ARTICLE 17: TRANSFER
A. TEACHER –INITIATED TRANSFERS
The District and CHSTA have a shared interest in securing highly effective teachers for vacant positions in addition to ensuring the District provides clear and transparent communication regarding vacant positions and provides teachers the priority to be considered for vacancies.
With the teacher shortage, challenges to find specific subject-area expertise, and fierce competition to hire teachers, the transfer process will support the District's ability to recruit and hire highly qualified candidates in an efficient manner and as early in the school year as possible while supporting teachers' priority within the District.
Effective with the 2018-2019 school year, the transfer process takes place in three phases:
a. Phase 1. Early Vacancies
For subject areas designated as "critical shortage" areas by the Board, the District may begin building an applicant pool for the following school year as early as February 1st and pre-screen candidates throughout the second semester.
For site-based vacancies for the following school year that are identified between the first day of the current school year and March 1st, the District shall concurrently post vacancies internally at the site and District-wide for five (5) workdays. The District will provide first consideration to applicants from the site of the vacancy. During the five (5) workday posting period, unit members will be able to discuss their interest in the position with the Principal. To apply for a posted vacancy, unit members must complete the District transfer electronic application by the posting’s closing date. Unit members may apply for more than one posted position. It is generally not recommended that first year probationary teachers apply for voluntary transfers; however, probationary teachers are entitled to equal consideration when applying for voluntary transfer.
b. Phase 2. Transfer Window Timeline
i. Vacancies for the following school year that are identified between March 1st and the start of the transfer window, as defined below.
ii. The transfer window shall consist of a minimum of ten (10) working days, ending no later than April 15th, not inclusive of Spring Break. By the start of the transfer window, the District will post all known vacancies internally only, and all qualified internal applicants who apply for the posted vacancies shall be guaranteed an interview.
iii. Transfer Window Timeline:
1. Internal applicants shall have five (5) working days to apply for posted positions.
2. Interviews may begin immediately during the transfer window; however, all internal candidates who apply within the five-day window shall be interviewed by the end of the transfer window.
If a unit member applies for a posted position after the first five days of the transfer window, and is qualified for the position, s/he will be guaranteed an interview after all internal candidates who apply during the transfer window have been interviewed, unless the District selects one of the transfer window applicants for the position. In the event that a unit member wishes to transfer, but no vacancy has been posted at his/her desired site or in his/her subject area, the District shall concurrently make available electronically to all unit members a form in which they can express an interest in transferring (“interest form”). If a unit member submits an interest form, s/he will be automatically contacted by Human Resources if a position matching the unit member’s interest becomes available prior to the close of the current school year, and s/he shall be guaranteed an interview.
c. Phase 3. Post Transfer Window
i. Vacancies for the following school year that are identified between the start of the transfer window and the first day of the following school year.
ii. Vacancies that become known after the transfer window has already begun, but before the first day of the following school year, shall be concurrently posted internally and externally. All qualified internal candidates shall be guaranteed an interview. If, after the Interview Team considers the criteria set forth in Article 17.A.4, two or more candidates are ranked equally, and one of them is an internal candidate, the internal candidate shall be offered the position.
iii. Vacancies for teaching assignments for the next school year that become known prior to April 15th may be posted generically (e.g. English, Math etc.). Vacancies that become known after April 15th shall be posted with specific sections identified (e.g. three sections English 1, two sections English 4), and shall follow the timelines set forth below.
2. Schedule and FTE Allocation
a. Within two weeks of sites receiving the FTE allocation from the District, the Principal or designee shall provide each Department Chairperson with the projected sections for the subsequent school year for their Department, projected needs or overages, and any anticipated split assignment(s).
b. Within five (5) workdays of receipt of the information set forth in Article 17.A.2.a, Department Chairpersons shall meet with their Departments.
i. In Departments where the number of sections match the number of teachers’ fulltime equivalencies (“FTE’s”), members of the Department, through their Department Chairperson, shall send recommendations on teaching assignments to the Principal or designee.
ii. In Departments with more sections than teachers’ FTE’s, members of the Department, through their Department Chairperson, shall send recommendations of teaching assignments to the Principal or designee for the existing teachers’ FTE’s and recommendations for the specific courses to be posted as a vacancy in order to attract quality teachers for the Department.
