The PA Contract

Article 10: Other Economic Benefits

10.1 Retirement Programs. The Employer shall continue contributions to the several retirement programs available to employees at the rate authorized by law, and employees shall continue to be eligible for those retirement benefits and allowances permitted by law.

10.2 Health Insurance

A. The College shall implement and continue to make available to bargaining unit members, and their eligible dependents, the BluePPO Option H group health insurance plan, with no co-payment for inpatient hospitalization, and with three-tiered premium rates.

B. For bargaining unit members hired prior to September 1, 1988 , the College shall pay 100% of the premium cost for individual and any form of dependent health insurance coverage, based on the cost of the traditional Excellus Health Plan, and the member shall pay 0% of said premium cost. For bargaining unit members hired on or after September 1, 1988 , the College shall pay 80% of the premium cost for individual and any form of dependent health insurance coverage, based on the cost of the traditional Excellus Health plan and the member shall pay 20% of said premium cost. At such time that the traditional Excellus Health plan is discontinued by the insurance carrier, the above costs will be based on the cost of the aforesaid Blue PPO Option H Plan.

C. The current Excellus traditional health plan, with three-tiered premium rates, shall continue to be provided (but only so long as Excellus continues to offer such plan) to those bargaining unit members hired prior to January 1, 2007, and their eligible dependents, as the sole alternative plan to the aforesaid BluePPO Option H Plan for said members. If the member opts for the Excellus traditional health plan, his/her premium contributions shall be at the same percentage rates as stated in 10.2(B) above, i.e., either 0% or 20% of the premium cost of the traditional health plan.

D. The College shall continue to make available to bargaining unit members the current MaxorPlus Plan with $5/$10 co-payments for retail pharmacy services and $10/$20 for mail service pharmacy.

E. For bargaining unit members hired prior to September 1, 1988 , the College shall pay 100% of the premium cost for individual and any form of dependent prescription drug coverage, and the member shall pay 0% of said premium cost.

For bargaining unit members hired on or after September 1, 1988 , the College shall pay 80% of the premium cost for individual and any form of dependent prescription drug coverage, and the member shall pay 20% of said premium cost.

F. The College shall continue to make available to bargaining unit members, and their eligible dependents, the current Delta Dental Plan.

G. For bargaining unit members hired prior to September 1, 1988 , the College shall pay 100% of the premium cost for individual and any form of dependent dental insurance coverage, based on the cost of the Delta Dental Plan, and the member shall pay 0% of said premium cost. For bargaining unit members hired on or after September 1, 1988 , the College shall pay 80% of the premium cost for individual and any form of dependent dental insurance coverage, based on the cost of the Delta Dental Plan and the member shall pay 20% of said premium cost.

H. Changing job titles or transfers within the bargaining unit does not constitute rehiring with regard to 10.2.

I. The College shall maintain the aforesaid health insurance coverage unless the parties mutually agree to change such coverage. During the term of the agreement the parties shall establish a Joint Committee to study and make recommendations for possible alternative insurance carriers and/or coverage. Such recommendations, if mutually acceptable to the parties to this agreement, may be implemented at any time. The added costs of any change in carriers and/or coverage, savings as the result of any changes in carriers and/or coverage, the rate of contribution by employees, and the designation of unit employees making such contributions, if any, shall be subject to negotiation.

10.3 Indemnification.

The Employer shall provide insurance coverage to protect the employee from financial loss arising out of any claim, demand, suit, or judgment by reason of the alleged negligence of such employee provided the employee, at the time such damages were sustained, was acting in the course of his/her official duties and within the scope of his/her employment, and such act did not result from the willful act or gross negligence of the employee and, provided further, that the employee, within five (5) days of the time he/she is served with any summons, complaint, process, notice, demand, or pleading, will deliver the original or a copy of the same to the Vice President for Administrative Services.

10.4 Death Benefit.

The named beneficiary or the estate, as the case may be, of an employee who dies while in service shall receive that benefit payable by the retirement program in which the employee participated.

10.5

Employees in the Health Services Department and Student Health Center who are required to obtain malpractice insurance shall be reimbursed up to one hundred dollars ($100.00) toward the annual premium cost.

10.6 Required Procedures.

The College may require and, if so, will pay for the post-deductible uninsured cost of physical examinations, lab or diagnostic tests, and immunizations.

10.7 Retirement Benefits

A. Eligibility. Employees fifty-five (55) years of age at the tim e of retirement and/or eligible to retire under their retirement program, and who have at least ten (10) years of service at the College, and who hold academic rank of Professor or Associate Professor or promotional level of Level IV or Level III, are eligible for the benefits provided herein. Employees who have achieved the rank of Level II by September 1, 2007 shall be grandfathered into this provision.

B. Limitation. During a fiscal year the College shall make the provisions of this section available to no more than five (5) employees on the basis of length of service in bargaining unit positions.

C. Cash Benefit, through 2008-09. An eligible employee who elects to retire under the provisions herein and who qualifies as indicated herein shall receive a one- tim e employer contribution of $36,000 upon retirement. The employer contribution shall be made into a 403(b) plan approved by SUNY and the MCCC Board of Trustees and selected by the employee. This provision shall sunset after the 2008-09 academic year.

