) The premiums for a bond required by this section shall be paidfrom the money of the division.
    (e) The division may secure a standard form blanket bond orcrime insurance policy endorsed to include faithful performance thatcovers all or any part of the employees of the division. A blanketbond or crime insurance policy secured by the division under thissubsection must be in an amount of at least fifty thousand dollars($50,000).
    (f) The commissioner of insurance shall prescribe the form of thebonds or crime policies required by this section.
As added by P.L.2-1992, SEC.18. Amended by P.L.49-1995, SEC.9.

IC 12-24-3-4
Teachers; salary schedule; approval; contract terms; hours of

work; requisites
    
Sec. 4. (a) Each year the director shall set a salary schedule foreach of the educational systems established in a state institution asprovided in subsections (b) and (c).
    (b) The director shall set a salary schedule by using a daily rate ofpay for each teacher that equals the rate of pay of the largest schoolcorporation in the county in which the state institution is located. Ifthe school corporation in which the state institution is locatedbecomes the largest school corporation in the county in which thestate institution is located, the daily rate of pay for each teacher mustequal that of the school corporation in which the institution islocated, without regard to whether the school corporation in whichthe state institution is located remains the largest school corporationin the county.
    (c) The salary schedule set by the director is subject to theapproval of the state personnel department and the budget agency.
    (d) The director shall prescribe the terms of the annual contract.The prescribed annual contract shall be awarded to licensed teachersqualified for payment under the salary schedule prescribed under thissection. The director shall advise the budget agency and the governorof this action.
    (e) Hours of work for all teachers shall be set in accordance withIC 4-15-2.
As added by P.L.2-1992, SEC.18.

IC 12-24-3-5
Employee wage payment arrangements
    
Sec. 5. (a) Notwithstanding IC 22-2-5-2, the state institution and:
        (1) an employee if there is no representative described undersubdivision (2) or (3) for that employee;
        (2) the exclusive representative of its certificated employeeswith respect to those employees; or
        (3) a labor organization representing its noncertificatedemployees with respect to those employees;
may agree in writing to a wage payment arrangement.
    (b) A wage payment arrangement under subsection (a) mayprovide 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 dayof 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 acalendar year is paid in the next calendar year, so long as all thecompensation is paid within the thirteen (13) month period beginningwith the first day of the school year.
    (c) A wage payment arrangement under subsection (a) must bestructured 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 theInternal Revenue Code.
    (d) Absent an agreement under subsection (a), the state institutionremains subject to IC 22-2-5-1.
    (e) Wage payments required under a wage payment arrangemententered into under subsection (a) are enforceable under IC 22-2-5-2.
    (f) If an employee leaves employment for any reason, eitherpermanently or temporarily, the amount due the employee underIC 22-2-5-1 and IC 22-2-9-2 is the total amount of the wages earnedand unpaid.
    (g) Employment with the state institution may not be conditionedupon the acceptance of a wage payment arrangement undersubsection (a).
    (h) An employee may revoke a wage payment arrangement undersubsection (a) at the beginning of each school year.
As added by P.L.41-2009, SEC.2.