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Effective July 1, 2014 through June 30, 2017

This contract is an agreement between Association of College Educators, AFT Local 6554 and West Valley-Mission Community College District.

Article 15 Retirement

15.1 Academic Emeritus Benefits

15.1 Academic Emeritus Benefits

All retirees are granted Academic Emeritus status. With this status comes the entitlement to certain rights and privileges, as follows:

  1. Waiver of all registration and associated fees for one class per semester.
  2. Twenty percent discount on Community Education classes if fee is over $25.00.
  3. Free admission to all home game athletic events, excluding play-off games.
  4. Free admission to all theater productions performed on campus, for member and one guest (reservations required).
  5. Unlimited library privileges.
  6. Lifetime staff parking permits.
  7. For information on fringe benefits, see Article 14.
  8. Retirees desiring employment as associate faculty members after retirement may be granted reemployment preference under the provisions of Article 100 if they have received an “Exemplary” evaluation on their most recent full evaluation prior to retirement or an “Exemplary evaluation in their last year of full time assignment prior to retirement.

15.1.1 Early Retirement Programs

Eligible faculty may participate in one of four different early retirement programs: (1) STRS Reduced Workload Program; (2) Combination STRS Reduced Workload program and Phase-In Retirement; (3) Phase-In Retirement; or (4) Pre-Retirement Banked Load Leave. The duration of the program chosen may not exceed five (5) years.

General Provisions for all programs:

  1. For the Phase-In programs, faculty may use regular or pre-retirement banked load. For the Pre-Retirement Banked Load Leave Program, only pre¬retirement banked load may be used.
  2. Approval of the program is primarily contingent upon the ability of the member’s department/service/program area to maintain its offerings or services.
  3. Once approved and implemented by written notification, any proposed revision or modification must be submitted in writing to the appropriate Vice-President at least six (6) months before the desired modification is to begin. Any proposed modification shall be considered for approval on its particular merits and ramifications and may or may not be approved.
  4. Recommendations and approvals shall not be withheld, except for good cause and shall be based on the member’s eligibility and ability of the department/service area to maintain offerings/services.
  5. For the pre-retirement banked load leave plans, the faculty member must retire at the end of the semester specified in the approved plan.
  6. Members with a Board approved Application for Early Retirement (described below) shall not be eligible to participate in other leaves of absence and retirement incentives such as golden handshakes.
  7. Applications for Early Retirement shall be considered on a case-by-case basis.

15.1.2 STRS Reduced Workload program:

15.1.2.1 Eligibility Requirements

To be eligible for the STRS reduced workload program, the member must meet all of the following criteria and any additional criteria as required by the State Teacher’s Retirement System:

  1. Be at least 55 years of age prior to the reduced workload effective date.
  2. Have been employed full-time in an academic position for at least ten (10) years, of which the immediately preceding five years were full-time employment.
  3. Be eligible to retire for service under STRS upon the completion of the reduced workload program.
  4. Have been employed full-time in an academic position for a total of at least five years without a break in service, immediately preceding the beginning of the reduced workload program. For this purpose, sabbaticals and other approved leaves of absence shall not constitute a break in service, provided any payback commitment has been fulfilled. Time spent on a sabbatical or other approved leave of absence, however, shall not be used in computing the five years of full-time service requirement.

Provisions of Program

  1. The member’s workload may be reduced to a minimum of 50% for each year of the reduced workload program. The member must work a minimum of a 50% workload for the academic year, which can be averaged over the term of the year.
  2. If the member wishes to work a different reduced workload each year of the program, the member must obtain an approval of the change in assignment each year, which shall result in formal action by the Board and STRS.
  3. The faculty member shall be paid a pro-rated salary based on the percent that the reduced workload bears to a full-time workload.
  4. The faculty member shall receive STRS credit that he or she would have received if he or she had continued as a full-time employee.
  5. The faculty and the District shall both continue to contribute to the STRS the amount each would have contributed if the faculty member had continued to work on a full-time basis.
  6. The faculty member on the reduced workload program shall continue to receive the fringe benefits the member would receive had the member continued to work on a full-time basis.
  7. This program may only be revoked by mutual consent of the District and the member subject to STRS regulations.

15.1.3 Combination STRS Reduced Workload Program and Phase-In Retirement

15.1.3.1 Eligibility Requirements

15.1.3.1.2 The eligibility for this program is the same as the STRS reduced workload program described in Article 15.1.2.1 with the following additional requirement—the faculty member must have and use regular and/or pre-retirement banked load.

