Current through all regulations passed and filed through September 16, 2024
This rule shall apply to all employees other than members of a
bargaining unit in which an agreement governs the reemployment of
retirees.
(A) Am. Sub. Senate Bill
144, effective September 14, 2000, and other relevant sections of the Revised
Code facilitate the reemployment of qualified STRS Ohio benefit recipients by
removing past restrictions on this process. These changes to Ohio law permit
qualified retirees from the university of Akron the opportunity to retire and
begin receiving their personal annuity benefits and be reemployed full-time
with the university of Akron at no additional cost to the university of
Akron.
(B) Full-time university of
Akron employees other than members of a bargaining unit who are eligible to
retire from an Ohio pension system affected by the enactment of Am. Sub. Senate
Bill 144 may seek an agreement with the university of Akron, in advance of
retirement, to be reemployed full- or part-time with the university of Akron as
permitted by law in the same or similar position following retirement, without
the necessity of a formal search process under the university's affirmative
action plan. All such agreements shall be reduced to writing and shall be
subject to prior approval by the board of trustees. This rule shall not be
deemed to obligate the board to approve any such agreement or to create any
right to such reemployment or expectancy of reemployment or expectancy of any
right to reemployment for any employee or retiree of the university of
Akron.
(C) Such reemployment
agreements, in the case of tenured or tenure-track faculty, shall expressly
provide that tenure and any right or expectancy to obtain tenure shall
terminate upon the employee's retirement; and any such reemployment with the
university of Akron thereafter shall not include any grant of tenure or any
expectancy or other entitlement whatsoever to obtain tenure as a result of
reemployment or otherwise. Any period of reemployment shall not count or in any
way be used to count toward the obtainment of tenure at the university of
Akron. The reemployed retiree shall be entitled to retain the appropriate
academic rank achieved upon retirement.
(D) Unless otherwise approved by the board of
trustees, such reemployment agreements shall include the following in addition
to any other specific provisions that may be included in any agreement:
(1)
A non-renewable
term of one year, except that the board of trustees, on the recommendation of
the president and provost, may renew for successive one year terms reemployment
agreements for faculty whose peer-reviewed research and scholarship is
recognized nationally and internationally to be preeminent, has a history of
service to the university, and from whose presence on the faculty the
university derives an immeasurable benefit.
(2) The employee shall be eligible to enroll
in the university's group health insurance and other benefits programs in the
same manner as all other similarly situated university of Akron
employees.
(3) Reemployment
agreements shall provide that eighty per cent of
the greater of:
(a) the retiree's
annual base salary at retirement or
(b)
the retiree's
annual base salary at June 30, 2015 shall be the maximum amount of
retiree's base salary upon reemployment, prorated for any reemployment period.
If the retiree is reemployed on a part-time basis, the
retiree's maximum salary will be eighty per cent of the greater of:
(a)
the retiree's
prorated annual base salary at retirement or
(b)
the retiree's
prorated annual base salary at June 30, 2015.
(4) Nothing in this rule shall preclude the
president of the university from recommending a reemployed retiree receive:
(a) A stipend for additional duties or
responsibilities;
(b) A bonus, or
other such award for merit; or
(c)
Any other amount based on employee performance.
However, such additional amounts, if approved by the board of
trustees, shall not be considered or made a part of the reemployed retiree's
base salary.
(E) These procedures shall not be available
to employees or former employees of the university of Akron who elected to
retire from the university of Akron through participation in an early
retirement incentive program (ERIP).
(1)
Definitions.
(a) "Superannuate" means a
former teacher receiving a service retirement allowance under section
3307.58 or
3307.59 of the Revised Code from
the state teachers retirement system (STRS) or a combined service retirement
benefit paid in accordance with section
3307.57 of the Revised Code,
regardless of which retirement system is paying the benefit.
(b) "Other system retirant" means a member or
former member of the public employees retirement system (PERS), police and
firemen's disability and pension fund, school employees retirement system
(SERS), state highway patrol system, or Cincinnati retirement system who is
receiving age and service or commuted age and service retirement, or a
disability benefit from a system of which he is a member or former
member.
(2) State
teachers retirement system (STRS).
(a) The
university of Akron may employ a superannuate or other system retirant as a
teacher. (division (B) of section
3307.35 of the Revised
Code).
(b) Any superannuate or
other system retirant employed as a teacher at the university of Akron shall
contribute to the state teachers retirement system. (division (C) of section
3307.35 of the Revised Code).
Any superannuate or other system retirant who has received
retirant benefits for less than two months shall forfeit the allowance or
benefit for any month the superannuate or retirant is employed prior to the
expiration of such period. (division (F) of section
3307.35 of the Revised
Code).
(3) School
employees retirement system (SERS).
(a) A
public employer may employ a SERS retirant or other system retirant and, if so
employed, the retirant must contribute to SERS. (division (B)(1) of section
3309.341 of the Revised
Code).
(b) A SERS retirant or other
system retirant who has received his or her retirement allowance or disability
benefit for less than two months when reemployment begins will forfeit his or
her retirement allowance or disability benefit for the period that begins on
the date the employment commences and ends on the date that is two months after
the date on which the retirement allowance or disability commenced. (division
(C) of section 3309.341 of the Revised
Code).
(4) Public
employees retirement system (PERS).
(a) A
PERS retirant who has received a retirement allowance for less than two months
when employment begins will forfeit the allowance for the period that begins on
the date the employment begins and ends on the date that is two months after
that date on which the retirement allowance began. (division (B)(4) of section
145.38 of the Revised
Code).
(b) A PERS retirant who
enters into a contract to provide services as an independent contractor to the
employer by which the retirant was employed at the time of retirement or, less
than two months after the retirement allowance commences, begins providing
services as an independent contractor pursuant to a contract with another
public employer, will forfeit the pension portion of the retirement benefit for
the period beginning the first day of the month following the month in which
the service begin and ending on the first day of the month following the month
in which the services end division (B)(6) of section
145.38 of the Revised
Code.
