Common use of Qualifications and Limitations Clause in Contracts

Qualifications and Limitations. To be eligible to participate in the Program and receive the post-retirement payment described in this Article, the faculty member must meet all of the following criteria: a) The faculty member must have completed at least ten (10) years of service to the College as a full-time faculty member as of his/her retirement date. Years of service may be non-consecutive. Neither accrued leave balances nor any period of a non-FMLA unpaid leave of absence count towards years of service. b) The faculty member must retire from the College and meet the eligibility criteria to retire under SURS as of his/her retirement date. The faculty member will no longer be an active or contributing participant in SURS immediately following his/her retirement date. c) Requests to participate in the Program may be made during any year of this contract. The last day to request to participate in the Program is December 3, 2021. During the 2018-2019 contract year, the minimum length of participation in the Program may be one (1) year, with a retirement date at the end of the 2019-2020 academic year. Otherwise, the minimum length of participation in the Program is two (2) years, and the maximum length is four (4) years. Under no circumstances may a faculty member’s retirement date be later than the first Wednesday after the end of the College’s 2026 Summer Session. d) Eligible faculty members may submit a written request to participate in the Program along with their notice of retirement to the appropriate Xxxx and Vice President for Educational Affairs by December 3 of the academic year preceding the faculty member’s intended participation in the program, except for the 2018-2019 academic year when the request must be submitted by January 11, 2019. For example, a faculty member who wants to participate in the Program for three (3) years and retire at the end of the 2022-2023 academic year must give notice by December 3, 2019. The Xxxx and Vice President for Educational Affairs shall notify the faculty member if he/she meets eligibility to participate in the Program within 30 calendar days from receipt of the faculty member’s request or by the last day of the applicable Fall semester, whichever date is earlier. The Board will then take action on the faculty member’s retirement date and participation in the Program. e) Once a faculty member is approved by the Board for retirement and participation in the Program, his/her retirement date is irrevocable. Separation of employment for any reason prior to the faculty member’s retirement date shall cancel participation in the Program, unless otherwise authorized by the College on a non-precedential basis. f) The faculty member’s notice year shall be the control year for purposes of any earnings increases paid while the faculty member is participating in the Program. When participating in the Program, the faculty member’s earnings may not exceed the applicable statutory limit on end-of-career earnings increases, unless otherwise authorized by the College on a non-precedential basis. g) The faculty member must retire under SURS. Should SURS determine that the College is required to pay a contribution for a participant in the Program, the amount of that faculty member’s post-retirement payment will be reduced by the amount of the contribution assessed by SURS if the contribution is attributed to a period of time when the faculty member was not participating in the Program. There shall be no reduction if a contribution is attributed to a period of time during which the faculty member was participating in the Program. h) Any faculty member who provided notice of retirement under a prior contract is not eligible to participate in the Program.

Qualifications and Limitations. To be eligible to participate in the Program and receive the post-retirement payment described in this Article, the faculty member must meet all of the following criteria: a) The faculty member must have completed at least ten (10) years of service to the College as a full-time faculty member as of his/her retirement date. Years of service may be non-consecutive. Neither accrued leave balances nor any period of a non-FMLA unpaid leave of absence count towards years of service. b) The faculty member must retire from the College and meet the eligibility criteria to retire under SURS as of his/her retirement date. The faculty member will no longer be an active or contributing participant in SURS immediately following his/her retirement date. c) Requests to participate in the Program may be made during any year of this contract. The last day to request to participate in the Program is December 3, 2021. During the 2018-2019 contract year, the minimum length of participation in the Program may be one (1) year, with a retirement date at the end of the 2019-2020 academic year. Otherwise, the minimum length of participation in the Program is two (2) years, and the maximum length is four (4) years. Under no circumstances may a faculty member’s retirement date be later than the first Wednesday after the end of the College’s 2026 Summer Session. dx) Eligible Xxxxxxxx faculty members may submit a written request to participate in the Program along with their notice of retirement to the appropriate Xxxx and Vice President for Educational Affairs by December 3 of the academic year preceding the faculty member’s intended participation in the program, except for the 2018-2019 academic year when the request must be submitted by January 11, 2019. For example, a faculty member who wants to participate in the Program for three (3) years and retire at the end of the 2022-2023 academic year must give notice by December 3, 2019. The Xxxx and Vice President for Educational Affairs shall notify the faculty member if he/she meets eligibility to participate in the Program within 30 calendar days from receipt of the faculty member’s request or by the last day of the applicable Fall semester, whichever date is earlier. The Board will then take action on the faculty member’s retirement date and participation in the Program. e) Once a faculty member is approved by the Board for retirement and participation in the Program, his/her retirement date is irrevocable. Separation of employment for any reason prior to the faculty member’s retirement date shall cancel participation in the Program, unless otherwise authorized by the College on a non-precedential basis. f) The faculty member’s notice year shall be the control year for purposes of any earnings increases paid while the faculty member is participating in the Program. When participating in the Program, the faculty member’s earnings may not exceed the applicable statutory limit on end-of-career earnings increases, unless otherwise authorized by the College on a non-precedential basis. g) The faculty member must retire under SURS. Should SURS determine that the College is required to pay a contribution for a participant in the Program, the amount of that faculty member’s post-retirement payment will be reduced by the amount of the contribution assessed by SURS if the contribution is attributed to a period of time when the faculty member was not participating in the Program. There shall be no reduction if a contribution is attributed to a period of time during which the faculty member was participating in the Program. h) Any faculty member who provided notice of retirement under a prior contract is not eligible to participate in the Program.