Employees; Benefits Employer agrees that any and all benefits that were provided to the Employee shall continue until _________________, 20____. In addition, the Employer shall assist the Employee in the transfer, change, or termination to any employment benefits, including, but not limited to, health insurance plans, dental insurance plans, vision insurance plans, life insurance plans, disability insurance, childcare benefits, wellness programs, retirement plans, government assistance programs, and/or any other program or benefit that was readily accessible and being used by the Employee.
Other Employment Benefits During the Employment Term, the Executive shall be entitled to the following employment benefits:
(a) four (4) weeks of paid vacation in each fiscal year of EDGEN while the Executive is employed hereunder (one week of which, if not used by the Executive in any given fiscal year, may be carried over to the next fiscal year; provided, that the Executive shall not have more than five (5) weeks of paid vacation in any given fiscal year as a result of such carry over), and sick leave in accordance with EDGEN’s policies from time to time in effect for executive officers of EDGEN; provided, that, except as provided herein, vacation and/or sick leave time not used in any year may not be carried over or transferred from one year to another or converted to cash, except in a year in which there is a Change of Control (as hereinafter defined) where the Executive is no longer employed;
(b) participation, subject to qualification requirements, in medical, life or other insurance or hospitalization plans and long-term disability policies which are presently in effect or hereinafter instituted by EDGEN and applicable to its executive officers generally;
(c) participation, subject to classification requirements and continued maintenance thereof by EDGEN in other Executive benefit plans, such as pension and profit sharing plans, which are from time to time applicable to EDGEN’s executive officers generally;
(d) an automobile allowance of $1,200 per month, which shall be used by the Executive to cover all lease and insurance payments with respect to one automobile of the Executive’s choice for business purposes, which automobile’s retail value shall not exceed $75,000. The Executive shall provide proof of insurance in limits and with a company approved by EDGEN. EDGEN shall also be listed as a “named insured” under the policy. EDGEN shall reimburse the Executive, upon the presentation of appropriate receipts, for all reasonable and necessary maintenance, repair and gasoline costs incurred by the Executive in connection with the use of such automobile; provided, that such costs are directly related to the performance by the Executive of his obligations to EDGEN and/or to Parent hereunder;
(e) EDGEN shall purchase (subject to the insurability of the Executive at standard rates) a life insurance policy in the amount of $1,000,000 on the life of the Executive to provide benefits under Section 5.2 (b) hereof; and
(f) a supplemental payment of $9500 per annum (the “Supplemental Payment”), which shall be paid in accordance with EDGEN’s customary payroll practices which are in effect from time to time during the Employment Term.
Employees; Benefit Plans (a) During the period commencing at the Effective Time and ending on the date which is FIVE (“5”) months from the Effective Time (or if earlier, the date of the employee's termination of employment with Parent and its Subsidiaries), Parent shall cause the Surviving Corporation and each of its Subsidiaries, as applicable, to provide the employees of the Company and its Subsidiaries who remain employed immediately after the Effective Time (collectively, the "Company Continuing Employees") with base salary, target bonus opportunities (excluding equity-based compensation), and employee benefits that are, in the aggregate, no less favorable than the base salary, target bonus opportunities (excluding equity-based compensation), and employee benefits provided by the Company and its Subsidiaries on the date of this Agreement.
(b) With respect to any "employee benefit plan" as defined in Section 3(3) of ERISA maintained by Parent or any of its Subsidiaries, excluding both any retiree healthcare plans or programs maintained by Parent or any of its Subsidiaries and any equity compensation arrangements maintained by Parent or any of its Subsidiaries (collectively, "Parent Benefit Plans") in which any Company Continuing Employees will participate effective as of the Effective Time, Parent shall, or shall cause the Surviving Corporation to, recognize all service of the Company Continuing Employees with the Company or any of its Subsidiaries, as the case may be as if such service were with Parent, for vesting and eligibility purposes (but not for (i) purposes of early retirement subsidies under any Parent Benefit Plan that is a defined benefit pension plan or (ii) benefit accrual purposes, except for vacation, if applicable) in any Parent Benefit Plan in which such Company Continuing Employees may be eligible to participate after the Effective Time; (iii) Continuing Company shall honor all consulting or advisory agreement previously entered into, or employment pending equity awards stock options or warrants to purchase equity based upon performance. provided, that such service shall not be recognized to the extent that (A) such recognition would result in a duplication of benefits or (B) such service was not recognized under the corresponding Company Employee Plan.