Provisions of Program

  1. The member’s workload each year shall consist of a STRS reduced workload plus banked load. The STRS reduced workload must be a minimum of 50% for each academic year of the program. When combined with banked load, the member’s total workload may range up to 100%. The banked load portion of the workload for each year may be different; however, if the member wishes to work a different STRS reduced workload assignment each year of the program, the member must obtain an approval of the change in assignment each year, which shall result in formal action by the Board and STRS.
  2. When applying for this program, the member must indicate the intent to use banked load.
  3. The faculty member shall be paid a pro-rated salary based on the percent that the total combined workload bears to a full-time workload.
  4. The faculty member shall receive STRS credit that he or she would have received if he or she had continued as a full-time employee.
  5. The faculty and the District shall both continue to contribute to the STRS the amount each would have contributed if the faculty member had continued to work on a full-time basis.
  6. The faculty member shall continue to receive the fringe benefits the member would receive had the member continued to work on a full-time basis.
  7. This program may only be revoked by mutual consent of the District and the member subject to STRS regulations.

15.1.4 Phase-In Retirement Program (unrelated to STRS Reduced Workload Program)

15.1.4.1 Eligibility Requirements

  1. The member must be at least 55 year of age.
  2. The member must have at least ten (10) years of service with the District.
  3. The member must be eligible to retire for service under STRS or PERS upon the completion of the phase-in retirement program.
  4. The member must have served full-time, without a break in service for at least three years immediately preceding the beginning of a phase-in retirement. For this purpose, sabbaticals and other approved leaves of absence shall not constitute a break in service, provided any payback commitment has been fulfilled. Time spent on a sabbatical or other approved leave of absence, however, shall not be used in computing the three-year full-time service requirement.
  5. The member must have and use regular and/or pre-retirement banked load.

Program Provision

  1. The member’s actual workload may be reduced to a minimum of 50% for each year of the phase-in program (see the exception in items 2 and 3 below). The actual workload chosen for any year of the phase-in program must then be supplemented by banked load such that the member’s total combined workload is 100%.
  2. For those members with 2.0 of pre-retirement banked load and regular banked load, the member’s 100% workload in the academic year immediately prior to retirement may consist entirely of the pre-retirement banked load.
  3. For those members wishing to retire mid-year (at the end of the Fall semester) who have at least 1.0 of pre-retirement banked load and regular banked load, the member’s 100% workload in the Fall semester immediately prior to retirement may consist entirely of the pre-retirement banked load.
  4. The faculty member shall receive full salary, full STRS credit and all fringe benefits.
  5. The actual workload does not have to be the same each year of the phase-in program, but the member’s total combined workload must be 100% for each year of the phase-in program.
  6. When applying for this program, the member must indicate the intent to use banked load. Members wishing to use pre-retirement bank as specified in Items 2 or 3 above, must indicate that intent when applying for the program.
  7. The phase-in retirement shall continue for the number of years initially selected by the member, up to a limit of five (5) years, or until a member ceases to be an employee of the District, whichever comes first.
  8. Once approved, election to participate in this phase-in retirement program is irrevocable. The member must retire at the end of the semester specified in the program.
  9. Any banked load not used for the specific purposes described in this program shall be converted to cash disbursements per Article 36.6.

15.1.5 Pre-Retirement Banked Load Leave

15.1.5.1 Eligibility Requirements

  1. The member must be at least 50 years of age for PERS members and 55 year of age for STRS members.
  2. The member must have at least ten (10) years of service with the District.
  3. The member must be eligible to retire for service under STRS or PERS upon the completion of the retirement program.
  4. The member must have served full-time, without a break in service for at least three years immediately preceding the beginning of a phase-in retirement. For this purpose, sabbaticals and other approved leaves of absence shall not constitute a break in service, provided any payback commitment has been fulfilled. Time spent on a sabbatical or other approved leave of absence, however, shall not be used in computing the three-year full-time service requirement.
  5. To take a banked load leave for one academic year prior to retirement, the member must have and use 2.0 of pre-retirement banked load. To take a banked load leave for either the Fall or Spring semester immediately prior to retirement, the member must have and use 1.0 of pre-retirement banked load. Note, those members who also wish to use any excess pre-retirement banked load and/or regular banked load prior to retirement should apply for the Phase-In program in Article 15.1.4.)

