Indiana § 20-26-5-32.2 Employee wage payment arrangements

Indiana Statutes

§ 20-26-5-32.2 — Employee wage payment arrangements

Indiana § 20-26-5-32.2

Title 20EDUCATION

Art. 26SCHOOL CORPORATIONS: GENERAL

Ch. 5General Powers and Duties

This text of Indiana § 20-26-5-32.2 (Employee wage payment arrangements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 20-26-5-32.2 (2026).

Text

2.

(a)Notwithstanding IC 22-2-5-1, a school corporation, educational service center, or charter school 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

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2. (a) Notwithstanding IC 22-2-5-1, a
school corporation, educational service center, or charter school 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), a school corporation,
educational service center, or charter school 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 wages earned and
unpaid. If the employment relationship ends at the conclusion of a
school year, the school corporation, educational service center, or
charter school may pay the employee the remaining wages owed as
provided in the written wage payment arrangement.
(g) Employment with a school corporation, educational service
center, or charter school 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.
(i) A wage payment arrangement under this chapter may not contain
any terms beyond those permitted to be bargained under IC 20-29-6-4.