A licensed employee who wishes to resign must notify the superintendent in writing within the time period set by the board for return of the contract.  This applies to regular contracts for the licensed employee’s regular duties and for an extracurricular contract for extra duty.  Resignations of this nature will be accepted by the board.

 

 

Legal Reference:  26 U.S.C. §162.
                                      Iowa Code §§91A.2, .3, .5, 272A.6, 279.13, .19A (1991).

Cross Reference:  405.3    Licensed Personnel Individual Contracts
                                      405.4    Licensed Personnel Continuing Contracts
                                      407       Licensed Personnel Termination of Employment

Approved:  3-31-92              
Reviewed:  12-12-22                          
Revised:  7-15-02, 11-13-19

 

Licensed employees who wish to be released from an executed contract must give thirty (30) days notice to the superintendent.  Licensed personnel may be released at the discretion of the board.  Only in unusual and extreme circumstances will the board release a licensed employee from a contract.  The board shall have sole discretion to determine what constitutes unusual and extreme circumstances.

Release from a contract shall be contingent upon finding a suitable replacement.  Licensed personnel requesting release from a contract after it has been signed and before it expires may be required to pay the board up to $500 for expenses incurred to locate and hire a suitable replacement.  Upon written mutual agreement between the employee and the superintendent, the costs may be deducted from the employee’s salary.  Payment of these costs shall be a condition for release from the contract in the discretion of the Board.  Failure of the licensed employee to pay these expenses may result in a cause of action being such that the Board will not release the licensed employee from his/her contract until the specified costs have been paid.

The Board has the option to file a complaint with the Board of Educational Examiners against any licensed employee who leaves without proper release from the board.

 

 

Approved:  4-7-98                
Reviewed:  12-12-22            
Revised:  3-09-98, 9-20-99

 

Licensed personnel who will complete their current contract with the board may apply for retirement.  No licensed employee will be required to retire at any specific age.

Application for retirement will be considered made when the licensed employee states in writing to the superintendent, no later than the date set by the board for the return of the employee’s contract to the board, the intent of the employee to retire.  The letter must state the employee’s desire to retire and be witnessed by another party other than the principal or the superintendent.  Applications made after the date set by the board for the return of the employee’s contract to the board may be considered by the board if special circumstances exist.  It shall be within the discretion of the board to determine whether special circumstances exist.

Board action to approve a licensed employee’s application for retirement shall be final and such action constitutes non-renewal of the employee’s contract for the next school year.

Licensed employees who retire under this policy will qualify for retirement benefits through the Iowa Public Employees Retirement System.

Licensed personnel and their spouse and dependents shall be allowed to continue coverage in the school district’s group health insurance program at their own expense by meeting the requirements of the insurer.

 

 

Legal Reference:  26 U.S.C. §162.
                                      42 U.S.C. §2000e-11.
                                      Iowa Code Chapter 97B and 601A, §279.46.
                                      370 Iowa Admin. Code 8.
                                      1974 Op. Att’y Gen. 11.
                                      1974 Op. Att’y Gen. 322.
                                      1978 Op. Att’y Gen. 247.

Cross Reference:  413.2  Support Personnel Retirement

Approved:  3-31-92              
Reviewed:  12-12-22            
Revised:             

 

Coverage

              This policy shall apply to certified employees who are currently under contract with the Bennett Community School District.

 

Eligibility

              To be eligible for the voluntary early retirement benefits described in this policy, an employee must have completed at least the number of years of continuous full-time service, as specified in the scale listed below, to Bennett Community School District or the full-time equivalent thereof prior to the effective date of the employee’s early retirement.  The employee must have reached the age, as specified in the schedule of benefits, on or before September 1^st of the school year for which early retirement is first granted.  The last year of employment must be a complete year of employment excluding absences due to illness or other approved leaves.

              To be eligible for the early retirement benefits described in this policy an employee must also make application for early retirement not earlier than October 1^st and not later than April 1^st of the school year prior to the first school year in which early retirement would commence.  The Board shall have the authority to approve or disapprove any and all applications for early retirement benefits.

              An employee applying for early retirement shall submit his or her resignation, with the effective date to be the end of the contract year in which the early retirement application is submitted, from employment with the application for early retirement, which resignation may be contingent upon the Board’s approval of the application for early retirement.  Applications for early retirement shall be addressed to the Superintendent on forms prepared by the Bennett Community School District.

