407.4 - Early Retirement

407.4 - Early Retirement

The Board of education of the Dunkerton Community School District agrees to provide a supplemental separation benefit to encourage teachers, counselors, and media specialists to retire early.

 

  1. Determining Eligibility; An employee must meet the following criteria for eligibility:
    1. Application for early retirement begins December 13th of the final contract year (year of retirement) and no later than January 17th..
    2. No more than 5 employee applications will be accepted in any given year.  The board reserves the right to make an exception to this rule.  In case there are more than 5 applicants for early retirement in the same year, seniority will be used to determine selection.
    3. Applicant must be at least 55 years of age at the time of retirement.
    4. Has completed a minimum of 9 years continuous service to the Dunkerton School District and is currently employed at the time the voluntary early retirement request is made.  A leave of absence may interrupt continuous service without affecting the continuous years of service rule.  Professional and military leave will qualify toward continuous service.
    5. Has been actively employed during the school year in which the request is being made.
    6. Has not been discharged for cause or notified that their contract is under consideration of termination or reduction.
    7. Is not receiving payments from the district’s long-term disability insurance program.
  2. Application for participation in the Early Retirement Program:
    1. Application for participation in the Early Retirement Program must be made in writing, presented with a resignation of the employee’s position beginning December 13th and no later than January 17th of the current contract year.  The Board of Education reserves the right to waive strict compliance with the early retirement program, the application process, and the deadline.  If there are extenuating circumstances the board has sole discretion and may decide to eliminate the early retirement program or waive strict compliance with the application process and deadline.
    2. The employee’s resignation will not be binding unless the employee also qualifies for the Retirement Program and has intended to participate in the Retirement Program.
  3. Benefits Formula:  The benefits rate for eligible participants are as follows:
    1. The qualified employee will receive $40,000.00 in a health reimbursement arrangement (HRA) to cover individual insurance costs provided the employee stays on the district’s medical insurance.

AND

The qualified employee will receive an amount of $50.00 per day for every sick day that is left over at the end of the school year of which he/she retires with a maximum of 135 days.  This will be placed in trust to further cover individual insurance costs as described above.

OR

    1. The qualified employee will receive $40,000.00 in the form of a TSA under the District’s 403B plan if the retiree waives off the district’s medical insurance.

AND

The qualified employee will receive an amount of $50.00 per day for every sick day that is left over at the end of the school year of which he/she retires with a maximum of 135 days.  This will be placed in the form of a TSA under the District’s 403B plan

  1. Schedule of Payment Options:
    1.  Payment of the early retirement benefit may be in installment. The payment  will be made on or before September 30 of the year of retirement.
  2. Continuation of Health Insurance;  Conditions of employee eligibility, payment, and participation:
    1. Employee must have been covered by the District’s major medical insurance plan during the contract year preceding retirement.
    2. Eligible employee may continue to participate in the District’s major medical insurance plan until the age of 65 at their own expense; or they are no longer permitted to continue coverage by the insurer, whichever comes first.  The District shall not be obligated to incur the cost of any part of the premium, or expenses, or additional coverage
    3. If the participating employee was receiving family coverage under the District’s major medical insurance plan or a member of the employee’s family was covered under an additional policy; that coverage may continue until the participant’s age of 65 at their own expense; or they are no longer permitted to continue coverage by the insurer.  The District shall not be obligated to pay any part of the premium or expenses of the family or additional coverage.

 

EMPLOYEE RIGHTS

In the event this Early Retirement Program is altered or discontinued, persons who retire from employment with the District under its provisions will continue to receive the benefits in effect and authorized by the Board of Education at the time the employee’s letter of resignation was accepted.

The adoption of this Early Retirement Program shall not vest any rights in any employee whether or not the employee is currently eligible for early retirement.  The Board of Education shall have complete discretion to review, amend, or repeal this policy at the end of each fiscal year, when in the judgment of the Board of Education, the District no longer realizes economic benefits from this policy or otherwise determines that the policy is not in the best interests of the District.  Furthermore, the District shall not be obligated to provide any benefits to any employee after the date of such amendment or repeal, except to those employees whose early retirement pursuant to this policy has commenced prior to the amendment or repeal.  

