Pension Fund 1. The Employer shall make contributions to a pension trust fund known as the “Building Service 32BJ Pension Fund” to cover bargaining unit employees who are regularly employed twenty (20) or more hours per week, including paid time off. The Employer shall also make contributions on behalf of other bargaining unit employees to the extent that such employees work a sufficient number of hours to require benefit accrual pursuant to Section 204 of ERISA. Employees unable to work and who are on statutory short term disability benefits or workers’ compensation shall continue to accrue pension credits without employer contributions during the periods of disability up to six (6) months or the period of disability whichever is earlier.
2. The Employer shall pay into the Fund the sum of $94.75 per week for every regular employee as defined in the Building Service Pension Plan, as it may be amended, except as provided in Section 4 hereof.
3. Effective January 1, 2015, the Employer shall pay into the Fund the sum of $98.75 per week for every regular employee.
4. If the Employer has in effect a pension and retirement plan which has been determined to provide benefits equivalent or superior to those provided under the Building Service 32BJ Pension Plan, it may continue such plan provided it continues to provide retirement benefits equivalent or superior to the benefits that are provided under the Building Service 32BJ Pension Plan during the term of this agreement, and it shall be relieved of any obligation to make payments into the Fund.
5. Any Employer who becomes party to this Agreement and who immediately prior thereto has a pension plan in effect which provides benefits equivalent to or better than the benefits provided herein, may, upon agreement of the Union and RAB, cover his/her employees under its existing plan in lieu of this Fund and be relieved of the obligation to make contributions to the Fund for the period of such other coverage.
6. In no event shall the Trustees or any of them, the Union or the RAB, directly or indirectly, by reason of this agreement, be understood to consent to the extinguishment, change or diminution of any legal rights, vested or otherwise, that anyone may have in the continuation in existing form of any such Employer pension plan, and the Trustees or any of them, the Union and the RAB shall be held harmless by an Employer against any action brought by anyone covered under such Employer’s plan asserting a claim based upon anything done pursuant to Section 5 of this Article. Notice of the pendency of any such action shall be given the Employer who may defend the action on behalf of the indemnitee.
7. The parties agree that if there is new governmental regulations issued that implement the excise tax provisions of the Pension Protection Act (PPA), or there is further governmental reform relating to the funding of pension funds, the parties shall meet to discuss what steps, if any, might be appropriate to ameliorate any adverse impact on the Funds, its participants and employers. To the extent that any employer covered by this Agreement, with respect to employees covered by this Agreement, becomes subject to the automatic employer surcharge or any excise tax, penalty, fee, increased contribution rate or other amount relating to the funding of the Pension Fund (but not including interest, liquidated damages, or other amounts owed as a consequence of failing to make timely remittance of contributions to the Pension Fund) under Sections 412 or 432 of the Internal Revenue Code, then the parties agree that the required contributions to the Health Fund, Training Fund and/or Legal Services Fund for each employer covered under this Agreement shall be reduced dollar for dollar by the aggregate amount of any additional contribution and/or surcharge amounts, excise taxes, penalties, fees or other amounts that such employer is required to pay, as provided in this subsection. Unless a different allocation among the Funds is agreed upon in advance of any applicable due date for such contributions by the Presidents of the RAB and Local 32BJ, such amount shall be allocated solely from the Health Fund.
Refund Policy After the cancellation period, the institution provides a pro rata refund of ALL funds paid for tuition charges to students who have completed 60 percent or less of the period of attendance. Once more then 60 percent of the enrollment period in the entire course has incurred (including absences), there will be no refund to the student. Application & Registration Fees are non refundable item. Books, supplies and any other items issued and received by the student would not be returnable. If you cancel the agreement, the school will refund any money that you paid, less any deduction for registration fee. If you withdraw from school after the cancellation period, the refund policy described above will apply. If the amount that you have paid is more than the amount that you owe for the time you attended, then a refund will be made within 45 days of the official withdrawal date. See Refunds section below. If the amount that you owe is more than the amount that you have already paid, then you will have to arrange with the institution to pay that balance. Official withdrawal date is on the student’s notification or school’s determination. If the student has received federal student financial aid funds, the student is entitled to a refund of moneys not paid from federal student financial aid program funds. Special note to students receiving Unsubsidized/Subsidized/PLUS/Xxxxxxx loans, ACG/National SMART/Pell/SEOG grants or other aid, if you withdraw from school prior to the completion of the equivalent to 60 percent of the workload in any given semester, a calculation using the percentage completed will be applied to the funds received or that could have been receive that will determine the amount of aid the student earned. Unearned funds would be returned to the program in the order stated below by the school and/or the student. Student liability to loan funds will continue to be paid in accordance to the original promissory note terms. Funds owed by the student to the Grant programs are limited to 50% of the gross award per program received. Sample Calculation, completion of 25% of the semester earns only 25% of the aid disbursed or that could have been disbursed. If applicable, this would be the first calculation to determine the amount of aid that the student would be eligible for from the Title IV Financial Aid programs.