Effective with the 2009-2010 fiscal year of notice as referenced in Section 10.7(F), as a supplement to the retiree health insurance benefit referenced in Section 10.8 of this Agreement, a sum of money equal to $300 for each unused, accumulated day of sick leave, but not to exceed $36,000, shall be credited to the account of the retiree to pay the retiree's share of health insurance premiums, until the sum is exhausted. If such a retiree should die before this benefit is exhausted, the remainder of the benefit shall continue to be applied to the health insurance premiums of any eligible dependent of the retiree who was covered under the College's health insurance plan at the tim e of the retiree's death but only until the remaining benefit is exhausted or said dependent(s) is/are no longer covered under the College's health plan for any reason. There shall be no payment made to the estate of a retiree or dependent under any circumstances. Furthermore, an employee who is eligible to receive the benefits in this Section 10.7 may apply donated sick leave days under Section 11.2(B) toward the $36,000 maximum sum above, provided the employee satisfies the criteria for, and is granted donated sick leave, subject to the conditions of Section 11.2(B).

D. Electronic Access. With the exclusion of access to the administrative data base, a retiree shall have the same computer software privileges and access including electronic mail, network software for word processing, spreadsheets, and graphics available to members of the bargaining unit with the same title the retiree had while employed. Fees and costs if applicable shall be paid by the retiree. Computer privileges and access will be for the period of three (3) calendar years from the date of retirement and may be extended at the option of the College.

E. Notice. For the 2002-2003 year, employees who wish to retire on December 31, 2002 under this provision shall notify the Dean of Human Resources in writing no later than the close of business on the first business day of November 2002. The decision to retire shall become irrevocable once the retiree and the College have concluded a separate contract unless this agreement has not been ratified by Oneida County by December 27, 2002 . The employee shall have 10 working days after receipt to accept and sign the contract . Failure to execute and return the contract within that period shall constitute withdrawal of notice.

Subsequent to the 2002-2003 year, employees who wish to retire under this provision shall notify the Dean of Human Resources in writing no later than the close of business on the first business day of September of the fiscal year in which they wish to retire. The decision to retire shall become irrevocable once the retiree and the College have concluded a separate contract. The employee shall have 15 working days after receipt to accept and sign the contract. Failure to execute and return the contract within that period shall constitute withdrawal of notice.

F. Retirement Date. The retirement date for an eligible employee shall be December 31 of the fiscal year of notice unless the College and the employee agree upon another date.

G. Disability. An employee who meets the eligibility requirements of 10.7.A and who fails to give notice of retirement by the first business day of September and who is subsequently forced to retire during that fiscal year because of disability shall be allowed to submit notice after the first business day of September. If the limitation specified in 10.7.B has not been reached for that fiscal year, the employee shall receive the benefits specified in this section on the employee's date of retirement. If the limitation specified in 10.7.B has been reached for that fiscal year, the employee will be in the pool of employees considered for the benefits in the next fiscal year for which the benefit is available.

The College, at its option, may require proof of disability. Proof shall consist of medical documentation satisfactory to the College of the nature of the disability requiring the employee's retirement and/or, at the option of the College, examination of the employee by a health care practitioner chosen by the College. The cost of such examination shall be borne by the employee.

H. The College shall have no responsibility to notify bargaining unit members of their potential eligibility for this benefit nor of the date by which notice is due.

10.8 Upon retirement the retiree shall have the health insurance benefit provided under Board of Trustees Policy Number 3.24.

10.9 Part-Time Employment.

If a bargaining unit member who retires after September 1, 1996 returns to employment on a part-time basis with the College in an instructional position for which the retiree qualifies, the retiree shall receive compensation at the overload rate. If a retiree returns to employment on a part-time basis with the College in a non-instructional position for which the retiree qualifies, the retiree shall receive compensation at the hourly rate the retiree earned at the time of retirement. If a bargaining unit member who retires after September 1, 2002 returns to employment on a part-time basis with the College in a non-instructional position for which the retiree qualifies, the retiree shall receive compensation at the hourly rate the retiree earned at the time of retirement increased by the same percentage as the overload rate has increased since the employee retired.

10.10 Tuition Waiver.

Employees who retire after September 1, 2002 , but not their dependents, shall be provided the same tuition waiver benefits subject to the same conditions and limitations as active bargaining unit member employees.

10.11 Benefit Fund

A. Effective September 1, 2002 , the Association will establish a Benefit Fund for the purpose of providing a program of benefits.

B. During the 2002-2003 year the College will contribute $385 per bargaining unit member pro rated at 66 and 2/3 % to the fund.

C. Effective September 1, 2003 the $385 contribution per bargaining unit member will increase by 0.5%.

D. Effective September 1, 2004 the contribution per bargaining unit member will increase by 0.5% of the prior year's contribution.

E. Number of bargaining unit members is defined as the number of employees employed in unit titles on the first business day of September of each year commencing September 1, 2002.

F. In the first year of this agreement the payment schedule will be on the first business day on or after:

January 15 50 %

March 15 50 %

G. In subsequent years the payment schedule will be on the first business day on or after:

October 1 50 %

January 15 50%

H. The College will make a concurrent contribution to the Benefit Fund of an amount equal to the gross amount paid to bargaining unit members who receive Health Insurance Waiver payments. This provision shall sunset, and become null and void, upon the ratification of this Agreement by the parties.

I. Notwithstanding any other provision of this Section to the contrary, the College's January 2007 payment to the fund shall be waived. Effective September 1, 2008 , the College's annual contribution to the fund shall be increased to $400 per bargaining unit member.