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CHAPTER XV -- RESIGNATION AND REINSTATEMENT

Rule 15.1 RESIGNATION AND RETIREMENT

Section 15.1.1 General Provisions15.1.2 Classified Employee Early Retirement Incentive

(Board Policy)

Rule 15.2 REINSTATEMENT

Section 15.2.1 General Procedures

Rule 15.3 EMPLOYMENT OF PERS RETIREES

Section 15.3.1 General Policy

15.3.2 Compensation

15.3.3 Assignment

Revised 4/27/83

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CHAPTER XV

RESIGNATION AND REINSTATEMENT

Rule 15.1 RESIGNATION AND RETIREMENT (EDUCATION CODESECTION 88201)

15.1.1 GENERAL PROVISIONS

A. The Board of Trustees may accept the resignation of

any employee and may fix the date on which theresignation shall take place, which shall not be laterthan 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 Resignationto the Classified Personnel Department at least 2weeks prior to the intended date of resignation.

C. A resignation may be withdrawn by the employee atany time prior to acceptance by the Board of

Trustees.

D. A resignation relates only to the specific position fromwhich the employee resigns and does not impair

his/her rights to other positions which he/she mayhold on eligibility lists, except that an employee who

resigns shall be removed from a promotional eligibilitylist.

E. When an employee intends to retire, he/she shall

submit a Notice of Retirement to the ClassifiedPersonnel Department at least one month prior to the

planned date of retirement.

F. The minimum age for retirement shall be 50 providedthat the retiring employee shall meet all the eligibility

requirements of Public Employees RetirementSystem. There shall be no compulsory retirement

age for classified employees subject to the followingprovisions:

1. Upon reaching age 70, each classified

employee shall submit a certification of mentaland physical fitness from his/her physician as a

condition of continued employment. Thecertification shall be subject to approval by theDirector of Health Services.

15.1.1 revised P.C. 4/27/83

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Section 15.1.1.F.2

2. The employee must continue to receive asatisfactory job performance evaluation eachyear, as provided in Rule 10.1.

G. Employees who become members of the Public

Employees Retirement System prior to July 1, 1980will receive additional service credit on retirement of0.004 years for each day of unused sick leave at thetime of retirement. This benefit does not apply to any

person who becomes a member on or afterJuly 1, 1980.

15.1.2 CLASSIFIED EMPLOYEE EARLY RETIREMENTINCENTIVE (BOARD POLICY)

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 employeesthe retirement schedule shall be:

a. at age 50 or thereafter with 10 years ofcontinuous service in the District.

b. at age 55 or thereafter with 5 years ofcontinuous 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 forthe employee only and a family dental and vision

insurance plan. For specific provisions see Rule 12.4.

15.1.2 added P.C. 4/27/83

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Rule 15.2

Rule 15.2 REINSTATEMENT (EDUCATION CODE SECTION 88128)

15.2.1 GENERAL PROCEDURES

A. A permanent employee who resigned in good

standing may be reinstated in a vacant position inhis/her former class and status within 39 months of

the last date of paid service. He/she may also bereinstated 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 withthe appointing authority.

B. Reinstatement of a former employee shall have thefollowing effects:

1. If the employee is reinstated to a permanent

position in his/her former class or a lowerrelated class, he/she shall be restored all the

rights, benefits, and burdens of a classifiedemployee.

2. Restoration of salary in accordance with

Section 13 of Rule 12.2.

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Rule 15.3

Rule 15.3 EMPLOYMENT OF PERS RETIREES (EDUCATION CODESECTION 88034; GOVERNMENT CODE SECTION 21150)

15.3.1 GENERAL POLICY

A. Any person receiving a retirement allowance from thePublic Employees' Retirement System may be

employed for up to 90 working days in a calendaryear or 35 percent of the hours employed during thelast fiscal year prior to retirement whenever other

eligibles are not available and the retiree's skills orknowledge is needed, or during an actual emergency

to prevent the stoppage of public business.

B. The retired person must certify that he/sheunderstands he/she is restricted in any calendar year

to 90 working days or 35 percent of the hoursemployed during the last fiscal year prior to retirement

with the District and his/her employment andcontinuance in employment is discretionary with theGoverning Board.

C. For the purposes of this Rule "working day" shallmean any day for which pay is received regardless of

the number of hours worked.

15.3.2 COMPENSATION

A. A retired employee under authority of this Rule shallbe entitled only to the appropriate salary earned toinclude overtime compensation as provided for in

Section 2 of Rule 12.3.

B. Retired employees appointed to positions in theirprevious class or classes shall be placed on the step

of the salary schedule closest to their last regular rateof pay. Retired personnel appointed to positions in

other classifications shall be placed on the first step ofthe appropriate range on the salary schedule.

15.3.2, 15.3.2, 15.3.3 added P.C. 4/27/83

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Section 15.3.3

15.3.3 ASSIGNMENT

A. A retired employee employed under this Rule is notsubject to reinstatement to PERS nor does the

compensation period provide for retirement allowance

adjustment.

B. The appointing authority shall certify to the PersonnelDirector that a retired employee employed under thisRule meets the provisions thereof and his/her

combined calendar-year employment does notexceed 90 working days or 35 percent of the hours

employed during the last fiscal year prior toretirement.