Insurance Committee An Insurance Committee comprised of three (3) representatives selected by the Superintendent and three (3) representatives selected by Okeechobee County Education Association #1604 shall be established to review and make recommendations regarding the health insurance program. The committee shall meet at least once every three (3) months and may meet more frequently as needed. Notwithstanding the above, any anticipated changes to the hospitalization and health insurance program which would result in a program less than equivalent to the existing program shall be subject to negotiations.
Refund Procedures Upon the withdrawal of this Agreement or residence application by the Resident, as detailed in section 8.02, the Residence may be entitled to a partial refund of Residence Fees, without interest, within eight (8) weeks of the Resident vacating the Residence or cancelling their residence application. The refund will be in the form of a cheque mailed to the Resident’s permanent address on file in the Resident’s name only. If a student requires a cheque to be reissued as a result of the resident not providing an updated address prior to vacating residence and/or cancelling their residence application, a charge of $50 may be applied. Refunds are issued based on the following:
(a) Academic Year (and Fall only) Applications/Agreements (Detailed in Table 5)
(i) If the Resident’s My Housing Portal cancellation request is received by the Residence Manager on or before June 15 (Deadline 1), whether the Resident has been accepted into Residence or not, the Resident will receive a full refund of any Residence Fees paid to date.
(ii) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after June 15 (Deadline 1) but on or before August 1 (Deadline 2), then the Resident will receive a full refund of any Residence Fees paid to date less a cancellation fee of $500
(iii) If the Resident is on the wait list and a space becomes available after June 15 (Deadline 1), the Resident will be offered a space in Residence and asked to confirm the status of the Resident’s Residence acceptance within 24 hours. After confirmation to the Residence, all regular cancellation policies and payment deadlines apply.
(iv) If the Resident has been accepted into Residence and the Residence Manager receives the Resident’s My Housing Portal cancellation request after August 1 (Deadline 2), but on or before the first day of the Term (Deadline 3), then the Resident will be charged a late cancellation fee. The cancellation fee will be equivalent to 30 days of Residence Fees. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence.
(v) If the Residence Manager receives the Resident’s written cancellation request after the first day of the Term (Deadline 3) and on or before November 15 (Deadline 4), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 60 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence.
(vi) If the Residence Manager receives the Resident’s written cancellation request after November 15 (Deadline 5), then the Resident will be charged for each day they occupy a Residence room plus a cancellation fee. The Resident must complete all Move-out Procedures detailed in section 3.02 before cancellation fees and refunds will be assessed and issued. The cancellation fee will be equivalent to 90 days of Residence Fees. The cancellation fee will not exceed the Agreement end date (“Move-Out Day”) or as Customized by the Manager section, detailed in Table 1. Any Residence Fees paid will be refunded less any damages, charges or money owing to the Residence.
JOINT LABOUR MANAGEMENT COMMITTEE A Joint Labour Management Committee shall be established to attend to those matters which are of mutual interest. To ensure its effectiveness the Committee shall be separate and apart from the grievance procedure.
Committee Mandate The mandate of the Redeployment Committee is to:
(1) Identify and propose possible alternatives to the proposed layoff(s) or elimination of position(s), including, but not limited to, identifying work which would otherwise be bargaining unit work and is currently work contracted-out by the Hospital which could be performed by bargaining-unit employees who are or would otherwise be laid off;
(2) Identify vacant positions in the Hospital or positions which are currently filled but which will become vacant within a twelve (12) month period and which are either:
(a) within the bargaining unit; or
(b) within another CUPE bargaining unit; or
(c) not covered by a collective agreement.