 

STATUS OF PARTICIPANTS

An employee who elects to participate in the Districts Early Retirement Program will become a retired employee and will be entitled to all rights and privileges of retired employees under applicable law and the policies of the Dunkerton School District Board of Education.  At the sole discretion of the Board of Education, the district may employ persons who elected to participate in the Early Separation Program as temporary substitute employees.

In the event the employee elects to participate in the District’s Early Retirement Program has previously signed a contract for the next school year, said contract will be null and void.

 

BENEFIT OPTIONS

Employees who have experienced a forced reduction from 1 FTE, but have served fifteen (15) years of continuous service at a 1 FTE rate are eligible for benefits based on a 1 FTE rate, and not the reduced FTE.

 

 

Approved: March 1996.
Reviewed: , January 2011, January 2014, January 2017
Revised
August 2006, August 2009, November 2105, November 2017, October 2018, May 2020, March 2021, April 2021, December 2022, November 2023

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:44

407.4E1 - Licensed Employee Early Separation Program Agreement/Waiver and Release

407.4E1 - Licensed Employee Early Separation Program Agreement/Waiver and Release

In consideration for the benefits that are being provided under the Dunkerton Community School District's Early Retirement Policy the undersigned releases and waives all claims, whether known or unknown, arising out of or in the course of the employment relationship between the undersigned and the Dunkerton Community School District; and specifically releases and waives any and all claims whether know or unknown with regard to breach of contract, Title VII, Age Discrimination in Employment Act (ADEA) claims, Older Workers Benefit Protection Act (OWBPA) claims, or any other claim of discrimination whether based on age or otherwise that the employee could claim against the District at the time of signing.

The Dunkerton Community School District makes no representations regarding the legality or regulatory compliance of its plan. This release and waiver will apply to the Dunkerton Community School District, its agents, and others including its officers, directors, representatives, administrators, staff, and employees.

The undersigned agrees that this release and waiver in no way can be used against the Dunkerton Community School District as an admission of liability of any kind. Furthermore, the undersigned agrees to indemnify and hold the district harmless for any breach of this agreement to release and waive claims whether known or unknown against the Dunkerton Community School District.

The parties agree that if any clause of this agreement is found to be invalid it shall not affect the validity of other provisions. This document contains the entire agreement between the parties and can only be modified by a subsequent written agreement. The undersigned acknowledges that he/she has been given at least 45 days in which to consider the desirability of signing this waiver and release. The undersigned acknowledges that his/her signature is given voluntarily and without threat or promise of additional benefit in consideration for the signature other than the consideration listed in this agreement. The undersigned acknowledges that he/she was advised of the right to consult an attorney regarding the terms and conditions and the benefits that will be provided through the Early Retirement Policy and this Release and Waiver. Furthermore, the parties acknowledge that the undersigned has a right to revoke this agreement/waiver and release without recourse for a period of 7 days following the execution of this release and waiver. Any payments or benefits provided for in this agreement/waiver and release will not commence prior to the expiration of the seven (7) day waiting period.

IN WITNESSETH WHEREOF, the parties have set their respective hand this

day of                                         , 20

Employee                                            Board President

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:46

407.4E2 - Licensed Employee Early Separation Program

407.4E2 - Licensed Employee Early Separation Program

A meeting was held on the                             day of                                                                                                  , 20

with the following people present:

 

 

 

The following items were discussed: (Check if covered)

Benefits to be provided

 

Waiver and release terms

 

The employee has no obligation to accept early retirement

 

45 days to consider agreement/waiver and release ends as of

 

The employee's right to consult an attorney prior to signing or to answer questions

 

The employee has the right and ability to revoke signed agreement/waiver and release within 7

Days

 

A copy of the agreement/waiver and release and this document was given to the employee.

 

The signatures below only acknowledge that the items were covered and can not be used to prove assent to any terms of the agreement/waiver and release.

 

 

Signature Date

 

 

Signature Date

 

 

Signature Date

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:47

407.4E3 - Licensed Employee Early Separation Program

407.4E3 - Licensed Employee Early Separation Program

A copy of the agreement/waiver and release was given to

                                                                 on the                     day of

,20                 and the 45 days in which to consider the Agreement expires on the

               day of                                       , 20                .    The above-named employee was

given the full 45 days but voluntarily chose to sign the Agreement before that date. By his/her signature, the employee acknowledges that he/she could have taken the full 45 days, but voluntarily decided to sign the Agreement before that date.

