Phased Retirement Plan for Faculty UPPS
No. 04.04.51
Issue No. 6
Effective Date: 04/10/2013
Review: October 1 E2Y
01. POLICY
STATEMENT
01.01 Texas
State endorses a plan for tenured faculty members with many years of service who
would like to phase into retirement: i. e., retire, yet maintain a reduced
academic activity. This plan permits a faculty member to relinquish tenure in
return for a commitment from the university to continue employment in partial
status for a specified period.
02. DEFINITION
02.01 A
phased retirement plan is an option for transitioning active faculty members to
retired status through a contractual agreement that requires the faculty member
to meet certain milestones during the contractual period, such as a reduction
in percentage of full-time status or effort or enrollment in retiree group
insurance, prior to termination of employment. At the end of the contractual
period, the faculty member is considered retired.
03. BACKGROUND
03.01 On
January 19, 1983, the commissioner of the Texas Higher Education Coordinating
Board provided Texas university presidents with guidelines for developing
university policies for voluntary modification of employment. The Texas Higher
Education Coordinating Board previously endorsed these voluntary guidelines on
October 28, 1982.
03.02 These
guidelines were the inspiration for Texas State's Voluntary Modification of
Employment (VME) Program, which was in place from the early 1980's until 1996.
Effective September 1, 1996, this Phased Retirement Plan superseded that VME
policy.
04. PROCEDURES
04.01 Authorization
This
policy allows the university to employ a faculty member on a part-time basis
following retirement when such employment will benefit both the faculty member
and the university by mutual agreement between the faculty member and the dean
of the affected college. Approval to participate in a phased retirement
agreement must be endorsed by the department chair or school director, dean and
provost. Even though the faculty member seeking phased retirement status has
voluntarily moved from tenured to untenured status, the university will only
dismiss the faculty member for good cause as specified in Chapter V, Section
4.5, of the Rules and Regulations, Board of Regents, The Texas State University
System, or under the special circumstances for faculty employment termination
described in Chapter V, Section 4.6, of the Rules and Regulations.
04.02 Eligibility
a. All
full-time tenured faculty members are eligible to participate in the program
when they meet one of the following requirements for service retirement:
1) Age
sixty-five with ten years of service credit, or
2) Age
and years of service credit totaling eighty with at least ten years of service
credit. Service credit may be earned through the Teacher Retirement System
(TRS), Optional Retirement Program (ORP) or any combination thereof.
b. TRS
Eligibility – TRS eligibility for full formula benefits or for reduced
annuity benefits is determined by TRS guidelines. TRS regulations require a one
full calendar-month break in service between the date of retirement and any
resumption of state employment. Therefore, participation in the phased
retirement program typically begins in a fall semester, following at least a one-month
break in service. Failure to observe such a break could result in the loss of
monthly retirement annuity payments. In addition to the one-month calendar
break in service, TRS retirees who retired after January 1, 2011 may only work
under the following conditions without forfeiting their TRS monthly annuity:
1) half-time (50% FTE) or less
2) more than half-time after a twelve
consecutive month break in service.
c. ORP
Eligibility – Because ORP is not a defined benefit plan like TRS, the
rules are less clear and there is more room for institutional flexibility. ORP
regulations require a one full calendar-month break in service between the date
of retirement and any resumption of state employment.
04.03 Notification
of Intent to Participate
Participation
is on a strictly voluntary basis at the request of individual faculty members.
A faculty member wishing to participate in this program should notify the
department chair or school director in writing not less than six months prior
to the beginning of the academic year in which participation will begin to
allow time for the phased retirement agreement negotiation, replacement
recruitment, and class schedule modification.
04.04 Agreement
The
retiring faculty member and the department chair or school director, with the
advice of the personnel committee, will negotiate an agreement which will
establish expectations for the modified service, subject to approval by the
college dean and provost and VPAA. However, nothing in this agreement shall
include a departmental commitment to offer specific courses at particular times
in selected semesters. Well in advance of each semester, the department chair
will consult with faculty on phased retirement regarding their teaching
preference for each semester. However, the chair will make the final
determination on teaching assignments based on the department’s needs.