(3) Identify the retraining needs of workers and facilitate such training for workers who are, or would otherwise be, laid off.
(4) Subject to article 9.11, the Hospital will award vacant positions to employees who are, or would otherwise be laid off, in order of seniority if, with the benefit of up to six (6) months retraining, an employee has become able to meet the normal requirements of the job.
(5) Any dispute relating to the foregoing provisions may be filed as a grievance commencing at Step 2.
Cancellation/Refund Policy A Student wishing to cancel an enrollment or withdraw may complete a Withdrawal/Cancellation Form. This form is available at xxx.XXX.xxx or from the Registrar located in Suite 203. Health Career Institute will refund monies paid by students in the following manner: All monies will be refunded if the applicant is not accepted by the school or if the student cancels with in three (3) business days after signing the Enrollment Agreement and making payment. Cancellation after the third (3rd) business day, but before the first day of class, will result in a refund of all monies paid with the exception of the non-refundable registration fee. Any textbooks and uniform polo shirts that were issued must be returned to the school unused to receive the refund for those items. Refunds will be made within 30 calendar days of date of the cancelation with proper submission of a Withdrawal/Cancellation Form by the student. Written notification may be submitted by email, fax or in person. Refunds will be made within 30 calendar days of the first day of class if no written notification is provided by the student.
Hospital-Association Committee (a) There shall be a Hospital-Union Committee comprised of representatives of the Hospital, one of whom shall be the Chief Nursing Officer or designate and of the Union, one of whom shall be the Bargaining Unit President or designate. The number of representatives is set out in the Appendix of Local Provisions and the membership of the Committee may be expanded by mutual agreement.
(b) The Committee shall meet every two (2) months unless otherwise agreed and as required under Article 8.01 (a) (iv). The duties of chair and secretary shall alternate between the parties. Where possible, agenda items will be exchanged in writing at least five (5) calendar days prior to the meeting. A record shall be maintained of matters referred to the Committee and the recommended disposition, if any, unless agreed to the contrary. Copies of the record shall be provided to Committee members.
(c) The purpose of the Committee includes:
i) promoting and providing effective and meaningful communication of information and ideas, including but not limited to workload measurement tools and the promotion of best practices. Such communication may include discussion of nursing workload measurement and patient acuity systems. The Hospital will provide, upon request, information on workload measurement systems applicable to nursing currently used by the Hospital, and evaluations completed by the Hospital of such systems.
ii) reviewing professional responsibility complaints with a view to identifying trends and sharing organizational successes and solutions, making joint recommendations on matters of concern including the quality and quantity of nursing care and discussing the development and implementation of quality initiatives;
iii) making joint recommendations to the Chief Nursing Officer on matters of concern regarding recurring workload issues including the development of staffing guidelines, the use of agency nurses and use of overtime;
iv) dealing with complaints referred to it in accordance with the provisions of Article 8, Professional Responsibility;
v) discussing and reviewing matters relating to orientation and in- service programs;
vi) promote the creation of full-time positions for nurses, and discuss the effect of such changes on the employment status of the nurses. This may include the impact, if any, on part-time and full-time, job sharing and retention and recruitment.
(d) The Hospital agrees to pay for time spent during regular working hours for representatives of the Union attending at such meetings.
(e) Where a Committee representative designated by the Union attends Committee meetings outside of her or his regularly scheduled hours, she or he will be paid for all time spent in attendance at such meetings at her or his regular straight time hourly rate of pay. Such payment shall be limited to two (2) Committee representatives per meeting.
Education Fund Full-Time and Part-Time
27.01 If the Local Union indicates to the Hospital that a special assessment of $0.03 per hour for Union education applies to all bargaining unit members, the Hospital agrees to deduct this assessment. Such assessment along with a listing of employees will be paid on a quarterly basis into a trust fund established and administered by the applicable SEIU Local Union for this purpose.
Fund Administration Money Market Fund Services Subject to the authorization and direction of the Trust, the Administrator will provide the money market fund services set forth on Schedule A(i) (the “Money Market Services”) to the Trusts listed on Exhibit A hereto assist the Trusts in complying with certain of the compliance testing and reporting requirements applicable to the Trusts that are “money market funds” within the meaning of Rule 2a-7 under the 1940 Act.