iii. In Departments where the number of sections is fewer than the number of teachers’ FTE’s the members of the Department, through their Department Chairperson, shall identify preferences for teaching assignments and send them to the Principal or designee with a list of teachers in the Department who are willing to work a split assignment in areas where they are credentialed.
c. All recommended postings set forth in Article 17.A.2.b above shall be presented by the Department Chairperson to the Principal or designee for review within five (5) workdays of the Department Chairperson’s receipt of the information set forth in Article 17.A.2.a. After reviewing the proposed openings and assigning as many teachers at that site as feasible, the Principal or designee shall inform the Human Resources Department of the school’s posting(s). Full-time assignments as well as any remaining partial assignments shall be posted and emailed to all District teachers via District email.
In an effort to inform all staff members of openings, the availability of vacancies and the location of postings, the District shall send an email to District teachers via District email and the sites shall advertise the vacancy information in the faculty section of the daily bulletin for the duration of the posting period.
4. Eligibility and Selection
All qualified internal transfer candidates, as defined in Section 17.A.4, will be offered the opportunity to interview, unless the internal transfer candidate: has received a needs improvement or unsatisfactory evaluation.
In considering applicants for transfer, the following criteria will be considered:
i. Credential. Consideration can be given only to those credentialed to teach the posted subjects.
ii. Seniority. As it appears on the official District seniority list.
iii. Skills, Expertise, and Interest. As evaluated by the Interview Team using information provided on the application form.
v. Activities. Stated interest in activities related to the needs of the school.
5. Interview Teams
The Interview Team consists of the Principal or designee and a teacher chosen by the Department. If the teacher is applying for a split assignment, the Department Chairpersons of both site’s Departments will be the third and fourth members of the Interview Team.
6. If, after the Interview Team considers the criteria set forth in Article 17.A.4 above, two or more internal candidates are ranked equally, the candidate with the most seniority shall be offered the position.
7. The Principal has the right to recommend that a candidate not be offered the posted position.
8.The Principal or designee will return the forms with the committee’s recommendation and ranking of candidates to the Human Resources Department within five (5) working days after the close of the interviews.
After receiving the recommendations, the Human Resources Department shall – in writing, including via e-mail to an employee’s District e-mail account – offer the vacant positions to the recommended applicant, unless this creates a critical problem for the District or the overall School program. Teachers will receive all offers in writing. In addition, the District will attempt to notify teachers of the transfer offer by calling them on the phone number identified on the transfer request form submitted by the teacher. In the event the teacher does not answer, the District will leave a voicemail message extending the offer as long as the phone is accepting messages and this shall satisfy the District’s notice obligation.
10. Teachers must accept or decline the offer or withdraw their transfer request within two (2) workdays of the offer being made by providing notice to the Human Resources Department. The teacher’s decision must be in writing – including via e-mail from an employee’s District e-mail account.
11. A teacher who is denied a transfer because his/her transfer would create a critical problem for the District or the overall School program, may appeal the decision to the Superintendent. The Superintendent’s decision will be final.
12. If the teacher chooses to grieve the above process, Level I shall be the Chief of Strategy and Human Capital or designee.
13. A change in status from full-time to part-time teaching or from part-time to full-time teaching shall not be considered under the “Transfer” article (see Article 9 “Part-Time Employment”).
14. Temporary teachers are not eligible to apply for transfers under this Article, unless they are members of Unit B; transfer rights for Unit B members are outlined in Article 28.
B. DISTRICT-INITIATED TRANSFER PROCESS
After the teacher-initiated process set forth in Article 17.A is completed (including notification) and at the beginning of each semester, the District will review the numbers of students in each school and the corresponding anticipated sections for each School. District needs and overages will be examined. If it is deemed to be necessary, feasible and appropriate to re-allocate teaching staff, the following procedures will be used to initiate transfers.
1. Principals or Vice-Principals of the affected Schools will contact Department Chairpersons of affected Departments so that they can work together as a team for the process (hereinafter referred to as the “Team”).
2. The Team will contact members of the Departments with overages to ask for volunteers to transfer.
3. With the list of volunteers in hand, the Team from the sending school together with the Team from the receiving school will meet and reach mutual agreement on the volunteers to receive the transfer based on: (a) subject matter experience, (b) skills and interests, and (c) activities. Interview is optional. When these criteria are found to be equal among the volunteer candidates, the teacher with the most seniority will be transferred. The receiving school Principal must be able to articulate the reasons when someone is not chosen.
