CHAPTER XV -- RESIGNATION AND REINSTATEMENT. Section General Provisions Classified Employee Early Retirement Incentive (Board Policy)
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1 CHAPTER XV -- RESIGNATION AND REINSTATEMENT Rule 15.1 RESIGNATION AND RETIREMENT Section General Provisions Classified Employee Early Retirement Incentive (Board Policy) Rule 15.2 REINSTATEMENT Section General Procedures Rule 15.3 EMPLOYMENT OF PERS RETIREES Section General Policy Compensation Assignment Revised 4/27/83
2 CHAPTER XV RESIGNATION AND REINSTATEMENT Rule 15.1 RESIGNATION AND RETIREMENT (EDUCATION CODE SECTION 88201) GENERAL PROVISIONS revised P.C. 4/27/83 A. The Board of Trustees may accept the resignation of any employee and may fix the date on which the resignation shall take place, which shall not be later than the close of the school year during which the resignation is received. B. When an employee desires to resign from his/her position, he/she shall submit a Notice of Resignation to the Classified Personnel Department at least 2 weeks prior to the intended date of resignation. C. A resignation may be withdrawn by the employee at any time prior to acceptance by the Board of Trustees. D. A resignation relates only to the specific position from which the employee resigns and does not impair his/her rights to other positions which he/she may hold on eligibility lists, except that an employee who resigns shall be removed from a promotional eligibility list. E. When an employee intends to retire, he/she shall submit a Notice of Retirement to the Classified Personnel Department at least one month prior to the planned date of retirement. F. The minimum age for retirement shall be 50 provided that the retiring employee shall meet all the eligibility requirements of Public Employees Retirement System. There shall be no compulsory retirement age for classified employees subject to the following provisions: 1. Upon reaching age 70, each classified employee shall submit a certification of mental and physical fitness from his/her physician as a condition of continued employment. The certification shall be subject to approval by the Director of Health Services.
3 Section F.2 2. The employee must continue to receive a satisfactory job performance evaluation each year, as provided in Rule G. Employees who become members of the Public Employees Retirement System prior to July 1, 1980 will receive additional service credit on retirement of years for each day of unused sick leave at the time of retirement. This benefit does not apply to any person who becomes a member on or after July 1, CLASSIFIED EMPLOYEE EARLY RETIREMENT INCENTIVE (BOARD POLICY) added P.C. 4/27/83 A. The District shall continue to provide health and welfare benefits for regular classified management, confidential and unit employees to age 65 or until the employee's death, whichever occurs first. 1. For management and confidential employees the retirement schedule shall be: a. at age 50 or thereafter with 10 years of continuous service in the District. b. at age 55 or thereafter with 5 years of continuous service in the District. 2. For unit employees the retirement schedule shall be: a. at age 55 or thereafter with 10 years of continuous service in the District. B. Paid benefits shall be limited to health insurance for the employee only and a family dental and vision insurance plan. For specific provisions see Rule 12.4.
4 Rule 15.2 Rule 15.2 REINSTATEMENT (EDUCATION CODE SECTION 88128) GENERAL PROCEDURES A. A permanent employee who resigned in good standing may be reinstated in a vacant position in his/her former class and status within 39 months of the last date of paid service. He/she may also be reinstated in a vacant position in a lower related class, if qualified, or in limited-term status in the same or lower class. Such reinstatement is discretionary with the appointing authority. B. Reinstatement of a former employee shall have the following effects: 1. If the employee is reinstated to a permanent position in his/her former class or a lower related class, he/she shall be restored all the rights, benefits, and burdens of a classified employee. 2. Restoration of salary in accordance with Section 13 of Rule 12.2.
5 Rule 15.3 Rule 15.3 EMPLOYMENT OF PERS RETIREES (EDUCATION CODE SECTION 88034; GOVERNMENT CODE SECTION 21150) GENERAL POLICY COMPENSATION , , added P.C. 4/27/83 A. Any person receiving a retirement allowance from the Public Employees' Retirement System may be employed for up to 90 working days in a calendar year or 35 percent of the hours employed during the last fiscal year prior to retirement whenever other eligibles are not available and the retiree's skills or knowledge is needed, or during an actual emergency to prevent the stoppage of public business. B. The retired person must certify that he/she understands he/she is restricted in any calendar year to 90 working days or 35 percent of the hours employed during the last fiscal year prior to retirement with the District and his/her employment and continuance in employment is discretionary with the Governing Board. C. For the purposes of this Rule "working day" shall mean any day for which pay is received regardless of the number of hours worked. A. A retired employee under authority of this Rule shall be entitled only to the appropriate salary earned to include overtime compensation as provided for in Section 2 of Rule B. Retired employees appointed to positions in their previous class or classes shall be placed on the step of the salary schedule closest to their last regular rate of pay. Retired personnel appointed to positions in other classifications shall be placed on the first step of the appropriate range on the salary schedule.
6 Section ASSIGNMENT A. A retired employee employed under this Rule is not subject to reinstatement to PERS nor does the compensation period provide for retirement allowance adjustment. B. The appointing authority shall certify to the Personnel Director that a retired employee employed under this Rule meets the provisions thereof and his/her combined calendar-year employment does not exceed 90 working days or 35 percent of the hours employed during the last fiscal year prior to retirement.
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