Jonathan Alder Local School District |
Bylaws & Policies |
3144 - EMPLOYMENT OF RETIRED EMPLOYEES
Retirement followed by employment with the Jonathan Alder Board of Education assumes that both the Board and the employee will benefit. The Board gains by keeping experienced employees and through savings realized by reduced salary and not providing health insurance. The employee gains through the receipt of both salary and retirement benefits.
Hiring retired employees is provisional and renewable annually. Either party, employee or employer, may terminate the arrangement at the end of the contract period. Only the employer may offer to extend further employment opportunities on a year-to-year basis.
A retired employee from inside the system may request being hired back after his/her retirement by submitting a formal written request/application to his/her immediate supervisor. Once the application has been received, approval is required by the employee's direct supervisor, the Superintendent, and the Board of Education. All three (3) of these parties must approve the request before an employee will be re-hired by the School District.
Before any contract is issued, a formal retirement counseling/performance evaluation meeting must be held by the employee and his/her direct supervisor. During that conference, job performance standards and expectations will be outlined and specified.
Every "retiree" that has been rehired by the Jonathan Alder Schools will be evaluated during each contract term as deemed appropriate by his/her direct supervisor and a determination made as to his/her re-employment for each and every subsequent year of employment. Such contract decisions will be made at the April School Board meeting along with the contracts of other employees.
In order to clarify certain areas of such an employment relationship (employment of a retiree), the following provisions shall apply:
A. |
Definition of Retiree - A retiree is an individual who has attained service retirement status with a State Retirement System (SERS or STRS) and is otherwise qualified by certification and background for work in public schools in Ohio and who is retired from service from any school district. |
B. |
Where a vacancy exists, the Board may elect to fill the position with a retiree. For an opening to be filled with a retiree, a recommendation for approval is necessary by the building principal and Superintendent, and formal approval by the Board. |
|
C. |
Contracts for teachers and classified staff who retire and are subsequently rehired by the Board of Education will be on one (1) year limited contracts (if employed after the start of the school year, contracts will be for the remainder of the school year). Administrators will receive up to two (2) year contracts. Any such contract will automatically expire at the end of the stated term without any other action by the Board of Education or employee. No evaluation, notice of non-renewal or Board action is required. Continuation of the employment of a retiree shall be at the discretion of the Board and upon the recommendation of the Superintendent. A rehired retiree is not eligible for a continuing contract regardless of the years of employment with the Board. The parties expressly waive all rights and agree that to the extent of the provisions of this article conflict with or contradict a collective bargaining agreement and/or State law, specifically including, but not necessarily limited to, ORC Sections: 3317.13, 3317.14, 3319.07, 3319.08, 3319.081, 3319.082, 3319.083, 3319.09, 3319.11, 3319.111, 3319.15, 3319.16, 3319.17, the terms of this policy shall prevail and will be applied to retired teachers and non-teaching staff employed by the Board. |
|
D. |
Evaluations shall be conducted at the discretion of the building principal. The decision to conduct or not conduct an evaluation shall not affect the automatic expiration of the limited contract at the end of this term. |
|
E. |
A retiree shall be paid in accordance with the negotiated/Board-adopted salary. A retiree who has worked for the Jonathan Alder Schools for the past five (5) years and who has a minimum of twenty-five (25) years of retirement credit will be given fifteen (15) years of experience on the salary schedule. Those hired from outside the District or a current employee who has worked for the system for less than the previous five (5) years will be given ten (10) years of teaching experience. |
|
F. |
Employees will advance one step on the salary schedule each year of re-employment by the District. |
|
G. |
A retiree is not eligible to participate in any medical insurance fringe benefits offered by the School District. |
H. |
Retirees employed by the Board will not be eligible for a sabbatical leave, but are eligible for professional meeting reimbursement, in-service, family and medical leave. In no event shall such leave extend beyond the retiree's employment contract term. |
|
I. |
A retiree shall begin employment with five (5) sick days that are part of the fifteen (15) days accumulated by employees each year. Sick days are not carried over from year to year or contract to contract. Sick leave may be used as per the benefits provided to other employees in his/her job classification. However, the retiree is not entitled to collect severance benefits at the end of his/her employment. |
|
J. |
Seniority will not be a benefit accumulated by a retiree. Upon employment, the retiree will be credited with zero (0) years of seniority and shall not, thereafter, accumulate seniority for any purpose under this agreement. There also is no seniority involved in situations involving openings, transfers due to enrollment changes, and there is right of recall in the event of a reduction in force (RIF) by School District. Retirees shall be RIF'd prior to any other teacher if such an action becomes necessary. |
|
K. |
If retirees are staff members that accumulate vacation, vacation is to be used the year of employment or the employee may elect not to take vacation days during the contract year. Unused vacation days will be paid at the per diem rate. |
|
L. |
Employees of the Jonathan Alder Schools who intend to retire and request consideration for being rehired must submit a written request to their building principal by November 1st. Requests for re-employment must be recommended by the building principal, and approved by both the Superintendent and the Board of Education. A response to the employee's request to be rehired will be made by April 1st. |
|
M. |
A retiree is eligible for a supplemental contract only at the discretion of the Superintendent and Board of Education. |
|
N. |
Retired teachers are part of the local bargaining unit. |
|
O. |
The provisions of this policy supercede and prevail over any inconsistent terms that may appear in any negotiated agreement or in any part of the Ohio Revised Code. |
ORC Sections 3307.353 and 3309.345 require boards of education seeking to rehire a retiree to the same position for the first time to notify the public sixty (60) days prior to the re-employment and to hold a public meeting on the issue between fifteen (15) and thirty (30) days of the re-employment beginning. The Board may renew limited contracts for rehired retired employees from year-to-year without notice hearing once the Board has certified it complied initially upon reemployment.
In order to meet this requirement, Jonathan Alder employees being considered for rehire will be rehired based on the following guidelines:
A. |
All employees being considered for re-employment for the first time will be included as an agenda item on the January Board agenda. This will serve as public notification of all those being considered for re-employment as a retiree. At that time, the date, time and location of the February and March meetings will be announced. |
|
B. |
The February and March School Board meetings will serve as opportunities for the public to address concerns about re-employing any individuals being considered for re-employment. |
|
C. |
Retirees will be rehired by the Board at the April School Board meeting if recommended by the Superintendent and approved by the Board. |