Effective Date of Benefit Termination Medical, dental and life coverage termination will take effect on the first of the month following the loss of eligible employee or dependent status. Disability benefit coverage terminations will take effect on the day following loss of eligible employee status.
Employment Period Compensation In consideration of the other provisions of this Agreement, and the Executive’s agreement to execute a Release Agreement, substantially in the form attached hereto as Exhibit B, in the event of his termination under relevant circumstances pursuant to which he would be paid severance benefits, ESC shall provide the Executive with the following payments and benefits, both those set forth in this section and elsewhere in this Agreement:
Salary Benefits and Bonus Compensation 3.1 BASE SALARY. Effective July 1, 2000, as payment for the services to be rendered by the Employee as provided in Section 1 and subject to the terms and conditions of Section 2, the Employer agrees to pay to the Employee a "Base Salary" at the rate of $180,000 per annum, payable in equal bi-weekly installments. The Base Salary for each calendar year (or proration thereof) beginning January 1, 2001 shall be determined by the Board of Directors of Avocent Corporation upon a recommendation of the Compensation Committee of Avocent Corporation (the "Compensation Committee"), which shall authorize an increase in the Employee's Base Salary in an amount which, at a minimum, shall be equal to the cumulative cost-of-living increment on the Base Salary as reported in the "Consumer Price Index, Huntsville, Alabama, All Items," published by the U.S. Department of Labor (using July 1, 2000, as the base date for computation prorated for any partial year). The Employee's Base Salary shall be reviewed annually by the Board of Directors and the Compensation Committee of Avocent Corporation.
Base Salary and Benefits (a) During the Employment Period, the Company shall pay Executive an annual base salary of $535,600 (the “Base Salary”). As used herein, references to “Base Salary” shall include all subsequent increases in annual base salary during the Employment Period. The Base Salary shall be payable in regular installments in accordance with the Company’s general payroll practices (as in effect from time to time).
(b) In addition to the Base Salary, during the Employment Period, Executive will be eligible to earn an annual bonus under a bonus plan to be established by the Company, payable in accordance with the Company’s customary practices, as determined by the Board, in its sole discretion based upon the Company’s achievement of budgetary and other objectives set by the Board; provided that, in determining the amount of the annual bonus, if any, to be paid to Executive, the Board shall, in determining whether the Company has achieved the budgetary and other goals set by the Board, disregard any payments by the Company and its subsidiaries to Onex (as defined below) and affiliates.
(c) During the Employment Period, Executive shall be entitled to participate in all of the Company’s employee benefit programs for which senior executives of the Company and its subsidiaries are generally eligible. Without duplication of any employee benefits provided to all senior executives of the Company and its subsidiaries, the Company shall reimburse Executive for the annual premium cost of $1 million of term life insurance coverage purchased by Executive on his life, up to a maximum of Eleven Thousand Dollars ($11,000) per year.
(d) During the Employment Period, the Company shall (without duplication of any employee benefits provided to Executive pursuant to other provisions of this Agreement) reimburse Executive for all reasonable business expenses incurred by him in the course of performing his duties and responsibilities under this Agreement which are consistent with the Company’s policies in effect from time to time with respect to travel, entertainment and other business expenses, subject to the Company’s requirements with respect to reporting and documentation of such expenses.
(e) All amounts payable or otherwise provided to Executive pursuant to this Agreement shall be subject to all applicable withholding and deduction obligations.
Employee Termination A) Regular employees other than those serving a probationary period, shall give twenty-eight (28) calendar days written notice of termination to a representative designated by the Employer with the authority to accept such written notice.
B) In addition to the twenty-eight (28) calendar day notice, regular employees in positions above the level of general staff nurse shall inform the Employer of their intention to terminate as soon in advance as possible.
C) The period of notice as set forth in (A) above must be for time scheduled to be worked and must not include accrued vacation, unless such vacation has been previously scheduled and approved in accordance with Article 45.03 -
Salary, Bonus and Benefits During the Employment Period, Employer will pay Executive a base salary (the “Annual Base Salary”) of $165,000 per annum, subject to any increases as determined by the Board based upon the Company’s achievements of budgetary and other objectives set by the Board. For any fiscal year, Executive shall be eligible for an annual bonus of up to 50% of the Executive’s then applicable Annual Base Salary based upon the achievement by the Company, Employer and their Subsidiaries of budgetary and other objectives set by the Board; provided that with respect to the first year for which Executive is eligible for a bonus, such bonus shall be paid on a pro rata basis based upon that portion of the year that remained after the date of this Agreement. In addition, during the Employment Period, Executive will be entitled to such other benefits approved by the Board and made available to the senior management of the Company, Employer and their Subsidiaries.
