YUFA

Collective Agreement

2001-2003

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Article 14
Retirement

Preamble

The Clauses of Article 14, which govern the retirement of full-time faculty and professional librarian employees, are premised on the principle that the timing of an individual's retirement from full-time responsibilities at the University, and the assumption of any part-time responsibilities following retirement from full-time duties, shall in the normal case be influenced primarily by the wishes of the individual.

General Conditions and Definitions

14.01

(a) "Retirement" means the termination of an individual's full-time status at York University at any time after that individual would, if a member of the York Pension Plan, be eligible to receive a pension from the York Pension Plan (i.e., anytime after attainment of age 55). Continuation in a part-time capacity, or as "professor emeritus" or "librarian emeritus" or "senior scholar" is not inconsistent with the use of the term "retirement".

(b) Normal retirement date shall be 1 July coincident with or next following an employee's 65th birthday.

Employees who will have low projected pensions at normal retirement date would be entitled to retain their full-time faculty position following their normal retirement date until the 1 July in the calendar year in which receipt of pension is mandatory under Revenue Canada regulations, as follows:

Those whose projected aggregate pensions from registered pension plans at their normal retirement date is less than or equal to $44 320 per annum would be entitled to move to irrevocable reduced-load status.

The reduction in workload as elected by the employee, and corresponding salary rate reduction must be at least one-third of normal load, and can be no greater than two-thirds of normal load and normal salary.

During this period of irrevocable reduced-load, employees will receive a salary which corresponds to their actual workload but, provided that employees continue to make their contributions to the York Pension Plan on the basis of this reduced salary, the Employer will not only continue to make its pension contributions to the Plan on the basis of the employee's full academic base salary rate, but will also "pay up" the employee's share of contributions on the basis of his/her full academic base salary rate, subject to Revenue Canada regulations. The Employer will also continue to pay 100% of the premium on the University Group Life Insurance policy on the basis of the employee's full academic base salary rate. To maintain full Long Term Disability coverage, the employee must continue to pay premiums on the basis of his/her full academic base salary rate.

Employees who continue on a reduced-load status past their normal retirement date shall not continue to accrue sabbatical credits, nor are they eligible to take a sabbatical.

Employees who continue on a reduced-load status past their normal retirement date, but who retire after the first year will be offered the opportunity to teach or fulfil professional librarian responsibilities on a part-time basis, pro-rated, as per 14.02.

This reduced-load option is not available to persons who at normal retirement date would have a total projected pension income from all employment-related sources (excluding CPP and RRSP) equivalent to or greater than $44 320 per annum.

(c) Employees shall be eligible to retire from the University and (assuming that they have been members of the York Pension Plan) shall be eligible to receive a York Pension, at any time following attainment of age 55.

(d) In exceptional circumstances, an employee may continue in the service of the University after his/her normal retirement date on the basis of his/her distinguished contributions to research and teaching at the University, and on the basis of exceptional program need. Such continuation shall be subject to renewal on a year to year basis, without any obligation on the University to renew.

(e) The parties agree to establish a joint committee to study pension plan and retirement provisions to look at all aspects, including possible pension improvements, improving the minimum guarantee, full benefits for same-sex spouses, credit for years of service, and portability.

14.02

Following attainment of age 55, and subject to Article 14.11, an employee who does not elect to continue full-time, may elect one of the following options:

Revocable Reduced-Load Status

(a) Workload reduction (with an equivalent teaching load reduction) and corresponding salary rate reduction of up to one-half of normal load and normal salary, with Employer and employee contributions to Pension and salary based benefits to be at 100% of nominal base salary rate.

An employee on such "revocable reduced-load" may, upon giving of nine (9) months' notice, return to full-load status. After three (3) consecutive years on "revocable reduced-load", the employee must return to full-load status, or move to "irrevocable reduced-load". An employee may elect "revocable reduced-load" more than once, provided that the cumulative total of such leaves does not exceed six (6) years.

Irrevocable Reduced-Load Status

(b) Workload reduction (with an equivalent teaching load reduction) and corresponding salary rate reduction of up to two-thirds of normal load and normal salary, with the Employer contribution to Pension and salary based benefits to be at 100% of nominal base salary rate, and the Employer to contribute also the amount required to bring the employee's contributions up to 100% of full nominal rate. An employee with this status may reduce or increase her/his load on the giving of nine (9) months advance written notice, and with the written agreement of the Dean/Principal/University Librarian. Such agreement shall not be unreasonably denied and such reasonable denial will normally be based on budgetary reasons.

