Common use of Demotion or Retirement Instead of Layoff Clause in Contracts

Demotion or Retirement Instead of Layoff. 19.4.1 A permanent or probationary employee who has been removed from his/her classification for lack of work or lack of funds and after exercising his/her bumping rights may accept a voluntary demotion to a vacant position in a lower class or placement in an equal class, in lieu of layoff, provided that the employee is qualified to perform the duties thereof. Such employee shall maintain his/her reemployment rights as defined in this Article. 19.4.2 Employees who, in lieu of layoff, take voluntary demotions or voluntary reductions in assigned time shall be, at the employees’ option, returned to a position in their former classification or to a position with increased assigned time as vacancies become available, in the reverse order of layoff and for a period of sixty-three (63) months from the effective date of the layoff. Such employees shall be ranked in accordance with their seniority on the reemployment list. 19.4.3 An employee who is laid off and elects retirement from the Public Employees Retirement System (PERS) shall be placed on a reemployment list. The District shall notify PERS that retirement was due to layoff. Should the employee subsequently accept, in writing, reemployment, the District shall maintain the vacancy until PERS has properly processed the request for reinstatement from retirement; however, the vacancy may be staffed temporarily pending processing of the PERS reinstatement request.

Appears in 7 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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