4. If there are no successful or qualified volunteers, the Team with the Assistant Superintendent of Human Resources or designee will attempt to reach mutual agreement on who will be selected for the District-initiated transfer based on: (a) subject matter experience, (b) skills and interests, and (c) activities. Interviewing is optional. When these criteria are found to be equal, the teacher with the least seniority will be transferred.
5. If no decision can be made by the above process, the Superintendent or designee will decide.
6. No teacher will receive a District-initiated transfer more than once during a school year. The District will make every effort not to transfer a teacher under a District-initiated transfer more than once every three (3) years, exclusive of District-initiated transfers made necessary by the closure or opening of schools, major boundary changes, or when a categorical program is involved.
7. Upon request, teachers who transfer during the school year shall be given two (2) days of paid release time to prepare for the transfer. The District will transport the teacher’s materials to the new location, if the teacher makes the request in writing with five (5) calendar days of notice of the transfer. Teachers are responsible for packing their materials prior the District transporting them.
C. NOTICE OF ASSIGNMENT
Teachers will be notified of their tentative assignments by the beginning of Finals Week for the second semester. Some changes may be necessary due to such circumstances, including but not limited to unanticipated resignations, not being qualified/credentialed to teach a tentatively assigned position, or changes in enrollment during the summer. Teachers involved in such changes will be notified as soon as possible.
As part of the District’s efforts to reduce potential staffing issues and transfers of bargaining unit members, the District may implement the provisions of Education Code section 44842 regarding unit members’ intent to return for the subsequent school year.
D. OTHER OPENINGS
Positions that come open after the end of the academic school year and during the summer through the thirty-first calendar day prior to the first contract day for unit members, will first be offered to any teachers who have rehire rights resulting from a District reduction in force. After such offers have been made, the District may post for the vacancy internally and externally simultaneously, with first consideration being provided to current employees. All qualified internal transfer candidates, as defined in Article 17.A.5.a will be offered the opportunity to interview, unless the internal transfer candidate: (a) is on an improvement plan; (b) has two or more of the six (6) California Standards for the Teaching Profession marked as “needs improvement” or “unsatisfactory” in his/her most recent evaluation; (c) has two or more of the six (6) California Standards for the Teaching Profession marked as “unsatisfactory” as a result of observations conducted during the employee’s most recent evaluation cycle; or (d) has applied for a transfer to that site and been interviewed and not selected for a transfer two or more times within the past 5 school years. The posting will be for five (5) workdays. Teachers interested in the opening should apply to the Human Resources Department by the closing date of the posting. The District, after consulting with the Department Chairperson (if they are available), based on the criteria listed in Article 17.A.5 will decide if the teacher receives the position. The District must be able to articulate the reason(s) when someone is not given the position.
Positions that come open at the beginning of the second semester will first be offered to any teachers who have rehire rights resulting from a District reduction in force. After such offers have been made, the District may post for the vacancy internally and externally simultaneously. All qualified internal transfer candidates, as defined in Article 17.A.5.a will be offered the opportunity to interview, unless the internal transfer candidate: (a) is on an improvement plan; (b) has two or more of the six (6) California Standards for the Teaching Profession marked as “needs improvement” or “unsatisfactory” in his/her most recent evaluation; (c) has two or more of the six (6) California Standards for the Teaching Profession marked as “unsatisfactory” as a result of observations conducted during the employee’s most recent evaluation cycle; or (d) has applied for a transfer to that site and been interviewed and not selected for a transfer two or more times within the past 5 school years.
Starting thirty calendar days prior to the first contract day for unit members, the District will fill open positions from the outside.
E. ADMINISTRATIVE TRANSFER
1. In the event that the District believes compelling circumstances exist that would require a member to be transferred on an administrative basis for his/her welfare and/or the welfare of the District, the District shall bear the burden of showing that a reasonable cause for such transfer exists. Compelling circumstances shall not include those transfers deemed necessary in Article 17.B above.