(c) This Section 5.07 shall be binding upon and inure solely to the benefit of each of the parties to this Agreement, and nothing in this Section 5.07, express or implied, shall confer upon any other Person any rights or remedies of any nature whatsoever under or by reason of this Section 5.07. Nothing contained herein, express or implied (i) shall be construed to establish, amend or modify any benefit plan, program, agreement or arrangement or (ii) shall alter or limit the ability of the Surviving Corporation, Parent or any of their respective Affiliates to amend, modify or terminate any benefit plan, program, agreement or arrangement at any time assumed, established, sponsored or maintained by any of them. The parties hereto acknowledge and agree that the terms set forth in this Section 5.07 shall not create any right in any Company Employee or any other Person to any continued employment with the Surviving Corporation, Parent or any of their respective Subsidiaries or compensation or benefits of any nature or kind whatsoever.
(d) With respect to matters described in this Section 5.07, the Company will not send any written notices or other written communication materials to Company Employees without the prior written consent of Parent.
Employment Benefits In addition to the Salary payable to the Executive hereunder, the Executive shall be entitled to the following benefits:
Plan Benefits Each year, prior to the annual enrollment period, EMPLOYEES will receive Enrollment information that will outline the benefits offered next calendar year. Information relative to specific health insurance benefits and limitations will be updated regularly and contained in the SPD. In the event there is a conflict between the provisions of the collective bargaining agreement and the SPD, the District's SPD shall control.
Company Benefits Subject to the satisfaction of the general rules for eligibility and participation under the Company’s standard employee benefit plans and practices, Executive shall be allowed to participate in the Company’s standard employee benefit plans and practices which may be in effect from time to time during the term of Executive’s employment and are provided by the Company to its employees generally. Such participation shall be governed by the applicable plan documents, and the Company reserves the right, in its discretion, to amend, modify, or discontinue any benefit plan or practice.
HOURS OF EMPLOYMENT 6.1 The employee shall be on duty at the school at least thirty (30) minutes prior to the beginning of the first student period. If assigned a pre-period, the employee must arrive 30 minutes prior to the pre-period.
6.2 Kindergarten teachers shall have the same school hours as other teachers in their school.
6.3 Middle school teachers shall have one (1) unassigned instructional period per day set aside for planning. This period shall be equivalent to one normal class period.
6.4 Elementary Art, Music, and PE teachers shall be provided 45 minutes a week of preparation time.
6.5 Every employee shall be entitled to one duty-free lunch period per day of not less than thirty (30) consecutive minutes. Each employee shall also be allowed two (2) relief periods (recesses) each day even when serving on yard duty. A preparation period is considered a relief period.
6.6 The unit member shall attend one faculty meeting each week if scheduled by the principal, and the employee shall be provided with an agenda prior to such meetings. Unit members may be permitted to place items on the agenda. One (1) day per week, unit members shall be required to attend until 4:45 p.m. if a meeting is called. These meetings may include minimum day in-service, faculty meetings and other meetings as prescribed by the administrator in charge. On the Wednesday preceding issuance of report cards/progress reports, unit members will be released from weekly faculty meetings to work on the issuance of such cards/reports. Unit members shall not be released from weekly faculty meetings on any week during which a non-instructional, teacher work day is scheduled.
6.7 Planning and preparation time shall be used for planning, preparation, and conferencing with parents, pupils and other teachers or administrators.
6.8 Employees shall participate in student extra-curricular activities, on a voluntary basis, such as student dances, music performances, athletic events, etc. If there are no volunteers, the principal will appoint staff members. In no event shall an employee be required to participate in more than two (2) extra-curricular assignments per year. It shall be the responsibility of the principal to allocate assignments in an equitable manner.
6.9 Employees shall participate in duties as assigned by the principal such as "Back to School Night" and "Open House” and “Kindergarten Orientation.” The District shall make every effort to schedule Open House on a minimum day so unit members will have a greater opportunity to prepare information and materials for meeting parents. The employee has the obligation to participate in meetings pertinent to but not limited to, parent-teacher conferences, principal–teacher conferences, 504 meetings, IEP meetings, and curriculum work.
6.10 During the hours of employment, employees shall perform those duties normally associated with certificated employees as assigned by the principal. To the extent possible, each site will set aside one or more days per month for IEP meetings. Certificated staff will be released from class during contract time to attend such meetings. Every effort will be made to schedule IEP meetings and 504 meetings during the school day. However, if parent, teacher, or service provider scheduling requires an after school meeting, a seven (7) calendar day advance notice will be given to all participants in the absence of exigent circumstances.