Retirement from the University

(c) All employees who retire from the University shall be accorded the status of "continuing members of the University" pursuant to Article 14.08 and shall be entitled to all the benefits associated with that status.

Retirement shall normally be followed by assumption of any of the following options:

(i) No regular paid or unpaid responsibilities; such irregular non teaching academic or service responsibilities as may be agreed between the "continuing member of the University" and the Employer;

(ii) A part-time teaching or professional librarian appointment (with associated scholarship responsibilities);

(iii) Designation as a "Senior Scholar".

(d) Employees who retire from the University at or before their normal retirement date and who are eligible for option (c) (ii) above, shall be offered the following opportunities:

(i) Faculty shall be offered the opportunity to teach eight (8) full courses to a maximum of two (2) courses per year on a part-time basis. This offer shall, in any year, be contingent upon sufficient enrolment in the assigned course. When an appointment which has been offered in writing is cancelled for reasons of insufficient enrolment in the course in question, and no reasonable and equivalent alternative position is found for the employee, he/she shall receive one-eighth of the salary for the position as severance pay.

Employees with this right shall provide their academic unit with nine (9) months' notice preceding the date of commencement of teaching of their intention to teach or not teach in each year until their entitlement is exhausted. For the Fall teaching in the 2001/2002 academic year, employees shall provide notice no later than 17 April 2001. For the Fall teaching in the 2002/2003 academic year, employees shall provide notice no later than 17 April 2002.

Faculty members offered appointment on a part-time basis following retirement shall be offered four (4) full courses at the salary rate of one-fifth of the salary floor for Full Professor per full course equivalent ($14 913 for 2001/2002) and four (4) courses at the current salary rate for a CUPE 3903 course director ($11 674 for 2001/2002).

Faculty members who continue past their normal retirement under 14.01(b) but who retire after their first year will be offered the opportunity to teach on a part-time basis, according to the following schedule:

(ii) Professional librarians shall be offered the opportunity to fulfil professional librarian responsibilities on a part-time basis following retirement for up to four (4) one-third time appointments at the salary rate of one-fifth of the salary floor for Senior Librarian and four (4) one-third time appointments at the current rate for a part-time librarian to a maximum of two (2) per year.

Professional librarians who continue past their normal retirement under 14.01 (b) but who retire after their first year will be offered the opportunity to fulfil professional librarian responsibilities on a part-time basis, according to the following schedule:

Notwithstanding the above, a maximum will be applied to any retired employee's payments for part-time employment at York, such that the total remuneration for part-time employment PLUS the York Pension Plan payments for which he/she is eligible shall not exceed the full-time salary which would have been paid had he/she continued employment on a full-time basis.

Such employees shall, notwithstanding their formal status as part-time employees of the University, be permitted to use the title which they held at the time of their retirement.

Employees in this category will be considered to be in the YUFA bargaining unit. The Employer will provide a list of members teaching under 14.02(d) as soon as practicable after the official enrolment reporting dates.

Eligibility

14.03 

To be eligible for options (a), (b), (c) (ii), and (c) (iii), as defined in Article 14.02 (above), an employee shall hold tenured/continuing appointment status and have normally held his/her appointment at York for at least five years of active service (i.e., including sabbatical, but not LOAWOP), prior to the commencement of the selected option, or normal retirement date, whichever date occurs first.

Senior Scholars/Professor Emeritus

14.04 

Employees who retire from the University shall carry the "emeritus" title appropriate to their rank, and may by notification to the Dean and Associate Vice-President (Research) elect designation also as "Senior Scholar". In addition to entitlement of "continuing members of the University", "Senior Scholars" shall be entitled to:

(a) use of an office on a dedicated or shared basis, depending upon availability;

(b) access to secretarial services;

(c) laboratory/studio space, subject to availability;

(d) computer time, subject to availability;

(e) a Professional Expenses Reimbursement at the same rate as active employees for reimbursement of expenses incurred in pursuing professional scholarship, until and including the sixth year after normal retirement date.

The entitlement in (a)-(d) shall be annually reviewable by the Dean and Associate Vice-President with respect to their availability. The parties agree to investigate, through the JCOAA, the most appropriate means of establishing what priority "Senior Scholars" shall have, in comparison with others in the University, for the allocation of facilities which are to be provided subject to availability.

Senior Scholars are eligible to apply for conference travel funds on the same basis as full-time faculty.