2. Written notice of a proposed administrative transfer shall be provided to both the unit member and the Association. A meeting shall be held prior to the implementation of the transfer for the specific purpose of showing cause for the proposed transfer no later than five (5) calendar days after notice has been provided by the District. This meeting shall consist of no fewer than three persons: an Association designee (whose identity is to be provided no more than 72 hours after receipt of written notification to the Association from the District), the teacher, and the site administrator. With the concurrence of the site administrator, this group may determine that options other than transfer are more appropriate. Any discussion and/or documents utilized in this meeting shall be appropriate for use in any subsequent forum at which this matter may be adjudicated.
3. Administrative transfers shall not be punitive and shall not be made in lieu of discipline; however, a unit member may be transferred under this Section, including, but not limited to situations involving the discipline of the unit member for harassment that violates the District’s policies or where a unit member poses a safety risk to employees or students.
Administrative transfers shall be subject to the Grievance Procedure (Article 10).
Provisions of the Education Code will be followed should layoffs become necessary during the life of this Agreement. The District will notify the Association of its intention to implement layoffs and will bargain with the Association concerning the impact of these layoffs.
G. OPENING AND CLOSING OF SCHOOLS
In the case that it becomes necessary to either open or close schools, the District will bargain with the Association the procedure to be used to place teachers in teaching positions for the year of the opening/closing.
ARTICLE 18: COMPENSATION
2018-19 School Year
The District agrees to provide an increase of 3.0% to the salary schedule for Unit A, retroactive to August 1, 2018. The District will make all reasonable efforts to make the above payment no later than 45 working days from the date of full ratification of the parties' collective bargaining agreement and subject to the County Office's payroll processing procedures and regulations. The parties agree that working days for purposes of the above timing to make the payments, does not include November 12, 2018, November 19, 2018 through November 23, 2018, December 24, 2018 through January 7, 2019.
Effective July 1, 2018, the parties agree to adjust the Unit A salary schedule so that Steps 1 through 3 in Column A are the same amount as Step 4 in Colum A.
B. Contingency Reopener
To permit the District to cope with fiscal emergencies, the parties agree to the provisions that follow to allow for compensation adjustments under certain defined circumstances.
1. The District has been community supported and loses its status of community supported.
2. The District receives less income (excepting one-time income) from recurring unrestricted
base grant sources than it received during the prior fiscal year.
3. If the parcel tax does not renew.
4. It is projected that State imposed reserve requirements cannot be met. That means that the
sum of the ending balances from the General Fund as projected is not equal to at least 3% of General Fund expenditures (after projected costs of all salary and health and benefit increases are calculated and included).
If the District determines that a triggering event has occurred and elects to invoke the contingency reopener, it shall promptly notify the Association in writing and specify the category of triggering event(s). In the written notice, the District shall offer at least five (5) possible dates for negotiations at least one week apart.
If the notice is provided to the Association, the parties agree to negotiate in good faith toward a mutually agreeable solution to the financial difficulties. If the parties are unable to reach agreement within forty-five (45) calendar days of the notice or after five (5) negotiation sessions, whichever is later, the District shall have as its sole remedy the right to invoke a temporary salary rollback not to exceed 5% in total compensation unless otherwise mutually and specifically agreed to in writing at the time the rollback is implemented. This rollback in total compensation shall be applied to all employees, including all units and unrepresented employees, for the purpose of reducing by 90% the shortfall of total unrestricted reserves available to meet State reserve requirements related to fiscal solvency. The parties acknowledge that cessation of the parcel tax stipend would not count toward the percentage rollback for the CHSTA unit.
In the following year, if the statutory reserve has been restored, the rollback shall be restored, and a new baseline shall be established for compensation and for making the comparisons for future compensation plan calculations.
C. Parcel Tax Contingency
For as long as the District’s parcel tax, which has as one of its purposes recruiting and retaining teachers remains in effect, no less than 20% of the money generated by the parcel tax shall be used to meet the goal of recruiting and retaining teachers by offering a competitive compensation package. The term “compensation package” includes salary, longevity, activity pay, and stipends.
The parcel tax stipend for the month of September shall be based upon calculations for the previous school year. By October, the final calculation for the current year’s parcel tax stipends will be completed. The new monthly stipend will be paid from October to May to each member in equal monthly payments. The June stipend will be the difference between the annual stipend and the stipends paid from September through May. The parcel tax stipend for all unit members, including new hires for that school year, shall be calculated according to this method.