Program Provisions

  1. A member may plan a pre-retirement banked load leave of a full load (2.0) for one academic year immediately prior to retirement or may plan a pre-retirement banked load leave for one semester (1.0) immediately prior to retirement.
  2. The faculty member shall receive full salary, full STRS credit and all fringe benefits.
  3. A member taking a banked load leave for one academic year (2.0) must retire at the end of the academic year in which the leave is taken. A member taking a banked load leave for one semester (1.0) must retire at the end of the semester in which the leave is taken. (Note, if a member wishes to take a banked load leave for the Fall semester, but wishes to retire at the end of the Spring semester, the member should apply for the Phase-In program in Article 15.1.4.)
  4. Any banked load not used for the specific purposes described in this program shall be converted to cash disbursements per Article 38.6.

15.1.6 Assignment During Early Retirement Program (except Pre-Retirement Banked Load Leave)

The assignment of a schedule to a member on one of the early retirement programs shall be made in accordance with Article 18.5.2. The President or the President’s designee retains the right to make an assignment to the member. The needs of the department must be primary in the scheduling of assignments for members on Early Retirement and the member must continue to meet professional, collegial, and institutional responsibilities. Early retirement assignments include a pro-rated number of office hours and institutional responsibilities. Performance appraisals shall continue to be conducted on a regular, on-going basis.

15.1.7 Application Procedures

  1. An Application for Early Retirement form (ACE, AFT 6554 approved) is available from the Human Resources Department. The application must be completed in consultation with the Department Chair and must be approved by the appropriate Vice-President—approval shall be contingent in part upon the ability of the department to maintain its offerings or services.

The Application for Early Retirement shall include:

  1. The type of early retirement program being chosen by the member.
  2. The effective date on which the Early Retirement program is to begin (must be the first duty day of a semester).
  3. The duration of the Early Retirement program (up to a maximum of 5 years).
  4. The proposed assignments during the Early Retirement Program (except for Pre-Retirement Banked Load Leave program).
  5. The total percentage of contract the member is proposing to work each semester.
  6. The proposed use of any banked load if that type of program is requested.
  7. The effective date of the member’s retirement.
  1. An approved application must then be submitted to the College President no later than the fifth Friday of the semester prior to the semester in which the Early Retirement Program is to begin. The College President shall then make a recommendation to approve the application to the Board of Trustees.
  2. For the STRS Reduced Workload Programs:
  1. After the Board takes action on the recommendation of the College President, the Human Resources Department shall complete and submit the application to the STRS for approval.
  2. The STRS Reduced Workload programs may not commence until the application has been approved by the STRS. The member shall be notified in writing by the Human Resources Department when the member’s application has been approved by the STRS.

 

  1. For the Phase-in Retirement and Pre-Retirement Banked Load Leave Programs:

After the Board takes action on the recommendation of the College President, the member shall be notified in writing by the Human Resources Department.

15.1.8 State Compliance

The STRS Reduced Workload Program is intended to implement California Education Code Section §87483 and related government code sections. Apart from the 5-year limit on length of the program, these provisions and those of STRS shall prevail over this article’s provisions.

 

Letter of Understanding

This Letter of Understanding is entered into between the West Valley-Mission Community College District (District) and the Association of College Educators (ACE).  The District and ACE hereby agree that a Retirement Incentive Plan shall be available to eligible faculty members as described below and shall not be precedent setting.

  1. Any member participating in this Retirement Incentive Plan shall be granted reemployment preference under the provisions of Article 100 if they have received a “Satisfactory” evaluation on their most recent full evaluation prior to retirement or a “Satisfactory” evaluation in their last year of full time assignment prior to retirement. NOTE: Reemployment preference is not available to those members who retire under STRS “Plus 2” since such memers are not eligible to accept any tpe of employment from the District for a minimum of five (5) years and they are not eligible to accept employment from any public agency in California for one (1) year.
  2. Eligibility Requirements: to be eligible under this incentive plan, a member must be at least age 55 and eligible to retire under the STRS or PERS system.

3. Incentive for Full-time members:

A. Eligible full-time members who elect to retire in Window #1, defined as:

August 1, 2008 through August 31, 2008 shall receive payments under a Supplemental Employee Retirement Plan (SERP) under which the District will pay a plan provider 65% of the member’s salary. The District shall choose the plan provider.