Employment Period; Remaining Unexpired Employment Period (a) The terms and conditions of this Agreement shall be and remain in effect during the period of employment established under this Section 2 (“Employment Period”). The Employment Period shall be for an initial term of three (3) years beginning on the date of this Agreement and ending on the third anniversary date of this Agreement, plus such extensions, if any, as are provided pursuant to Section 2(b).
(b) Beginning on the date of this Agreement, the Employment Period shall automatically be extended for one (1) additional day each day, unless either the Company and the Bank, acting jointly, or the Executive elects not to extend the Agreement further by giving written notice to the other parties, in which case the Employment Period shall end on the third anniversary of the date on which such written notice is given. For all purposes of this Agreement, the term “Remaining Unexpired Employment Period” as of any date shall mean the period beginning on such date and ending on: (i) if a notice of non-extension has been given in accordance with this Section 2(b), the third anniversary of the date on which such notice is given; and (ii) in all other cases, the third anniversary of the date as of which the Remaining Unexpired Employment Period is being determined. Upon termination of the Executive’s employment with the Company and the Bank for any reason whatsoever, any daily extensions provided pursuant to this Section 2(b), if not therefore discontinued, shall automatically cease.
(c) Subject to Section 3, nothing in this Agreement shall be deemed to prohibit the Company or the Bank from terminating the Executive’s employment at any time during the Employment Period with or without notice for any reason; provided, however, that the relative rights and obligations of the Company, the Bank and the Executive in the event of any such termination shall be determined under this Agreement.
HOURS OF EMPLOYMENT A. The on-site work day for employees shall commence twenty-five minutes before the start of the pupils’ instructional day. The length of the workday for full-time employees, including a duty-free lunch break, shall be seven and one half hours per day. Employees may be required to serve additional hours at extra-curricular activities called by the site administrators. On Fridays or on designated minimum days with the exception of Teacher Collaboration or Conference days, employees may leave directly after the students except when required to complete other assigned duties. Employees, at their discretion, may leave school at the end of the student day if their immediate supervisor has required that they return to school to serve at an extra-curricular activity. Staff meetings called by the building principal shall be conducted during contract hours. Excepting state, federal, contractual, or mandated committees, all committee memberships shall be voluntary. Required committees shall be equitably filled by all teaching staff. Required extra-curricular activities shall be equitably distributed/attended by all teaching staff
B. Every full-time teacher shall be entitled to one duty-free, uninterrupted lunch period and two ten-minute relief periods each day. The lunch period shall be for the same duration of time as that provided for pupils of the school. Administrators will make every effort to ensure that the time between each duty free break will not exceed 2 hours. In instances where that is not possible, administrators will work with the teachers impacted to provide restroom relief as needed.
C. All teachers shall have time set-aside for preparation and planning. Teachers in grades TK-5 shall be entitled to at least a thirty minute daily prep period. Teachers in grades 6-8 and 9-12 shall be entitled to preparation periods equal to one class period as long as all grades are located on the same campus/site and have the same instructional minutes. If the sixth grade is returned to an elementary configuration (example 4-5-6), teachers shall be entitled to the same preparation period offered teachers in grades 4 and 5. Scheduling of preparation time shall be the responsibility of the site administrator. Preparation periods shall be duty free. Employees will not be requested by site administrators or by other staff to "cover" other classes during their preparation period. Employees may volunteer to cover classes during prep periods for teachers who need to be absent for a portion of the day to fulfill extra-duty assignments.
D. Hours of employment for part-time employees shall be assigned by the Superintendent.
E. Reasonable release time shall be provided for Association representatives to meet and negotiate and to process grievances. When Association representatives perform these duties outside of the 185 contracted work days, those representatives of the Association will be granted one compensatory day for each day in which business between the Association and the District is conducted, for a maximum of six KUTA members. Compensatory days must be taken by June 30 of the school year in which they are granted. Unused compensatory days will be forfeited after June 30 of each year.
F. The dismissal time and number of minimum days will be fairly applied at all sites within the District. The number of minimum days will be not less than 9 days, and shall include the days listed in Article V, Paragraph B as part of the nine minimum days.
G. The hours of employment for teachers shall include the following minimum number of instructional minutes which shall be offered to the students and shall continue to comply with the longer day, longer year provisions of California Education Code §46201:
Employment Benefits In addition to the Salary payable to the Executive hereunder, the Executive shall be entitled to the following benefits:
Accrued 100% sick leave The use of sick leave under this subsection is at the employee's discretion.