D. Method of Payment
For services rendered, unit members’ salaries shall be paid in eleven (11) monthly installments unless the unit member notifies the District either at the time of employment or prior to August 1st of each year thereafter that he/she wishes to receive his/her salary on a twelve (12) month basis. The amount of each installment may vary from month-to-month depending upon deductions that are made. For returning employees, the first installment shall be paid on the last working day in the month in which an employee first performs services under his/her contract for that school year and each subsequent installment shall be paid on the last working day of each month thereafter.
New employees will receive their first paycheck on the last day of the month in which the employee first provides contractually paid services, as long as all required paperwork necessary to process the paycheck is submitted to the District by the first day of that month. Each subsequent installment shall be paid on the last working day of each month thereafter. If a new employee fails to submit the required paperwork to the District by the date specified above, the employee shall receive his/her first paycheck on the last working day of the month following the District’s receipt of the paperwork.
All paychecks issued to bargaining unit employees shall be subject to payroll processing by the Santa Clara County Office of Education. Unit members may receive any installments that may be due in the month(s) of June and July either at their school or have the check(s) mailed to the address of their choice if they provide a stamped, self-addressed envelope(s) to their Principal’s secretary by June 15 of each year.
E. The District will make available on a voluntary basis electronic transfer of the employee’s pay warrant (check). An employee may change the location (bank, savings and loan, or credit union) receiving the electronic transfer once in a five year period. For any additional changes in the electronic transfer the District will charge the employee a ten dollar ($10) service fee.
F. Daily Rate: The daily rate on days designated as work days in the Certificated Unit Calendar is determined by dividing a unit member’s annual compensation (including the annual salary and any supplementary compensation provided for in Appendix A) by the total number of workdays in the Certificated Unit Calendar. This daily rate is used for pay deduction purposes when a unit member is absent in situations not covered by paid leaves and/or to compute prorated contracts when a unit member starts after the beginning of a school year or terminates before the end of a school year.
G. Added Compensation for Activity Assignments: The salaries and fringe benefits provided herein are the total compensation paid to unit members for all services that are required and performed during the hours of work prescribed in Article 14 of this Agreement. Hours assigned and performed beyond those prescribed in Article 14 as a result of activity assignments shall be paid added compensation in accordance with the schedule of payments in Appendix B which is attached to and incorporated in this Agreement subject to the following provisions:
1. The added compensation provided under this Section shall be paid in the pay periods immediately following the completion of the assignments specified in Appendix C at the end of the fall sports season, at the end of the winter sports season, or at the end of school, subject to verification by the Principal that said assignments were fully and faithfully performed.
2. Notwithstanding the added compensation involved, it is understood and agreed by and between the parties to this Agreement that unit members may accept and perform these added compensation assignments, subject to the provisions of Article 14.B and the condition that the number of such assignments shall not exceed two (2) except on a strictly voluntary basis for any unit member.
H. Department Chairperson: A unit member who applies and is selected by the Principal to coordinate and supervise the activities of a school subject area department or a combination of such departments. The Department Chair shall be paid a stipend to execute and complete the duties and tasks in alignment with the Department Chair Expectations (see Appendix D).
Department Chairs are warranted per department with 10 or more sections (2.0 FTE or greater). Department Chairs will be assigned in the following areas: Math, English, Social Studies, Science, Foreign Language, Physical Education, Special Education, Applied Arts, Visual and Performing Arts. Department Chairs will be compensated an annual stipend of $6,750.
Bargaining unit employees shall be paid the stipend in each of their regular pay warrants during that school year if the assignment had been determined by August 1st of each school year. In order to receive the full annual stipend, the Department Chairperson must hold the position for the full school year. If the Department Chairperson’s employment with the District ends prior to completing a full-school year or if the Department Chairperson is on a leave of absence – paid or unpaid – of longer than 30 work days and unable to perform the duties of the Department Chairperson role, the Department Chairperson will receive a prorated stipend amount based upon the length of service as the Department Chairperson for that school year. In the event the Department Chairperson separates from employment with the District during the school year, is on a leave of absence – paid or unpaid – for more than 30 work days, or is otherwise unable to perform the duties associated with being a Department Chairperson, the District shall have the exclusive right to appoint a replacement Department Chairperson. The replacement Department Chairperson shall receive a prorated amount of the annual stipend based upon the length of service as the Department Chairperson for that school year.