B. Eligible full-time members who elect to retire in Window #2, defined as:

July 1, 2009 through August 31, 2009 shall have the choice of one of the following incentives:

  1. The District shall purchase two additional years of service credit for the member under the STRS “Plus 2” retirement incentive program.  Note: under the STRS provisions of this program, the member is not eligible to accept any type of employment from the District for a minimum of five years and they are not eligible to accept employment from any public agency in California for one year. OR
  2. The District shall make a bonus lump sum cash payment to the member equal in amount to 65% of the member’s regular salary, payable within 60 days after the member’s effective retirement date. OR
  3. The District shall make a bonus lump sum cash payment to the member equal in amount to 65% of the member’s regular salary payable prior to the member’s effective retirement date. Prior to their effective retirement date the member shall enroll in and shall direct a portion of this bonus payment to a District 403(b) and/or 457 plan(s) up to the statutory limit(s) and subject to those plan provisions.  Faculty who elect this option shall have the responsibility for enrolling in the 403(b) and/or 457 plans(s) in compliance with IRS and other legal requirements.  Said funds shall be deposited in accordance with IRS regulations. The difference between the bonus cash payment and the amounts directed to a 403(b) and/or 457 plan(s) shall be paid in a lump sum cash.

4. Banked Load:

Any members who elect to retire under this retirement incentive plan who have banked load, shall “cash out” the bank per the cash disbursement chart in Article 38.6.3.  The member has the option of taking a lump sum payment and this amount shall be paid to each member within 60 days of the member’s effective retirement date or the member may enroll in and direct this payment to a District 403(b) and/or 457 plan(s) up to the statutory limit(s) and subject to those plan provisions.  Faculty who elect this option shall have the responsibility for enrolling in the 403(b) and/or 457 plan(s) in compliance with IRS and other legal requirements. Said funds shall be deposited in accordance with IRS regulations.  The difference between the lump sum payment and any amounts directed to a 403(b) and/or 457 plan(s) shall be paid within 60 days of the member’s effective retirement date.

5. Incentive for Associate members:

Eligible associate members may elect to retire only in Window #2, defined as:

July 1, 2009 through August 30, 2009 and shall receive the following incentive:

The District shall purchase two additional years of service credit for the member under the STRS “Plus 2” retirement incentive program. Note: under the STRS provisions of this program, the member is not eligible to accept any type of employment from the District for a minimum of five years and they are not eligible to accept employment from any public agency in California for one year.

6. All filings of intent to retire under this retirement incentive plan:

  1. Must be made on a District-provided Retirement Incentive Plan Identification Document, which shall be made available to members within two weeks of Board adoption of the plan.
  2. Must include the member’s effective date of retirement.
  3. Must be received by the Human Resources Department no later than 5pm on June 16, 2008.
  4. Must include the member’s retirement incentive option.

7. Qualifications

In addition to these provisions, this retirement incentive plan is offered by the District subject to the following:

  1. For any members selecting the STRS “Plus 2” program, STRS must approve the program as per applicable Ed Code provisions AND
  2. The projected net aggregate savings from all members electing to retire under this incentive program must be at least $350,000.

If the projected net aggregate savings is less than $350,000, the Board of Trustees, at their sole discretion, may offer the incentive plan anyway.  Members shall be notified by July 21, 2008 if the program is to be offered.

If the retirement incentive plan is offered, any members who have submitted an election to retire in Window #2 shall not be issued a March 15, 2009 notice.  If the retirement incentive plan is not offered, the eligible members’ elections to retire shall be null and void.

 

Letter of Understanding – Amendment

By this Amendment, the parties do not intend to modify the April 21, 2008 LOU (“LOU”) as it applies to members who have previously elected to retire under its terms.  Instead, the purpose of this Amendment is to allow eligible members (as defined in the LOU) who have not previously elected to retire an additional opportunity to participate in the retirement incentives specified in paragraphs 3.B.1-5 of the LOU (“new participants”).

New participants must file an “intent to retire” in accordance with paragraph 6 of the LOU, except that the deadline for receipt by the Human Resources Department shall be no later than 5 p.m. of March 18, 2009.

For any new participants selecting STRS “Plus 2” program, STRS must approve the program as per applicable Ed Code provisions. If STRS does not approve the inclusion of the new participants in the program, the new participants’ elections to retire shall be null and void. In such case, the elections to retire of members participating under the original LOU shall not be affected.

The other qualifications described in paragraph 7 of the LOU shall not apply to the new participants who retire under this Amendment.