 

Benefits

              Full-time certified employees shall be eligible for an early retirement stipend as set out in the following:

 

Years of employment                                 Age                      Basis of Payment
within the district

15 or more                                                    57                        A deposit to a 403(b) account of $10,000.00  

for year one; $8,000.00 for year two; $7,000.00 for year three; $5,000.00 for years four and five, effective through 9/1/15.  The deposits will be in consecutive Januarys following the acceptance of the early retirement application.

 

Unused/accumulated                                                              Employees may qualify for additional per
sick leave formula                                                                    diem pay for unused/accumulated sick leave
                                                                                                     upon retirement from the district.  The   
                                                                                                     employer’s per diem shall be the daily rate
                                                                                                     as provided in Schedule A for the regular
                                                                                                     school year prior to the year of retirement.

                                                                                                     *110 to 120 sick leave days - 20 additional
                                                                                                     days per diem pay

                                                                                                     *100 to 109 sick leave days - 15 additional
                                                                                                     days per diem pay

                                                                                                     *90 to 99 sick leave days – 10 additional
                                                                                                     days per diem pay

                                                                                                     *80 to 89 sick leave days – 5 additional
                                                                                                     days per diem pay

 

Payment

              The district will pay the incentive amount concurrent with the early voluntary retirement stipend.

 

Payments

              The payments shall be treated by the district as a contribution to a 403(b). 

 

Beneficiary

              In the event of the death of the employee prior to payment, payment shall be made to a designated beneficiary; or, in the event no beneficiary is named, payment shall be made to the estate of the employee.  In the event of the death of the employee, the entire sum remaining to be paid shall be paid to the estate in one lump sum.

 

Insurance

              A school district employee who retires is allowed to individually pay for and participate in the district’s group health plan at the group rates until he/she reaches age 65 by meeting the requirements of the insurer.

 

Non-Vesting, Amendable Policy

              No employee of the Bennett Community School District shall be considered to have any vested rights by virtue of this policy.  The Board retains the right to cancel, repeal, amend or otherwise change or eliminate the terms of this policy at any time.  Any and all rights to employees, their heirs, successors, beneficiaries or dependents under this policy shall terminate upon the death of any employee or retiree except for payments due and owing an employee whose retirement has commenced pursuant to this policy, which payment shall be paid to the estate of such retiree when payable.

              An employee eligible to retire under this policy waives all future rights to apply for employment with the Bennett Community School District with the exception of substitute services.

 

This policy is not offered for the 2016-2017 school year.

This policy is offered for the 2017-2018 school year.

This policy is not offered for the 2018-2019 school year.

 

 

Approved:  02-10-97            
Reviewed:  12-12-22            
Revised:  02-09-15, 10-08-18

 

The school district offers an early retirement plan for full-time licensed employees.  Full-time licensed employees are licensed employees who are regularly scheduled to work 40 hours per week and who are currently performing their assigned duties within the school district.  A licensed employee is eligible under the early retirement plan when the licensed employee:

• Is at least age 56 prior to the start of the next school year.
• Completes a total of 15 years of service as a full-time licensed employee to the school district;
• Submits an application to the superintendent for participation in the plan on or before January 27 for tier one and on or before March 1 for tier two of the year in which the employee wishes to retire;
• Submits a written resignation.  The resignation may be contingent upon approval by the board of participation in the voluntary early retirement plan; and
• Receives board approval of the licensed employee’s application for participation in the early retirement plan, of the licensed employee’s resignation and of the disbursement of early retirement incentive to the licensed employee.

Approval by the board of the licensed employee’s early retirement application shall constitute a voluntary resignation.  Approval by the board of the licensed employee’s early retirement application will also make the licensed employee eligible for disbursement of the early retirement incentive the sooner of July 1 following the licensed employee's approval for early retirement or a date mutually agreed upon by the school district and the licensed employee.  Failure of the board to approve the licensed employee’s early retirement application will make the licensed employee’s current contract with the board continue in full force and effect.

 

Benefits:

Lump Sum Amount:

A lump sum of $35,000.00 (for tier one) and a lump sum of $15,000.00 (for tier two) will be deposited into a 403(b) account in January of the year following early retirement.

Unused/accumulated sick leave formula:

Employees may qualify for additional per diem pay for unused/accumulated sick leave upon retirement from the district.  The employer’s per diem shall be the daily rate as provided in Schedule A for the regular school year prior to the year of retirement.  The district will pay the incentive amount concurrent with the early voluntary retirement stipend.