Special Conditions

Sabbaticals

14.05 

(a) 

(i) Employees taking their last sabbatical leave within the last five (5) years before their normal retirement date as defined in the York Pension Plan and choosing to take that sabbatical leave for one (1) full year, shall be entitled to receive Pension Plan contributions by the Employer based on their full academic base salary, rather than their actual sabbatical salary, if they elect to make their own Pension contributions on the basis of the full academic base salary. When contributions are made on the basis of the full academic base salary rate, that salary shall be used in the Pension Plan's computation of the individual's average of five (5) highest years of earnings.

(ii) For employees who retire on or after 1 August 1996, there will be no entitlement to payments in respect of accrued sabbatical credits.

(iii) An employee who will have accumulated three (3) to five (5) years of credit towards a sabbatical leave as of his/her normal retirement date will be entitled to take a six-month sabbatical at 80% of his/her academic base salary or one (1) course- release at 100% academic base salary, in the academic year immediately preceding his/her normal retirement date.

An employee who will have accumulated six (6) or more years of credit towards a sabbatical leave as of his/her normal retirement date will be entitled to take a one (1) year sabbatical at 80% of his/her academic base salary, in the academic year immediately preceding his/her normal retirement date.

Eligibility for Salary Increments

(b) An employee who continues on full-time or full-time / reduced-load basis past normal retirement date shall be eligible for general adjustment increments to his/her annual salary, as negotiated by YUFA, and for any merit increments, but shall not be eligible for Career Progress Increments.

Long-Term Sick Leave

(c) Where an employee, having reached or exceeded normal retirement date, requests sick leave for longer than one month, the Employer shall grant sick leave at the appropriate level of salary and benefits for a period of up to twenty (20) weeks from the beginning of his/her absence or until the University's Long Term Salary Continuance Programme (LTSCP) comes into effect, whichever occurs sooner.

In granting Long-Term Sick Leave, the Employer may require medical verification of the nature and expected duration of the illness. In exceptional cases, the Employer may, at its expense, require a second opinion from a mutually acceptable practitioner.

If upon the expiration of the twenty week (20) sick leave period an employee is not deemed eligible for benefits under LTSCP and is unable to resume all of his/her duties and responsibilities, as verified by satisfactory medical certification, he/she shall retire or be granted a Leave of Absence Without Pay for up to one (1) year. Such an employee may be granted an extension of the Leave of Absence Without Pay upon request and the provision of satisfactory medical certification as to the nature and expected duration of the illness/disability.

Should such an employee wish to return to active service, the Employer may require medical verification of the employee's fitness to resume all the duties and responsibilities expected of the employee and may at its expense require a second opinion from a mutually acceptable practitioner.

Implications for Long-Term Disability Insurance

(d) The Employer agrees to extend LTSCP coverage for employees continuing full-time or full-time reduced load past normal retirement date until he/she reaches the age at which receipt of pension payments becomes mandatory.

Lay-off

(e) Employees who continue on a full-time, or a full-time reduced-load basis, past normal retirement date, shall be treated as contractually limited employees holding one (1) year contractually limited appointments, for the purposes of lay-offs under Article 24 of this Collective Agreement, unless the Employer and the employee have entered into a specific agreement for a contractually limited appointment of a duration other than one (1) year, in which case the terms of the specific agreement shall apply.

Retirement Planning Centre

14.06

The parties agree to establish the budget for the Retirement Planning Centre at $97,383 including salary and benefits, and that the Association will contribute ten (10) percent of the Centre's budget in 1992/93, in order to fund the activities of the Retirement Planning Centre for University employees. The Centre shall be administered by an advisory board consisting of representatives from the Employer and various employee groups. Concerning the advisory board, the parties agree:

(a) that the Association shall have the right to name at least two representatives;

(b) that the Association shall have representation at least equal to that of the Employer;

(c) that at least 50% of the membership of the advisory board shall be representatives of unionized employee groups; and

(d) at least one (1) appointee of the Association and one (1) appointee of the Employer shall be York retirees or employees within five (5) years of achieving normal retirement date.

The services of the Centre shall include, but not be limited to, pension and financial consultation, the provision of bibliographic materials, information and advice on retirement options, and programmes on retirement planning.

Any funds not expended from the monies available to the Centre in a given year shall be carried forward to the subsequent year and made available for the purposes of the Centre.

14.07 

The Employer agrees to provide funds sufficient to ensure that employees eligible to retire will have made available to them, through the Retirement Consultation Centre, individual financial counselling, to a maximum cumulative expense of $850 per employee.

