ARTICLE 24
BENEFITS
24.1 Benefits
Improvements. The Board and UFF support
legislation to provide adequate and affordable health insurance to all
employees.
24.2 Part-Time Employees. Part-time employees, except those in
positions funded from Other Personal Services funds, are entitled to
employer-funded benefits under the provisions of State law and the rules of the
Department of Management Services and the Division of Retirement. Part-time employees should contact the
personnel office at their university to determine the nature and extent of the
benefits for which they are eligible.
24.3 Retirement Credit. Retirement credit for employees who are
authorized to take uncompensated or partially compensated leaves of absence
shall be granted in accordance with State law and the rules of the Division of
Retirement as they may exist at the time leave is granted. The current Florida Retirement System rules
also require that to receive full retirement credit, the employee on
uncompensated or partially compensated leave must make payment of the
retirement contribution that would otherwise be made by the university, plus
interest, if applicable. Employees who
are to take such a leave of absence should contact the personnel office at
their university for complete information prior to taking the leave.
24.4 Benefits for Retired
Employees.
(a) Employees retired from the State University
System shall be eligible, upon request, and on the same basis as other
employees, subject to university policies, to receive the following benefits at
the university from which they retired, or at an employee's option, from the
university nearest their primary residence, provided that the university from
which they retired is located in a different metropolitan area than their
primary residence.
(1) Retired
employee identification card;
(2) Use of
the university library (i.e., public rooms, lending and research service);
(3) Listing
in the university directory;
(4) Placement
on designated university mailing lists;
(5) A
university parking decal;
(6) Use of
university recreational facilities (retired employees may be charged fees
different from those charged to other employees for the use of such
facilities);
(7) The
right to enroll in courses without payment of fees, on a space available basis,
in accordance with the provisions of Section 240.235(3), Florida Statutes; and
(8) A mailbox in the department/unit from which
the employee retired, subject to space availability.
University e-mail address.
(b) In accordance
with university policy, and on a space available basis, a university is
encouraged to grant a retired employee's request for office or laboratory
space.
(c) With
the exception of retirees who participated in the SUS Optional Retirement
Program and for whom provisions have been made, as stipulated in Section
24.5(a)(5) of this Agreement, retired employees of any State-administered
retirement system are entitled to health insurance subsidy payments in
accordance with Section 112.363, Florida Statutes.
24.5 Optional
Retirement Program.
(a) An
Optional Retirement Program is provided for employees who are employed for no
less than one academic year including the following provisions:
(1) Faculty
and A&P employees who are in the collective bargaining unit and otherwise
eligible for membership in the Florida Retirement System.
(2) Any employee whose Optional Retirement
Program eligibility results from initial employment will be enrolled as a
member of the Optional Retirement Program.
If the employee does not execute an annuity contract with an Optional
Retirement Program approved provider and notify the Division of Retirement in
writing within 90 days, the employee will be enrolled as a member of the
Florida Retirement System.
(3) No
accrued service credit or vested retirement benefits will be lost if an
employee participates in the Optional Retirement Program;
(4) Benefits
under the Optional Retirement Program shall be fully and immediately vested in
the participating employees;
(5) The
employer shall contribute to the Optional Retirement Program, on behalf of each
employee participating in the program, an amount equal to the normal cost
portion of the employer's contribution to the Florida Retirement System, as
well as an amount equal to the employer's contribution to the Retiree Health
Insurance Subsidy program on behalf of non-Optional Retirement participants
(see Section 112.363(8), Florida Statutes), less a reasonable and necessary
amount, as determined by the Legislature, which shall be provided to the
Division of Retirement for administering the program; and
(6) A
participating employee may contribute to the Optional Retirement Program, by
salary reduction or deduction, a percentage amount of the employee's gross
compensation not to exceed the percentage amount contributed by the employer to
the Optional Retirement Program, but in no case may such contribution exceed
federal limitations.