 

 

Signature Date

 

Witness

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:48

407.4E4 - Licensed Employee Early Separation Program Agreement/Waiver and Release Procedures

407.4E4 - Licensed Employee Early Separation Program Agreement/Waiver and Release Procedures
  1. Written agreement/waiver and release is intelligible and uses easy to understand language.

 

  1. The individual must be given at least 45 days to consider signing the document.  The individual does not need to use the whole 45 days, but when the employee uses less time; this should be documented that the decision was voluntary and knowing.

 

  1. The individual should be told orally and in writing of the right to consult an attorney regarding the agreement.

 

  1. The agreement/waiver and release should be read to the employee in a conference with the Superintendent, the employee, and one other administrator. The employee should be told the following:
  1. Employee is under no obligation to retire early and may work until normal retirement.

 

  1. He/she has 45 days to consider the agreement.

 

  1. He/she has the right to consult an attorney prior to signing anything.

 

  1. He/she has 7 days to revoke the agreement/waiver and release without reason after signing.

 

      5. Employee should sign a form (attached) that acknowledges the items covered.

 

      6. Employee should sign a form (attached) that indicated the willingness and reasoning for not using 45 days to consider the agreement/waiver
           and release.

 

      7. The signatures on the document should be notarized.

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:49

407.4E5 - Licensed Employee Early Separation Program Application to Participate in Early Separation Program and Contingent Resignation

407.4E5 - Licensed Employee Early Separation Program Application to Participate in Early Separation Program and Contingent Resignation

I hereby submit my formal application to participate in the Dunkerton Community School District's Early Separation Program for Certificated Staff.

 

As part of my application, I also am submitting a contingent resignation from my contract to the Board which will be effective at the end of my current contract

(June 30th of the current contract year). It is my understanding that my application will only be effective if the Board accepts my resignation. It is also my understanding that my resignation will be void and of no effect if the Board does not accept my resignation.

I agree to provide written notice on or before June 1st of the current school year to the District of my election regarding how my early retirement incentive pay shall be distributed.

 

 

Employee Signature                                                   Date

 

Witness Signature                                                       Date

 

Accepted by the Board of Directors on ____________________  20____

 

Superintendent or Board Secretary

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:50

407.4E6 - Licensed Employee Early Separation Program Designation of Beneficiary

407.4E6 - Licensed Employee Early Separation Program Designation of Beneficiary

I,                                                                                                      hereby designate

as the beneficiary to receive the benefits I am entitled to pursuant to the Dunkerton Community School District's Early Retirement Program upon my death.

 

 

Signature Date

 

 

Witness

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:52

407.4E7 - Licensed Employee Early Separation Program Election of Distribution of Early Retirement Incentive Pay

407.4E7 - Licensed Employee Early Separation Program Election of Distribution of Early Retirement Incentive Pay

I,                                                                            , hereby elect to receive my early

retirement incentive benefit in the following manner:

 

_____ Placed in the trust of the district to pay single insurance premiums until agreed upon amount is exhausted; at which time I will either continue payments at my own expense, or discontinue insurance coverage.

 

_____ Placed in the trust of district to continue to participate in the District’s major medical insurance plan until Medicare eligible; or I am no longer permitted to continue coverage by the insurer, whichever comes first.  The District shall not be obligated to incur the cost of any additional coverage. 

If the participating employee was eligible for family coverage under the District’s major medical insurance plan or a member of the employee’s family was eligible under an additional policy; that eligibility may continue until the participant is Medicare eligible at their own expense; or they are no longer permitted to continue coverage by the insurer.  The District shall not be obligated to pay any part of the premium or expenses of the family or additional coverage.

 

_________________________________________________________________
Signature                                                                               Date

 

_____________________________
Witness

 

Approved: March 1996.
Reviewed: , January 2011, January 2014, January 2017
Revised
August 2006, August 2009, November 2105, November 2017, October 2018, May 2020, March 2021, April 2021, March 2022

 

 

dawn.gibson.cm… Fri, 12/29/2023 - 12:53