RETIREMENT PLANS & RETIREE HEALTH/DENTAL BENEFITS
22. Part-time Employment Leading to Retirement (Willie Brown Program)
22.1. A program designed to allow unit members aged fifty-five (55) or over to work part-time and receive full-time retirement credit during the ten (10) years immediately prior to retirement will be implemented as follows:
22.1.1. Application for this program must be made to the Personnel
Services Office by March 1 in the year previous to the school
year in which the unit member intends to participate in the
program.
22.1.2. A form contract as shown in Appendix D shall be used. Any
change in this form shall be approved by the District and the
Association. Individual contracts will be agreed between unit
member and District.
22.1.3. To be eligible the unit member must be fifty-five (55) years of age, and shall have had a minimum of ten (10) years employment in Mt. Diablo Unified School District, the most recent five (5) years of which must be on a full-time basis.
22.1.4. The minimum of the equivalent of half-time service may be
exceeded upon the mutual consent of the unit member and
the District.
22.1.5. For the spring of 1999 on a pilot basis, the District will allow up to twenty (20) unit members to participate in the program, although it shall not be required to grant this full number. Limits on participation shall not affect unit members in the program at the time the limitations become effective.
22.1.6. Those entering the program for the first time shall do so on the basis of District seniority.
22.1.7. Mutual agreement between the unit member and the
immediate supervisor is required before the plan can be
implemented.
22.1.8. At the end of the maximum ten (10) year part-time employment period the unit member is required to submit a resignation. Resignation may occur before the end of the ten (10) year period.
22.1.9. Revision or termination of the program will not modify the status of personnel who entered the program prior to the effective dates of such revision or termination.
22.1.10. Article 5, Transfer, will not apply to participants in this
program.
22.1.11. Salaries and preparation periods of secondary classroom unit members will be based on the normal teaching load of a full-time unit member as follows:
22.1.11.1. Normal Length of Student Day Pay Per Period
22.1.11.1.1. 6 periods 1/5 full-time rate
22.1.11.1.2. 7 periods 1/6 full-time rate
22.1.12. Salaries of secondary nurses will be based on the normal
student days as follows:
22.1.12.1. Normal Length of Student Day Pay Per Period
22.1.12.1.1. 6 periods 1/6 full-time rate
22.1.12.1.2. 7 periods 1/7 full-time rate
22.2. Early Retirement Plans
22.2.1. The following Early-Out Retirement Plans shall be available to all unit members provided that application is made to the Personnel Services Office no later than three (3) months preceding date of retirement:
22.3. Early-Out Plan (E.C. §24203)
22.3.1. This program is designed for employees who have thirty plus (30+) years of service in California. Under this program the retiree's allowance is reduced by one-quarter (1/4) of one percent (1%) for each month under age fifty-five (55), and by one-half (1/2) of one percent (1%) per month for each month under age sixty (60).
22.4. Limited Term Reductions (E.C. §24211)
22.4.1. This program is designed for employees who desire to retire prior to age sixty (60). The program reduces the allowance by half for a limited amount of time. The employee would receive a full allowance when the reduced amount paid for after age sixty (60) equals the amount prior to age sixty (60).
22.5. Savings Clause
22.5.1. In the event that legislative authorization for any of the Early-Out Retirement Plans described in §22.3 and 22.4 is rescinded or modified, the parties shall meet at a mutually agreeable time to replace or modify these sections. If the legislature adds alternate early retirement plans, the parties may meet to add to this Article sections stating that such plans are available to employees.
22.6. Post-Retirement Contract for Service
22.6.1. This program provides for payment of eligible retirees on a contract-for-service basis to complete or work toward completion of a project of value to the District.
22.6.2. Committee
22.6.2.1. A joint committee of four (4) unit members chosen by the Association and four (4) representatives of the Board shall be appointed each year no later than February 1 to perform these tasks set forth below.