Any Department Chair may request no later than the first Friday in March to have a release period for the following year instead of being paid the annual stipend. The School Sites shall make all attempts to honor specific Department Chair requests. If a request for a release period creates a staffing hardship at a specific site, the final decision shall be made by District Administration. If a new Department Chair is being selected, a reasonable effort will be made to honor his/her request regardless of the previously mentioned deadline.
Each department, in addition to this Department Chair compensation, will be allocated eight (8) days per year. Use of release days allocated to site/department is determined by the Department Chair and Principal with Principal approval. District-required meetings and Professional Development will not count against these release days.
These days will not be carried from school year to school year. At each school site the Principal and the Department Chairs will meet to establish criteria for the use of these released days and plan for any additional site needs.
The Department Chair will usually be a permanent teacher. The selection of Department Chairpersons shall be made by the Principal annually. The Principal will solicit written input from all Department members regarding the current Department Chair annually in the second semester. Additionally, the Principal will solicit recommendations from the department for Department Chair: (l) if there is a vacancy; and/or (2) after a Department Chair has served three years. The Principal will request written or verbal input from all Department members regarding the applicants for the Department Chair position. Unit members may choose whether to provide input to the Principal. Selection and subsequent review by the Principal will be made within twenty (20) days of learning of the opening. The teacher(s) not chosen for the position may request in writing, including an email, the Principal’s reasoning for the decision. The Principal shall provide that reasoning within twenty (20) days of receipt of the bargaining unit employee’s request. The Principal’s decision shall be final and not subject to the Grievance Procedure. The Principal shall annually evaluate each Department Chair in writing (aligned with the duties and responsibilities outlined in the document titled “Department Chairperson Expectations”).
The parties agree that effective at the conclusion of the 2016-17 school year, the following language will sunset and will be null and void.
I. Mileage Rate: Work experience teachers, PAR consulting teachers, military science teachers, nurses, teachers split between sites on the same day, and adapted PE teachers shall be reimbursed for mileage at the IRS approved reimbursement rate.
J. Extended Program Teachers: The work experience teachers stationed at the District Office 65
In addition to site-specific department chairs, the
District will select Multi-Site Department Chairs. Multi-site Department Chairs are for those departments that serve fewer than 10 sections per site, but are spread throughout the District. They are entitled to the same stipend and release days as same-site department chairs. Selection and evaluation of multi-site chairs will follow the same process as single-site chairs, except that a
designated District Administrator will act in place of a site Principal.
and the agriculture teachers stationed at the District Farm may be required by the District to serve additional work days beyond those specified in the certificated unit calendar. Payment for such additional work assigned and rendered shall be made at the end of the regular monthly pay period following any such service.
Individual work experience teachers may be required to work a maximum of twelve (12) weekdays immediately prior to the first work day specified in the Certificated Unit Calendar and a maximum of eight (8) weekdays immediately after the last work day in said calendar. Such additional days shall be eight (8) hour days, exclusive of lunch, and shall be compensated at a per diem rate determined by dividing the unit member’s annual base salary in Appendix A, excluding any supplementary benefits, by the number of days in the Certificated Unit Calendar.
Individual agriculture teachers may be required to work a maximum of 400 hours beyond those specified in the Certificated Unit Calendar during the recesses at winter and spring and during the summer. Such additional hours shall be compensated at an hourly rate determined by dividing Step 1, Class A, of the salary schedule in Appendix A by the product of seven (7) times the number of days in the Certificated Unit Calendar.
K. Notice of Placement: A written notice of placement on the salary schedule, including any supplementary compensation, shall be sent to each unit member on or about October 1 each year.
L. Doctoral Stipends
The District pays a Doctoral stipend for any doctorate degree from a WASC or regionally accredited university. In the case of a JD, the degree must be from an ABA (American Bar Association) accredited School of Law or a California Accredited School of Law. Unit members with a doctorate from an unaccredited institution are not eligible for a stipend.
ARTICLE 19: HEALTH AND WELFARE BENEFITS
The District offers each eligible unit member a fringe benefit package that includes medical, vision and dental coverage.
A. The District maximum contribution to medical benefits (not inclusive of vision and dental) shall be a floating cap that takes into account a basic District contribution plus a supplemental amount set forth in A.1 and A.2 below.
A.1 The District shall contribute $122 per month or the amount currently established by the Public Employees’ Medical and Hospital Care Act (“PEMHCA”) per eligible member per month. This amount shall be the basic District contribution for health insurance.
