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Early Retirement Policy

Code No. 407.6

CLARINDA COMMUNITY SCHOOL DISTRICT

VOLUNTARY EARLY RETIREMENT POLICY

Certified Staff

1.         PURPOSE

It is the expressed intent of the Board, through this policy, to acknowledge full time certified employees who have provided years of service to the School District by offering them a voluntary early retirement incentive subject to the terms and conditions set out in this Policy. 

2.         STATEMENT OF NON-DISCRIMINATION

The School District will not discriminate against any employee on the basis of age, gender, race, color, creed, religion, national origin, or disability through the application or administration of this policy.

3.         ELIGIBILITY

A regular, full-time certified employee is eligible for early retirement if the employee:

a.          has reached at least the age of 58 by June 30,

b.         has continuously worked a minimum of the most previous ten years of service at the School District and is actively employed on a full-time basis as a certified teacher during the last school year prior to early retirement,

c.          notifies the Board as provided by this Policy, not later than January 15th of the last contract year following which retirement is to take effect,

d.          retires effective not later than the end of the current contract year,

e.          is not eligible for, applying for, or receiving benefits under a leave of absence or other District plan,

f.          has not received a notice as of January 15th concerning termination of the employee’s contract, unless the notice is based upon reasons which are related to staff reduction, and

g.         has not previously received early retirement benefits from the School District.

4.         LIMITED, 2 YEAR PERIOD OF APPLICATION

a.          Employees who wish to apply for early retirement under this policy must submit an application within two years of the date that they become eligible to apply under section 3 above.

b.              In the case of an employee who has continuously worked more than ten years at or before reaching 58 years of age, the employee must submit an application by January 15 for early retirement at the end of the fiscal year during which the employee turned 58 or at the end of the next fiscal year.

c.               In the case of an employee who is 58 years of age before he or she has continuously worked 10 years at the School District, the employee must submit an application by January 15 for early retirement at the end of the fiscal year that would be the employee’s 10th year.

5.         DEFINITION OF TERMS

a.          Years of service - Years of service must be consecutive and most recent.

b.         Continuously Worked - Continuous employment must be without any voluntary interruptions of service.  Interruptions due to reductions in force or due to approved leaves of absence will not constitute a voluntary interruption in service, unless the interruption or leave exceeds twenty-four (24) consecutive months in length.  However, the period of time during which an employee is absent due to a reduction in force or due to an approved leave will not be counted for purposes of determining the minimum years of service required to establish eligibility.

c. Regular full-time certified employee - A regular full-time certified employee is an employee who works as a teacher or other member of the teachers’ bargaining unit a minimum of seven hours per work day for 180 work days or more each school year.

d. “Actively employed” – means the employee has been at work and performing assigned duties for at least 80 percent of the work days over the previous 12 months.

6.         APPLICATION

a.          Under ordinary circumstances, applications must be received by the Superintendent not later than January 15 of the year in which retirement is to take effect.  However, the advance notice requirement may be waived at the discretion of the Superintendent.  Any decision by the Superintendent to waive the advance notice requirement shall not establish any precedent with regard to future applications which fail to meet the advance notice requirement.

b.         The date of retirement for eligible employees will ordinarily be the end of the individual’s contract year.  However, another date may be requested and approved by the Board.

c.          Application materials must include the following forms:

1.         Request for Retirement and Resignation

2.         Designation of Beneficiary Form

3.         Release of Claims Form

4.         Agreement Not to Reapply for Employment.  (However, this agreement does not prohibit the School District from offering employment to the employee in the future.)

d.          An employee’s application for early retirement benefits is not, in itself, a resignation nor does it require the Board to accept the application.  However, acceptance by the Board of an employee’s application for early retirement will be considered a voluntary resignation and termination of the employee’s contract of employment.  If the Board does not accept the employee’s application, the employee’s contract will continue in effect.

7.         BOARD’S RIGHT TO LIMIT OR DENY BENEFITS

a.          The Board reserves the right to determine whether any early retirement benefits will be paid in a given year, and, if so, to determine how many employees will be granted benefits.  The Board expressly reserves the right to reject any application for early retirement benefits.

b.              If the Board decides that only a limited number of employees will be granted early retirement benefits in a given year, the Board will then determine the maximum number of employees who may receive benefit.   Recipients will be selected on a seniority basis.  If there is a tie between or among employees using the seniority rule, the tie will be broken by a random process.

c.               Each year this policy is in effect, the Board will make a determination regarding the payment of early retirement benefits and announce its decision to employees not later than November 1st.

