ARTICLE XXI

Section 4.     Reemployment After Retirement

A.         Former employees may be re-employed unless expressly prohibited by state law.

B.        Nothing in this Section constitutes a guarantee of employment.

Approval for such employment will be made on an individual basis by the Employment and Staffing Officer for Human Resources (or designee). Such employees shall be rehired as an hourly teacher or as an annual contract teacher and shall receive the same pay and benefits as regular teachers for the term of their employment.

C.        Re-employed retirees who accrue sick leave days subsequent to retirement shall be paid at the daily rate they earned at the time they first became eligible for retirement.

ARTICLE XIV

Section 17.   Terminal Pay

A.        To encourage and reward employees who exercise particular care in the maintenance of their personal health and job attendance, the Board will provide terminal pay to personnel at resignation, normal retirement, or to their beneficiaries, if services are terminated by death. Any person not in service at the time of retirement shall not receive these benefits. Terminal pay shall not exceed an amount determined by the daily rate of the employee at resignation, retirement, or death as follows:

1. during the first three years of service, the daily rate of pay multiplied by 35% times the number of days of accumulated sick leave;

2. during the next three years of service, the daily rate of pay multiplied by 40% times the number of days of accumulated sick leave;

3. during the next three years of service, the daily rate of pay multiplied by 45% times the number of days of accumulated sick leave;

4. during and after the 10th year of service, the daily rate of pay multiplied by 50% times the number of days of accumulated sick leave;

5. during and after the 13th year of service and until when first eligible for normal retirement, the daily rate of pay multiplied by 100% times the number of days of accumulated sick leave. Thereafter, the daily rate will remain frozen at the rate when first eligible for normal retirement. In no case, however, shall an employee whose daily rate has been frozen, pursuant to this provision, receive less than the amount determined as in 4.

B.        Provisions for terminal pay at resignation apply only to those sick/annual leave days accrued after July 1, 1982.

C.        Payment for the resignation and retirement benefit will be made within 60 calendar days of the effective resignation or retirement date.

D.        Resignation or retirement, as referred to herein, shall mean termination of employment by action of the employee. Such termination excludes resignation or retirement after a recommendation for dismissal or resignation or retirement, after participation in a work stoppage, job action, or strike, in the absence of specific approval by the Board. The daily rate shall be computed by dividing the number of "working days" that year into the annual salary. "Normal retirement", as referred to herein, shall mean retirement under any retirement system established by the Legislature, with either full or reduced benefits, as provided by law. "Normal retirement" shall not be interpreted to include disability retirement. Years of service shall mean creditable years of service under any retirement system of the State of Florida.

E.         M-DCPS agrees to be the prospective client in whose name UTD can request an IRS ruling on severance pay plans with the stipulation that any participation by the district does not obligate the School Board in any way.

APPENDIX D

Section 2

B.         Retirement Incentive Program

For employees retiring from full-time service and who are retiring and terminating* within the fiscal year (defined to allow completion of the current school year) in which they first become eligible for normal retirement as defined in 1., 2., and 3., below, the Board will establish a temporary retirement incentive program, which will provide reimbursement of the retiree's personal health insurance or health maintenance organization premiums until such time as the retiree becomes eligible for Medicare Parts A and B, at which time said reimbursement shall no longer be made.

*Note:                Employees who have retired under the Deferred
Retirement Option Program (DROP) and terminate
employment within the fiscal year in which they first became eligible for normal retirement are eligible for this incentive. However, employees who have retired under DROP and continue employment beyond their first fiscal year of eligibility shall not be eligible for this incentive.

The date when an employee first becomes eligible for benefits under this Section will include the earliest of the following:

1. an employee's eligibility for normal retirement under the Florida Retirement System; or

2. an employee's eligibility for normal retirement under the Teachers! Retirement System; or

3. an employee's eligibility for normal retirement under the State and County Officers and Employees Retirement System.

In addition, employees who retire under the M-DCPS Early Retirement Plan, as outlined in Appendix D, Section 8, shall be eligible.

The reimbursement will be paid once, annually, during the month of October, upon presentation of a paid premium invoice and a copy of a canceled check or money order. All substantiation must be submitted to the Office of Risk and Benefits Management by August 31 of the respective year on designated forms.

The amount of reimbursement will be prorated by the complete calendar months of coverage, but limited to no more than $1,200 annually during the duration of this Contract.

Ten-month employees who are otherwise eligible, but who will not attain normal retirement age until after July 31, but prior to October 1, may retire after completion of service in June with a reduced state retirement benefit, without forfeiting their entitlement to this reimbursement.

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