A.2 In addition, the District shall contribute for each eligible unit member a supplemental amount per month as described below:
The District’s maximum supplemental contribution to medical benefits (not inclusive of vision and dental) shall float at the rate of the weighted average of the second highest eligible plan offered by CalPERS and the third highest eligible plan offered by CalPERS less the basic District contribution as defined in A.1 above. The rate shall be calculated annually by factoring in the second highest plan twice, the third highest plan once and dividing the sum by three (3) and then deducting the annual amount of the basic District contribution as defined in A.1.
For illustration purposes: the annual premium for the 2nd and 3rd highest CalPERS Plan for a single person medical coverage is $10,447.20 and $10,208.04, respectively. Hence, the floating supplemental contribution for such an individual would be $31,102.44[2($10,447.20) + $10,208.04]/3 = $10,367.48 based on the 2015 rates), less $1,464.00 per year (the 2015 basic District contribution rate), resulting in a supplemental amount of $8,903.48 annually.
The floating cap is applied to the applicable tiered allocation of one party, two party and family rates.
Unit members working less than 50% are not eligible for participation in the PERS Health Plan. Part-time unit members working 50% or greater are eligible for prorated benefits (See Article 9).
B. Enrollment: Upon initial employment with the District, a unit member must enroll in the insurance plans offered by the District or sign a waiver releasing the District from its obligation. In the case of health insurance, the unit member must select one of the CalPERS plans that are offered. Coverage becomes effective the first day of the month following the date the District Business Office receives the completed Health Benefit Enrollment form, subject to the processing requirements of the carrier. The completed Health Benefit Enrollment form must be received by the District Business Office by the 20th of the month preceding the effective date. Transfer from one carrier to another is subject to the provisions of CalPERS.
1. Retired Employees: The District agrees to contribute the current amount required by PEMCHA per eligible retiree per month for the life of the employee as set forth in Government Code section 22892 or any successor provision.
2. If the District and Association agree to terminate participation in the PERS medical insurance plan, the District shall have no further obligation for payment of the basic contribution per retiree.
D. Carriers: The District currently provides health insurance coverage to bargaining unit members through CalPERS, as the provider. The parties recognize and agree that while CalPERS is utilized as the provider of health insurance coverage to bargaining unit members, CalPERS has the unilateral ability to determine which carriers it offers for the provision of health insurance benefits. In the event that CalPERS changes health insurance carriers, and subject to any agreement reached by the parties while negotiating the effects of such decision, the parties agree that the District will not be responsible for reimbursing bargaining unit members for any changes in:
2. deductibles, or
3. other out of pocket expenses for which bargaining unit members are responsible – exclusive of the bargaining unit member’s contribution requirements under the floating cap set forth in Section 19(A).
Any change in health insurance provider must be mutually agreed upon through negotiations.
In addition, the District is not responsible for reimbursing unit members for changes in co- pays or deductibles made by CalPERS when there is no change in carriers offered by CalPERS. In the case that CalPERS makes a substantial change in deductibles and/or co- pays without changing carriers, the Health Benefit committee shall convene immediately to investigate changing providers and make a report to the parties within one month at which time negotiations shall commence.
The District shall include registered domestic partner coverage for employees. Employees are responsible for satisfying any CalPERS or plan requirements, including providing documentation, to obtain such coverage.
E. Unit members are responsible for providing information with dependency eligibility verification audits from CalPERS.
F. Based on the present state of the law concerning the Affordable Care Act (“ACA”), and subject to Article 19.D, the parties desire to maintain the present level of health benefits. However, to address health plan requirements (Government Health Plan Requirements) adopted by the federal or state government(s), which impact the parties’ bargained agreement on health care coverage, the parties agree that the collective bargaining agreement shall, upon request of either party, be re-opened for negotiations to address health care coverage. The District and the Association also agree to reopen the Agreement to bargain any change required by the ACA regarding the imposition or pending imposition of an excise tax during the term of the Agreement due to coverage which violates maximum value coverage under the ACA (the “Cadillac Tax”), and to negotiate regarding the Cadillac Tax, including, but not limited to, how the Cadillac Tax will be apportioned between the parties.