The phased retirement agreement is for a one- to three-year period, as agreed.
The parties may agree to additional employment on a year-to-year basis, but
such renewals do not extend the phased retirement agreement.
04.05 Benefits
Relinquished by the Faculty Member
A
participating faculty member will relinquish his or her status as a full-time
faculty member, including tenure rights held, no later than the member's date
of retirement under TRS or ORP or the end of the academic year in which
notification of one's election to participate in this plan is given, whichever
is earlier. The faculty member will not relinquish his or her right to
participate in discussions of all departmental matters considered by the voting
faculty.
04.06 Excluding TRS or ORP membership (except as required by
law), participation entitles the faculty member to all the amenities that the
university affords its full-time faculty. Faculty members may opt to
participate in group insurance plans at levels provided for other retired
employees, or they may opt to participate in group insurance plans at levels
provided other active employees. The faculty member should consult with
Human Resources to determine which plan is more advantageous depending on the
faculty member’s individual teaching appointment.
04.07 Compensation
and Workload
a. Each
faculty member participating in this program shall receive a salary established
at a rate commensurate with the workload agreed to by the faculty member and
the university. The salary and associated workload is limited to not more than
one-half of the salary earned during the year immediately prior to beginning
participation in this program. During this time period a program participant
shall receive any merit and performance raises under the provisions provided to
comparable continuing full-time faculty members. The participant’s
workload (number of classes and, as appropriate, research and service) during
this period shall conform to the salary paid and the FTE assigned.
b. Program
participants appointed for nine months may elect to receive their salary in
either nine or twelve equal installments.
c. A
participant in this program may elect to modify his or her status to full
retirement at any time by simply notifying the department chair, in writing, of
this intent not fewer than ninety days prior to the beginning of the academic
year when this change in status is to become effective.
04.08 Departmental
Budgeted FTE
The
affected department will retain the salary negotiated for the faculty member on
phased retirement. The provost will recapture the remaining salary balance. The
provost may provide the department additional replacement salary funds during
the phased retirement period. Upon full retirement, the Office of the Provost
will recapture the salary. The department may seek authorization from the
provost to search for a replacement during the final year of the phased
retirement period.
04.09 Conditional
Reinstatement Privilege
If there are changes to or interpretations of state
or federal law that prohibit the purpose or provisions of this agreement, the
university will reinstate the participant to the rank, salary, and tenure
status held on the date he or she chose to participate in this program. In the
event of reinstatement, the participant may not belong to TRS or ORP, except as
provided by law. All laws and rules governing employment after retirement,
including those providing for forfeiture of benefits received for the period
during which the participant returned to full-time status will apply to any
reinstated TRS or ORP participant.
04.10 Impact
of Physical or Mental Disability
The
participant and the university agree that, should the participant become
permanently physically or mentally disabled during an academic year, the
university president shall, after the participant exhausts all accumulated
leave including sick leave pool, authorize extended sick leave for the remainder
of the contracted period. The university’s obligation is terminated at
the end of the contracted period in which the disability occurs.
04.11 Impact
of This Policy on Group Benefits Program (GBP) and TRS or ORP Rules
The laws and rules governing eligibility to draw
retirement benefits from TRS or an ORP contract and eligibility for membership
in GBP, TRS or ORP govern a participant’s eligibility and not this
policy.
05. REVIEWERS OF THIS
UPPS
05.01 Reviewers of this UPPS include the
following:
Position Date
Provost and Vice President October
1 E2Y
for Academic Affairs
Chair, Faculty Senate October
1 E2Y
06. CERTIFICATION
STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Provost
and Vice President for Academic Affairs; senior reviewer of this UPPS
President