6.11 Certificated staff will be released from class during contract time to attend such meetings. There shall be a minimum day one (1) day per week to allow time after students are dismissed for working on such topics as planning, professional growth, curriculum planning and scheduling. At the beginning of each school year, each school site will designate one Wednesday in a month where there are at least four (4) Wednesdays for teacher determined use that will consist of collaboration with one or more colleagues. An agenda and minutes will be developed and provided to the school administrator.
6.12 Each school teacher grades TK-8 shall have the equivalent of ten (10) minimum days designated as parent conference days.
6.13 Hours of employment for part-time employees shall be assigned by the Human Resources Director after consultation with the employee and the principal and duties shall be pro- rated.
6.14 As long as the District funds classified positions, known as P.E. Specialists, it shall provide substitutes for P.E. Specialists when absent in order for classroom teachers to be provided preparation time.
6.15 If a TK-8th grade substitute is unavailable:
6.15.1 Another teacher may voluntarily cover the class during their preparation time and be paid their pro-rated per diem rate of pay.
6.15.2 A part-time or job share teacher may substitute during non-contract time and be paid their pro-rated per diem rate of pay. If a job share teacher substitutes for their partner teacher, then the pay is per diem (pro rated if not a full day).
6.15.3 If a teacher takes another teacher’s students in addition to their own class, the teacher will receive the hourly rate of pay pursuant to Article 3.16 per hour for the number of hours the class is with them. This applies when taking at least 7 of the students in a teacher’s class.
Vacation Benefits During the Term, the Executive shall be eligible for 20 vacation days annually, which shall be accrued and used in accordance with the applicable policies of the Company. During the Term, the Executive shall be eligible to participate in such medical, dental and life insurance, retirement and other plans as the Company may have or establish from time to time on terms and conditions applicable to other senior executives of the Company generally. The foregoing, however, shall not be construed to require the Company to establish any such plans or to prevent the modification or termination of such plans once established.
Separation Benefits If this Agreement is terminated either by the Company without Cause in accordance with Section 6(c) (including the Company’s non-renewal of this Agreement) or by Employee resigning his employment for Good Reason in accordance with Section 6(d), the Company shall have no further obligation to Employee under this Agreement, except the Company shall provide the Accrued Obligations to Employee in accordance with Section 7(a) plus the following payments and benefits (collectively, the “Separation Benefits”) to Employee: (i) an amount equal to one times the sum of the Base Salary in effect immediately before the Termination Date plus the Annual Bonus received by Employee for the fiscal year preceding the Termination Date (or if Employee was employed for less than one full fiscal year prior to the Termination Date, the Annual Bonus for purposes of this Section 7 shall be the Annual Bonus payable during the current fiscal year at the target amount provided above) (together, the “Separation Pay”); and (ii) during the six-month period commencing on the Termination Date that Employee is eligible to elect and elects to continue coverage for himself and his eligible dependents under the Company’s group heath insurance plan pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended (“COBRA”), or similar state law, the Company shall reimburse Employee on a monthly basis for the difference between the amount Employee pays to effect and continue such coverage under COBRA and the employee contribution amount that active employees of the Company pay for the same or similar coverage; provided, however, that Employee shall notify the Company in writing within five days after he becomes eligible after the Termination Date for group health insurance coverage, if any, through subsequent employment or otherwise and the Company shall have no further reimbursement obligation after Employee becomes eligible for group health insurance coverage due to subsequent employment or otherwise. The Separation Pay shall be paid to Employee in a lump sum within 60 days of the Termination Date; provided, however, that no Separation Pay shall be paid to Employee unless the Company receives, on or within 55 days after the Termination Date, an executed and fully effective copy of the Release (as defined below). Any COBRA reimbursements due under this Section shall be made by the last day of the month following the month in which the applicable premiums were paid by Employee. For the avoidance of doubt, Employee shall not be entitled to the Separation Benefits if this Agreement is terminated (i) due to Employee’s death; (ii) by the Company due to Employee’s Inability to Perform; (iii) by the Company for Cause; (iv) by Employee without Good Reason; or (v) by non-renewal by Employee in accordance with Sections 4(b) and 6(f).
Layoff Benefits All rights to which a certificated employee was entitled at the time of his/her layoff including unused accumulated sick leave and credits toward leave eligibility will be restored to the certificated employee upon his/her return to active employment, and the certificated employee will be placed upon the proper step of the salary schedule for the certificated employee's current position according to the certificated employee's experience and education.