22.6.3. Procedure
22.6.3.1. All projects proposed for Post-Retirement Contracts shall be submitted to the committee by the last day of February. All eligible unit members who may be interested in potential projects shall also submit their names to the committee by the last day of February. The committee shall review the projects, interview interested prospective retirees, and determine which projects they will recommend for acceptance and which employee(s) shall implement these projects. The committee shall mutually determine with the employee the length of the contract, the amount of the stipend, and the number of days to be served. In consultation with appropriate management personnel, the committee and the applicant shall agree on the name of the appropriate administrator to supervise the work of the participant. The designation of supervisor shall be subject to approval by the Superintendent/designee. Final committee recommendations on all projects must be sent in writing to each employee applying to the committee no later than April 15. Projects recommended by the committee for implementation the following year shall be presented to the Board of Education for action no later than May 1 and shall be acted upon by the Board no later than the first regular meeting in May. A written appeal, or a written notice of intent to appeal by appearance before the Board when they make their decision, must be sent prior to the meeting of the Board to act on the committee's recommendation.
22.6.4. Implementation
22.6.4.1. A certificated person must have a minimum of ten (10) years of service in the District in a position requiring certification. A year of service is defined as working seventy-five percent (75%) of the days required by his/her contract of employment.
22.6.4.2. In order to be eligible to participate as an independent
contractor, the participant must actually retire from the
District. However, the participant shall not be required to
submit his/her retirement until after the Board has acted
upon his/her proposal contract.
22.6.4.3. The retiring employee shall be at least age fifty-five (55)
at the time of retirement.
22.6.4.4. The participant shall serve from ten to fifty (10-50) days per school year as provided in the individual's contract. Scheduling of those days shall be mutually agreed upon between the participant and the supervisor. In unusual circumstances the Superintendent may waive the ten to fifty (10-50) day requirement depending upon the work products required.
22.6.4.5. The stipend shall range from one thousand dollars ($1,000)
to five thousand dollars ($5,000) per year depending upon
the nature of the mutually acceptable agreement.
22.6.4.6. Once the Board approves the contract, the retiree is
responsible for the work activity and/or products as specified
in the contract under the supervision by the designated
administrator.
22.6.4.7. Projects may be proposed by the Board, potential participants, the Association, bargaining unit members, or by management but are subject, individually, to approval by the committee described in §22.6.2 and §22.6.3 and by the Board of Education.
22.6.4.8. Any multi-year agreement shall be subject to annual evaluation by the designated supervisor of the work activity and/or project as described in written agreement. Such evaluations shall not be arbitrary or capricious and shall give specific reasons for any unsatisfactory conclusions. A copy of each evaluation must be given to the participant. The Board of Education may elect to discontinue the contract for the following year only upon such recommendation by the supervisor based on his/her unsatisfactory evaluation.
22.6.4.9. Duration of participation by one (1) individual shall
be determined by the committee.
22.6.4.10. Criteria to be used by the committee for evaluating the
stipend and potential contribution to the District shall include
one (1) or more of the following:
22.6.4.10.1. Demonstrated leadership in District, school and/or
professional organizations.
22.6.4.10.2. Publications
22.6.4.10.3. Nomination by peers
22.6.4.10.4. Actual verified previous experience in the special field
of contribution.
22.6.4.10.5. Experience in teaching the aspects or content
22.6.4.11. Potential assignments for retirees may include, but are not pertaining to the assignment. The instruction may have been to professional personnel in college, extension services and/or adult school limited to:
22.6.4.11.1. Staff development (such as):
22.6.4.11.1.1. Curriculum/instruction in specific discipline(s)
22.6.4.11.1.2. General management methods
22.6.4.11.1.3. Contract management methods
22.6.4.11.1.4. Improving effectiveness of aides
22.6.4.12. Direct services (such as):
22.6.4.12.1.1. Clinical
22.6.4.12.1.2. Committee (E.A.S., S.A.T.)
22.6.4.12.1.3. Compliance reviews (such as):
22.6.4.12.1.3.1. 504 sites, facilities, programs
22.6.4.12.1.3.2. 94-142
22.6.4.13. Planning (such as):
22.6.4.13.1.1.1. Sites and their use - equipment control,
materials, dispersal, inventory control
22.6.4.13.1.1.2. Trends - population/demographics
22.6.4.13.1.1.3. Programs
22.6.4.13.1.1.4. Vo-Ed
22.6.4.13.1.1.5. Environmental Education
22.6.4.13.1.1.6. Curriculum development
22.6.4.13.1.1.7. Material development for Instructional
Materials Services
22.6.4.13.1.1.8. Demonstration teaching
22.6.4.13.1.1.9. Updating and revision of employee
handbooks
22.6.4.13.1.1.10. Assisting in the development of
inservice program
22.6.4.13.1.1.11. Updating and revision of other school district publications (Volunteer Aide Handbook, Noon Supervisor Handbook, Learning Center Instructional Assistant Handbook, Substitute Teacher Handbook, etc.)
