5 to 9 years 1.5 Month s salary 10 years or more 3 Month s salary

Transcription

1 In accordance with C.R.S and C.R.S (Appendix A), Fort Lewis College adopts this discretionary voluntary separation incentive plan in order to achieve necessary budget reductions. The purpose of this plan is to enable some Fort Lewis College employees to voluntarily leave state service, thereby assisting the College in implementing its budget reduction plan in accordance with the College s Strategic Plan. Eligibility: 1. Employees employed by the College for five or more years and 2. Who have not received a specific notice of involuntary separation and 3. Who have not tendered a resignation/retirement letter prior to the effective date of this plan and 4. Whose voluntary separation incentive application meets Presidential approval. Plan Provisions: 1. Eligible employees who wish to benefit from this plan must apply for voluntary separation incentives, subject to the requirements below, using the application form (Appendix B). 2. The amount of the plan incentive is based on the number of full, uninterrupted years of service with Fort Lewis College. Years of Service Incentive amount 5 to 9 years 1.5 Month s salary 10 years or more 3 Month s salary 3. The decision to approve or deny an application will take into account the financial benefit gained by the College, as well as the impact on College programs and services. This plan is discretionary and does not mandate approval of any application. 4. The final authority to approve or deny any plan application resides with the President, after acceptance of the appropriate Vice President. Final decisions on plan applications are not subject to appeal. 5. In exchange for payment of plan incentives, the subject employee is required to sign an individual agreement. By signing the individual agreement, the employee voluntarily resigns or retires in accordance with this plan. The agreement requires all eligible employees receiving plan incentives to waive other rights and claims, as outlined in the agreement and as allowed by law. The date of resignation or retirement is specified in the individual agreement, and is not later than June 30, Employees are required to pay all applicable taxes on plan payments. Plan payments are not subject to retirement contributions, nor are they considered wages for PERA purposes. 7. No plan payment shall be made until after the last day of work and compliance with other provisions of the individual agreement.

2 8. Each employee accepted to participate in this plan may elect to continue participation in insurance plans through COBRA or PERACare, if eligible. Length of eligibility for COBRA is subject to current law. Plan Effective s: This Plan is currently effective with a time frame to accept Voluntary Separation Incentive application from January 16, 2018 through February 16, Voluntary resignations under the current plan must be effective on or before June 30, This plan may not accept applications after February 16, 2018 unless the President authorizes further use of this plan.

3 Appendix A C.R.S (1) The general assembly hereby finds and declares that: (a) The payment of compensation to government-supported officials or employees after such officials or employees have ended their employment creates unnecessary costs, which ultimately are borne by the taxpayers of this state. (b) In order to reduce government costs, it is necessary for the state to limit the payment of postemployment compensation to government-supported officials and employees. (c) The continued payment of compensation to any official or employee after such official or employee has ended his or her service with a governmental unit or government-financed entity not only affects the finances of such governmental unit or government-financed entity, but also has a serious impact on the state as a whole because of the total effect of such compensation payment arrangements on the ability of state and local governments to provide services using the scarce resources that are available. Further, the general assembly finds and declares that the provision of large payments to government-supported officials and employees after their employment has ended has caused grave damage to the trust of the citizens of this state in their state and local government officials. Because of these concerns, the general assembly finds and declares that this is a matter of statewide concern. C.R.S (1) Except as provided in subsection (2) of this section, notwithstanding any other provision of law to the contrary, no governmental unit or government-financed entity shall pay postemployment compensation to any government-supported official or employee. (2)(a) At the option of the appointing authority for any government-supported official or employee, such official or employee may be provided postemployment compensation that consists of the payment of up to a maximum of three months of salary for such official or employee and the provision of up to a maximum of three months of employee benefits for such official or employee. No postemployment compensation shall be provided other than cash payments and the provision of employee benefits. Postemployment compensation may be approved and provided only if the government-supported official or employee who is to receive such compensation was employed by the governmental unit or government-financed entity for less than five years; except that postemployment compensation may be approved and provided for an official or employee of a state institution of higher education or of the Auraria higher education center, regardless of the length of employment. (b) Postemployment compensation may be provided to any government-supported official or employee only if the appointing authority for the official or employee takes positive action to approve such compensation. The provisions of this subsection (2) shall not be construed to authorize any employment contract term requiring the provision of postemployment compensation in violation of the provisions of section Postemployment

4 compensation payments shall be solely the option of the appointing authority for a government-supported official or employee and no official or employee shall be entitled to or have any right to receive any postemployment compensation. (3) Any employment contract, employment contract extension, or other agreement between a governmental unit or government-financed entity and a government-supported official or employee that is not substantially in compliance with this section is null and void. Any payment made to any person by a governmental unit or government-financed entity in violation of this section is illegal and the recipient of such payment shall return the payment to the governmental unit or government-financed entity.

5 Appendix B APPLICATION FORM Last Name First Name Position Title Proposed Separation : (on or before June 30,2018) By signing below, the employee acknowledges that he/she has read and understands the Fort Lewis College Voluntary Separation Incentive Plan for Exempt Employees. The employee specifically acknowledges the following: 1. I am volunteering of my own free will for a voluntary separation incentive and that no coercion or intimidation was exerted upon me. 2. I meet the eligibility requirements as outlined in the plan. 3. I agree to waive all rights associated with employment, and to waive other rights and claims, as outlined in the agreement and as allowed by law. 4. I understand that no payment will be made until after the last day of work and compliance with other provisions of the contract. 5. I understand that the final authority to approve or deny any plan application resides with the President, after acceptance of the appropriate Vice President. I understand that final decisions on plan applications are not subject to appeal. 6. I understand I will be notified of the outcome of my application and if accepted, the notification will include a final offer of the separation incentive payment from Fort Lewis College. I will then have 45 days within which to consider the agreement. Employee Signature Approve Disapprove Vice President Approve Disapprove President