(b) The parties
agree to inform eligible employees regarding the existence and impact of the
Optional Retirement Program upon their retirement benefits.
(c) If the
UFF is concerned with the performance of any aspect of the Optional Retirement
Program, whether administered by the Board or another State agency, the UFF has
a right to consult with the Board regarding such concern. As a result of such consultation, the
parties may agree to an approach to address the concern if it lies outside the
Board's statutory authority.
24.6 Phased
Retirement Program.
(a) Eligibility.
(1)
Employees
who have accrued at least six (6) years of creditable
service in the Florida or Teachers Retirement System
(FRS, TRS) or Optional Retirement Program (ORP), except those employees referenced
in 24.6(a)(2), are eligible to participate in the Phased Retirement
Program. Such eligibility shall expire
on the employee's 63rd birthday.
Employees who decide to participate must provide written notice to the
university of such decision prior to the expiration of their eligibility, or
thereafter forfeit such eligibility.
Employees who choose to participate must retire with an effective date
not later than 180 days, nor less than ninety (90) days, after they submit such
written notice, except that when the end of this 180 day period falls within a
semester, the period may be extended to no later than the beginning of the
subsequent term (semester or summer, as appropriate).
(2) Employees not eligible to participate in
the Phased Retirement Program include those who have received notice of
nonreappointment, layoff, or termination, those who participate in the State’s
Deferred Retirement Option Program (DROP), and Developmental Research School
(DRS) employees.
(b) Program
Provisions.
(1) All
participants must retire and thereby relinquish all rights to tenure/permanent
status as described in Article 15, except as stated otherwise in this
Article. Participants' retirement
benefits shall be determined as provided under Florida Statutes and the rules
of the Division of Retirement.
(2) Payment
for Unused Leave. Participants shall,
upon retirement, receive payment for any unused annual leave and sick leave to
which they are entitled.
(3) Re-employment.
a. Prior
to re-employment, participants in the Phased Retirement Program must remain off
the State payroll for one (1) calendar month following the effective date of
retirement in order to validate their retirement, as required by the Florida
Division of Retirement. Participants
must comply with the re-employment limitations that apply to the second through
twelfth month of retirement, pursuant to the provisions of either the Florida
Retirement System (which includes ORP) or the Teachers Retirement System, as
appropriate.
b. Participants
shall be offered re-employment, in writing, by the university under an Other
Personal Services (OPS) contract (NOTE:
exceptions to this provision are described in Section 24.6(b)(13)) for one-half
of the academic year, however, the university and employee may agree to less
than one-half of the academic year.
The written re-employment offer shall contain the text of Section
24.6(b)(3)d. below.
c. Compensation
during the period of re-employment shall be at a salary proportional to the
participant's salary prior to retirement, including an amount comparable to the
pre-retirement employer contribution for health and life insurance and an
allowance for any taxes associated with this amount. The assignment shall be scheduled within one (1) semester unless
the participant and the university agree otherwise, beginning with the academic
year next following the date of retirement and subject to the condition
outlined in (3)a.
d. Participants
shall notify the university in writing regarding acceptance or rejection of an
offer of re-employment not later than thirty (30) days after the employee’s
receipt of the written re-employment offer.
Failure to notify the university regarding re-employment may result in
the employee's forfeiting re-employment for that academic year.
(4) Leave
for Illness/Injury.
a. Each
participant shall be credited with five (5) days of leave with pay at the
beginning of each full-time semester appointment. For less than full-time appointments, the leave shall be credited
on a pro-rata basis with the assigned FTE.
This leave is to be used in increments of not less than four (4) hours
(2 day) when the participant is unable to perform assigned duties as a result
of illness or injury of the participant or a member of the participant's
immediate family. For the purposes of
this Section, immediate family shall include the participant's spouse, mother,
father, brother, sister, natural, adopted, or step child, or other relative
living in the participant's household.
b. Such leave may be accumulated; however,
upon termination of the post-retirement re-employment period, the participant
shall not be reimbursed for unused leave.