8.         EARLY RETIREMENT BENEFIT

a.          Early retirement benefits are offered as an inducement to, and consequence of retirement and are not to be construed as a continuation of salary.

b.         The value of the early retirement benefit shall be $15,000.

c.          Payment of this benefit shall be made in September of the year in which the retirement begins.

d.          In the event of the death of the early retiree, any remaining or unpaid benefit will be paid to the beneficiary designated by the retiree or, if no beneficiary is designated, to the retiree’s estate.

e.          Payments are subject to applicable taxes such as withholding for federal and state income taxes, social security etc.  Employees will not be paid interest on any funds held by the District.

9.         CONTINUATION OF INSURANCE

Employees retiring under the early retirement program are eligible to continue participation in the school district’s group insurance plan at the employee’s own expense until the employee reaches sixty five years of age.  Employees must meet the requirements of the insurer and must pay the monthly premium amount in full to the board secretary prior to the due date for the school district’s premium payment to the insurer. 

10.        RIGHT TO AMEND OR REVOKE

The Board reserves the right to amend or revoke this Early Retirement Policy or any provision of this policy at any time, with or without notice.

The Board also reserves the right to waive any requirement or condition of this policy at its discretion and at any time.  Any decision by the Board to waive a requirement or condition which is a part of this policy shall not establish any precedent with regard to future requests for a waiver.

 

Code No. 407.6E1

RESIGNATION AND REQUEST FOR

EARLY RETIREMENT

I, _____________________________________, born on _______________________________, hereby submit my resignation to the Board of Directors of the Clarinda Community School District and elect the early retirement benefits available to employees in the Clarinda Community School District.  This resignation is subject to the acceptance of my application for early retirement benefits.

I commenced my most recent continuous service in the Clarinda Community School District on

________________________.

 

Print Full Name __________________________________________________

 

Signed _________________________________________________________ Date ______________________

 

The resignation and request for early retirement was accepted by the Board of Directors on the ___________ day of

 _________________, 20____, by action as noted in the minutes of the Board.

_______________________________________________

Secretary of Board of Directors

Clarinda Community School District

Code No. 407.6E2

                                                                       RELEASE

Clarinda Community School District (the School District) and _____________________________ agree as follows:

1.  In consideration of the benefits to be provided in accordance with the Early Retirement Policy,

_____________________________ agrees to immediately sign and submit a letter of resignation to be effective on

the last day of the current school year.

2.  _______________________ is advised that he/she has the right to consult with an attorney and tax advisor prior to signing this Agreement.

3.  _________________________________ acknowledges that he/she received a copy of this Agreement on

 _________________________, 20____, and that he/she was given at least twenty-one (21) days to consider this Agreement.

4.  Following the date of the signing of this Agreement, ________________________________ shall have seven (7) days to revoke the Agreement, and this Agreement shall not be effective until this seven (7) day period has expired.

5.  ________________________________________ hereby releases and discharges the School District, the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the School District from any and all liability whatsoever including all claims, demands, or causes of action which he/she has or may ever claim to have by reason of his/her employment with the School District and the termination of his/her employment relationship with the School District, and _______________________________________ specifically waives any rights or claims which he/she may have or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et seq.), excluding any claims which may arise after the date of the signing of this Agreement.

6.  ______________________________________________ acknowledges that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the School District or others on its behalf.

 

Clarinda Community School District

 

By:___________________________________                     _______________________________________

                                                                                        Employee

Date:__________________________________                    Date:___________________________________

Code No. 407.6E3

DESIGNATION OF BENEFICIARY

If the Board approves my application for early retirement benefits and I die before I receive the Benefit, I direct the Board to pay the Benefit to:

 ___________________________________________

  Name of Beneficiary

 

___________________________________________

  Street Address

 

___________________________________________

  City, State, Zip

 

___________________________________________

  Telephone

Print Full Name _________________________________________________

Signed:  _____________________________________________     Date __________________________

 

                                                                  Code No. 407.6E4

AGREEMENT NOT TO SEEK RE-EMPLOYMENT

In consideration of the benefits that will be provided to me by Clarinda Community School District through its Early Retirement Policy, I hereby agree not to apply for or seek employment with Clarinda Community School District at any time in the future.

 

Print Full Name ________________________________________________

 

Signed ___________________________________ Date _________________

 

Witness___________________________________Date__________________

 

Initially Approved   03-08-1999                  Last Reviewed   05-09-2016                Last Revision 01-18-2010

 

 

 

 

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