22.6.4.13.1.1.12. Helping with staffing programs
22.6.4.13.1.1.13. Analysis of testing data
22.6.4.13.1.1.14. Updating and revision of school policies
and regulations
22.6.4.13.1.1.15. Project writing
22.6.4.13.1.1.16. Project evaluation
22.6.4.13.1.1.17. Tutoring
22.6.4.13.1.1.18. Retirement counselor
22.6.4.13.1.1.19. Coordinator of volunteers
22.6.4.13.1.1.20. School Attendance Review Board
22.6.4.13.1.1.21. Child Welfare and Attendance
22.6.4.14. The total program of contracts/stipends shall be subject to an annual expenditure limit of twenty-five thousand dollars ($25,000). The Board may revise this expenditure limit and adjust it upward if the committee recommends the funding of projects in excess of that level.
22.6.4.15. The decision of the joint committee shall not be subject to the grievance procedure but shall be subject to appeal to the Board of Education.
22.7. Retiree Medical/Dental Benefits
22.7.1. Medical and Dental Benefits for a Spouse or
Eligible Dependent
22.7.1.1. The District will reimburse medical benefits for the employee and spouse or one (1) eligible dependent and will pay for the cost of dental insurance to each employee and dependent(s) for a maximum of ten (10) years or until retiree reaches (or would have reached) age sixty-five (65), whichever comes first. This benefit is available upon retirement of the employee, provided such retirement occurs no later than the end of the fiscal year (July 1 to June 30) in which the employee reaches age sixty (60). Furthermore, to qualify the employee must submit his/her retirement letter to the District on or before the second Friday in April. The employee must complete the appropriate applications in the Risk Management Department at least thirty (30) days prior to their retirement date in order for reimbursement of medical benefits to begin immediately upon retirement.
22.8. CalPERS Payment
22.8.1. Beginning in 1998, the District will contribute twelve dollars ($12.00) per year ($1.00 per month for 12 months) directly to CalPERS for each eligible retiree for medical insurance. This amount shall increase annually by at least 5% of the employer contribution for active employees ($16.00/month) until such time as both are equal. In addition, the District will contribute to each retiree who qualifies under §22.7.1, on an individual basis an amount which, when added to the $1.00 per month, will cover the medical and dental plans for the plans as provided in §22.7.1.
22.8.2 The District’s medical benefit allocation for each retiree will be an amount which, when added to the amounts set out in 22.8.1, will provide a total monthly contribution equal to the highest premium at each tier of coverage for HMO plans offered by CalPERS, to be adjusted annually for the term of the agreement. By way of example only, these rates were as follows for 1998.
One Party Premium $176.13 per month
Two Party Premium $352.25 per month
(NOTE: Although the foregoing premiums are all from Lifeguard, designation of the highest premium at each tier can be from different plans.)
22.8.2.1 Should the retiree subsequently enroll in a more expensive plan, the District’s obligation is limited to the lower amount.
22.8.3 Because PERS/STRS requires that the CalPERS premiums
be deducted from the retiree’s PERS/STRS warrant, the District will provide a concurrent, non-taxable monthly reimbursement up to the amount designated above.
22.9 Benefits for Retirees Who Retire After Age 60
22.9.1 Retirees who retire after the fiscal year in which they turn age 60 shall be provided district paid medical coverage through the month prior to which they turn age 65 (pursuant to §22.8, above). This benefit applies to the employee only.
22.10 Requirements/Conditions Imposed by Carriers
22.10.1 The benefits provided under this section (Retiree
Medical/Dental Benefits) shall be subject to any requirements or conditions which may be imposed by the carrier and/or provider.