ARTICLE 20: RETIREMENT
A. Definition: Unit members who meet the following criteria and requirements may elect to serve the District in a limited capacity after their retirement for a period of up to five (5) years or until retiree reaches age 60, whichever comes first, with annual compensation up to the maximum provided under STRS regulations:
1. Applicants must have a minimum of 10 full years of service with the District in a full- time position requiring certification.
2. Applicants must have attained a minimum age of fifty-five prior to September 1 of the year in which participation in this program would commence.
3. To participate in this plan, the applicant must be retired as of July 1 of the year participation in the program commences so that no relationship then exists with the District as of that date.
4. Candidates must file applications by November 1 of the year previous to the school year in which participation would commence.
5. Tentatively approved applicants must submit their resignations to the Board and Superintendent no later than March 1 of the year previous to the year in which they intend to participate.
1. The Superintendent or designee shall select from the applicants meeting the minimum criteria and requirements those persons who can provide unique activities and services to the District based on their expertise and experience.
2. The determination as to the particular employees to be selected for this program shall rest within the exclusive discretion of the Superintendent or designee.
D. For those selected by the Superintendent or designee to serve for the District, a contract shall be executed by the retiree and the District that shall provide as a minimum:
1. The retiree shall perform such services as may be mutually agreed upon.
2. Such services shall be based upon the unique expertise and experience of the employee and shall meet a need of the District
identified by the Superintendent.
3. Providing that services are satisfactorily performed, the retiree will be assured of annual contract renewal for a maximum period of five years or until the retiree reaches age 60, whichever comes first. Individual contracts are reviewed annually and may be renewed for each subsequent year based upon need as determined by the Superintendent.
4. The retiree may withdraw from the program at the end of any year but is not eligible for re-employment by the District.
1. The maximum to be paid under the plan shall be that which is permitted by law or STRS regulations, the exact amount to be mutually agreed upon by the employee and the Superintendent based on the nature of the services rendered.
2. Payments shall be made in amounts and at times as mutually agreed to by the parties, but in no event shall the full amount be paid until the Superintendent or designee has determined that the services agreed to have been successfully completed.
3. During the term of the contract, the retiree shall be covered by the District’s medical, dental and vision insurance to the same extent provided for all regular unit members.
4. Since the retiree is drawing retirement benefits under STRS, he/she is not eligible for sick leave, vacation, or any other employee benefits.
F. Retirement Recognition Program
The unit member must:
1. Submit a written request, no later than January 15, for retirement effective at the end of the school year.
2. Be at least 55 years of age by August 31st of the year in which the unit member retirees.
3. Have completed 12 years of service with this District.
4. Be in paid status through the end of the school year in which the unit member retires.
Retirement Recognition Benefit
1. Unit members who retire between the ages of 55 through 59 shall receive a payment of $2,200 per year for five (5) years.
2. Unit members who are at least 60 years of age on August 31st and retire shall receive a payment of $3,520 per year for five (5) years.
3. The annual payment shall be made by October 1st. The first payment shall be made by October 1st of the calendar year in which the unit member retires.
4. CHSTA may elect to increase the Retirement Recognition stipends prospectively for unit members who retire the end of the school year, and the parties agree that the cost of the stipends for the group of retirees who have retired in the preceding year shall be included in bargaining unit expenses in the Revenue Sharing Program.
Term of Retiree Program
This retiree recognition program shall expire on June 30, 2014.
G. Retirement Service Program
A. Definition: Unit members may apply to serve the District in a limited capacity after their retirement.
1. The Superintendent or designee shall select from the applicants those persons who can provide services to the District based on their expertise, experience, and the needs of the District.
2. The determination as to the particular employees to be selected for this program shall rest within the exclusive discretion of the Superintendent or designee.
C. For those selected by the Superintendent or designee to serve the District, a contract shall be executed by the retiree and the District.
1. Any retired unit member shall be paid the “super sub” rate of 150% of the regular substitute rate if the retiree is deemed highly qualified under NCLB in the subject the retiree is teaching as a substitute. Retirees who agree to substitute in courses for which they are not highly qualified shall be paid the regular substitute rate.
2. The retiree may indicate an interest in teaching a section(s) in a subject for which the retiree is credentialed and experienced. If there is an available section for which the retiree is credentialed, the retiree shall be given the right of first refusal to teach the section(s). The placement on the current salary schedule shall be the same as the placement at the time of retirement.
The retiree is eligible for prorated sick leave, but the retiree is not eligible for any other employee benefits.