(5) Personal Non-Medical Leave.
a. Each participant who
was on a twelve (12) month appointment upon entering the Phased Retirement
Program and whose assignment during the period of re-employment is the same as
that during the twelve(12) month appointment shall be credited with five (5)
days of leave with pay at the beginning of each full-time semester
appointment. This leave is to be used
in increments of not less than four (4) hours (2 day) for personal reasons
unrelated to illness or injury. Except
in the case of emergency, the employee shall provide at least two (2) days
notice of the intended leave. Approval
of the dates on which the employee wishes to take such leave shall be at the
discretion of the supervisor and shall be subject to the consideration of
departmental and organizational scheduling.
b. Such leave shall not be accumulated, nor shall the participant
be reimbursed for unused leave upon termination of
the post-retirement period.
(6) Re-employment Period.
a. The period
of re-employment obligation shall extend over five (5) consecutive academic
years, beginning with the academic year next following the date of
retirement. No further notice of
cessation of employment is required.
b. The
period of re-employment obligation shall not be shortened by the university,
except under the provisions of Article 16 of the Agreement. During the period of re-employment,
participants are to be treated, based on status at point of retirement, as
tenured/permanent status employees or non-tenure-earning/non-permanent status
employees with five (5) or more years of continuous service, as appropriate,
for purposes of Sections 13.2(a) and (b) of the Agreement.
(7) Declining
Re-employment. A participant may
decline an offer of
re-employment during any academic year. Such a decision shall not extend the period
of re-employment beyond the period described in Section 24.6(5)b. At the conclusion of the re-employment
period, the university may, at its option, continue to re-employ participants
in this program on a year-to-year basis.
(8) Salary
Increases. Participants shall receive
all increases guaranteed to employees in established positions, in an amount proportional
to their part-time appointment, and shall be eligible for non-guaranteed salary
increases on the same basis as other employees.
(9) Preservation
of Rights. Participants shall retain
all rights, privileges, and benefits of employment, as provided in laws, rules,
the BOR-UFF Agreement, and university policies, subject to the conditions
contained in this Article.
(10) Payroll
Deductions. The UFF payroll deductions,
as specified in Article 26, if applicable, shall be continued for a program participant
during each re-employment period.
(11) Contracts
and Grants. Nothing shall prevent the
employer or the participant, consistent with law and rule, from supplementing
the participant's employment with contracts or grants.
(12) The
decision to participate in the Phased Retirement Program is irrevocable after
the required approval document has been executed by all parties.
(13) OPS
Exception. The provisions for
re-employment on an OPS contract are in effect only for new PRP participants
whose initial re-employment occurs during the 1992-93 academic year or
thereafter.
(c) PRP
Information Document. The parties agree
to jointly develop written information describing the current provisions of the
Phased Retirement Program in the Agreement.
The Board shall distribute this written information to university
personnel departments and the UFF Chapters, upon request.
24.7 Free
University Courses for Employees.
Full-time employees, including employees on sabbaticals or on
professional development or grants-in-aid leave, may enroll for up to six (6)
credit hours of instruction per term (Fall, Spring, or Summer) without payment
of tuition and fees at any university within the State University System on a
space available basis.
24.8 Employee Assistance
Programs. The Board encourages each
university to expand its existing Employee Assistance Program (EAP) to include
assessment, referral, follow-up consultation, short-term counseling, and other
services for employees with personal, family, job stress, or substance abuse
problems. Any policies created or
revised by the university in the development or operation of its EAP shall be
discussed in consultation with the local UFF Chapter.
24.9 Pre-tax Benefits Program. The Board shall continue to provide a
pre-tax benefits program for salaried employees in the State University System
which includes the opportunity to:
(1) pay for their State insurance premiums on a pre-tax basis and,
(2) utilize flexible spending accounts for medical and dependent care
expenses.