Continuing Members

14.08 

(a) Subsequent to their retirement from full-time status, former employees shall be designated as "continuing members of York University" and of their respective Faculties (Libraries), and shall be accorded continuation of:

(i) faculty library privileges

(ii) University affiliation for external research grant application purposes.

(b) "Continuing members" of the University, as defined above, shall be eligible for:

(i) Free athletic memberships;

(ii) Limited extended health care and dental plan coverage (Appendix F).

The Employer agrees to continue the YUFA retirees' benefits coverage for the term of the Collective Agreement, provided that the total available funding for the program, including the Employer's annual contribution of $450 000 and the premiums paid by retirees, is sufficient to cover the costs of the program.

The parties shall continue to monitor the available balance of the retirees' benefits program funding against expenditures charged to it. The Employer shall provide the Association with regular cost projections. Should such projections establish that expenditures will significantly exceed the available funding, the Joint Subcommittee on Benefits will meet to discuss how the retirees' benefits program can be adjusted to keep the expenditures within the funds available. The parties reserve the right to reduce the coverage to a level consistent with the funding available for the program. Any significant amendments to the coverage shall be announced to retired employees no later than four (4) months prior to its implementation.

(c) Where a child of a faculty member was dependent (as defined in Article 26.12) at the time of the faculty member's retirement, that child is eligible for tuition waiver at the domestic tuition rate provided that the child commences and continues in a degree programme at York University prior to attaining twenty-one (21) years of age.

The spouse of a faculty member at the time of that faculty member's retirement is eligible for tuition waiver (at the domestic tuition rate) unless the spouse becomes the spouse of another.

Phased In and Early Retirement Options

14.09 

(a) Definitions: "Voluntary separation" is defined as the resignation of an employee prior to his/ her normal retirement date, in return for a severance payment by the Employer to the employee.

"Severance payment" may include, but is not restricted to, a monetary payment, leaves of absence on a paid and/or unpaid basis, medical and pension benefit arrangements.

(b) The Employer undertakes to make known to Association bargaining unit members that voluntary separation agreements may be entered into provided the Employer and the employee reach agreement as to the terms of such a voluntary separation. Further, the Employer agrees to consider, with an individual employee, the possibilities for voluntary separation of that employee from his/her employment at York University. Subject to paragraph (c), below, it is understood that the Employer and the employee each have the discretion to refuse to agree to any particular voluntary separation agreement proposal.

(c) An employee with tenure/continuing appointment who retires from the University between the age of X (X = 60, 61, ... 65) and normal retirement date shall receive as financial assistance in his/her retirement from the University an amount equal to:

The average academic base salary rate for bargaining unit members of age X in his/her stream in the academic year immediately preceding retirement,  
TIMES  
the number of years remaining from time of retirement to normal retirement date,  
DIVIDED BY  
5.

To be eligible for such payment, the employee must:

(i) hold a tenured/continuing appointment;

(ii) have active service at York University, including sabbatical but not LOAWOP, of at least twice the number of years remaining from the time of retirement to normal retirement date, to a maximum of eight (8) such years.

These sums shall be paid to the employee in whatever form the employee designates and is acceptable under the regulations of Revenue Canada. Financial counselling will be available to the employee, pursuant to Article 14.07.

14.10 

An employee's Dean/Principal/University Librarian and the Vice-President (Academic Affairs) may, in exceptional circumstances:

(a) require the retirement of an employee who has continued past normal retirement date, or indicated an intention to do so, in full-time or reduced load capacity;

(b) deny the intention of an employee to serve or continue to serve in a part-time capacity following retirement. In such case, the Dean/Principal/University Librarian and Vice-President (Academic Affairs), shall advise the employee in writing of their intention to require his/her:

(i) retirement from the University;

(ii) termination/non-commencement of part-time responsibilities on the following 1 July. The written notice, to include reasons for the decision, shall be provided to the employee by the 30 November next preceding the proposed 1 July effective date.

The reasons shall relate to the employee's inability or failure to perform his/her professional responsibilities as defined in Article 11.

For the purposes of this Article, inability or failure to perform these responsibilities shall mean a level of performance significantly below the average level of senior faculty in the employee's unit or comparable units. The decision of the Dean/Principal/University Librarian and the Vice-President shall be subject to the grievance and arbitration process established by this Agreement.

14.11 

The parties agree that the Vice-President (Academic Affairs) and the Associate Vice-President (Research) will work in concert along with one YUFA representative to provide funding to promote the research and scholarly activities of Senior Scholars through the Office of Research Administration.