110 to 120 sick leave days – 20 additional days per diem pay

100 to 109 sick leave days – 15 additional days per diem pay

90 to 99 sick leave days – 10 additional days per diem pay

80 to 89 sick leave days – 5 additional days per diem pay

Insurance:

Upon retirement, the licensed employee is eligible to continue participation in the school district’s group insurance plan at the school district’s expense by meeting the requirements of the insurer, for tier one.  For tier two, the school district will pay 75% of the premium and the employee will pay 25% of the premium.  Any rate increase beyond what is paid during the 2019-2020 school year will be at the retiree’s expense.  The insurance coverage will cease when the licensed employee/retiree reaches age 65, secures other employment in which the employer provides insurance coverage, or dies.  If dependent insurance coverage is carried, that coverage may continue beyond the employee’s/retiree’s 65^th birthday for a period of up to five years or until the dependent reaches age 65.

Beneficiary:

In the event of the death of the licensed employee prior to payment of the early retirement incentive but after the licensed employee’s retirement has begun, the early retirement incentive will be paid to the designated beneficiary in one lump sum payment.  In the event no beneficiary is designated, the incentive will be paid to the licensed employee’s estate in one lump sum payment.

The board has complete discretion to offer or not to offer an early retirement plan for licensed employees.  The board may discontinue the school district’s early retirement plan at any time.  Upon adoption of this early retirement plan, licensed employees meeting the eligibility requirements will have 1 year to utilize this early retirement plan.

This policy is not offered for the 2016-2017 school year.

This policy is offered for the 2017-2018 school year.

This policy is not offered for the 2018-2019 school year.

This policy is offered for the 2019-2020 school year.

This policy is not offered for the 2020-2021 school year.

 

 

Legal Reference:  29 U.S.C. §§ 621 et seq. (2012).
                                      Iowa Code §§ 97B; 216; 279.46; 509A.13.
                                      1978 Op. Att’y Gen. 247.
                                      1974 Op. Att’y Gen. 11, 322.

Cross Reference:  407.3    Licensed Employee Retirement
                                      413.2    Classified Employee Retirement

Approved:  2-10-97              
Reviewed:  12-12-22            
Revised:  9-12-16, 3-11-19, 12-09-19

 

Employees shall perform their assigned job, respect board policy and obey the law.  The superintendent is authorized to suspend a licensed employee pending board action on a discharge or for investigation of charges against the employee, and for disciplinary purposes.  It shall be within the discretion of the superintendent to suspend a licensed employee with or without pay.

In the event of a suspension, appropriate due process shall be followed.

 

 

Legal Reference:  Northeast Community Education Association v Northeast Community School District, 402 N.W.2d 765 (Iowa 1989).
                                      McFarland v Board of Education of Norwalk Community School District, 277 N.W.2d 901 (Iowa 1979).
                                      Iowa Code §§20.7, .24, 279.13, .15-.19, .27 (1991).

Cross Reference:  413.4    Support Personnel Suspension

Approved:  3-31-92              
Reviewed:  12-12-22                          
Revised:             

 

The board has the exclusive authority to determine the appropriate number of licensed employees.  A reduction of licensed employees may occur as a result of, but not be limited to, changes in the education program, staff realignment, changes in the size or nature of the student population, financial situation considerations, and other reasons deemed relevant by the board.

The reduction in licensed employees, other than administrators, will be done through normal attrition if possible.  If normal attrition does not meet the necessary reduction in force required, the board may terminate licensed employees.

It is the responsibility of the superintendent to make a recommendation for termination to the board.  The process for reduction in force shall be as follows:

The superintendent shall consider the following criteria in making the recommendations:

• Endorsements and educational preparation within the grade level and subject areas in which the employee is now performing;
• Relative skills, ability and demonstrated performance;
• Qualifications for co-curricular programs; and
• Number of continuous years of service to the school district.  This will be considered only when the foregoing factors are relatively equal between licensed employees.

Due process for terminations due to a reduction in force will be followed.

 

 

Legal Reference:  Iowa Code §§20; 279.

Cross Reference:  407.4    Licensed Employee Suspension
                                      413.5   Classified Employee Reduction in Force
                                      703        Budget

Approved:  3-31-92              
Reviewed:  11-13-19            
Revised:  2-12-18