Section 43173 - Conditions of Participation, Salary and BenefitsParticipation in the Faculty Early Retirement Program shall be subject to the following conditions:
(a) Within the limitation set forth in the applicable retirement law for such post-retirement service, retirant shall have the right to continued employment for one term each academic year at the rank held at the time of retirement, unless the employee elects otherwise, until attaining mandatory retirement age or until the conclusion of the academic year in which he or she attains mandatory retirement age. As used in this Article, "mandatory retirement age" means the mandatory retirement age as provided in Government Code Section 20981. Retirant's right to continued employment shall terminate at an earlier date in the event of dismissal for cause, layoff, or failure to meet the employment commitment. For purposes of layoff affecting a retirant's teaching service area, the order for layoff shall be in the inverse order of the retirant's total length of service at the campus, including service before and after retirement.(b) Retirants shall serve during the term of employment determined by the campus.(c) Retirant's time base for service under this Article shall be the same as his or her time base during the academic year immediately prior to retirement.(d) During his or her term of service, a retirant serving full time under this Article shall fulfill his or her employment obligation and service contributions, including teaching, advisement, committee service, and other instructionally related assignments which would be required if such person had not retired, provided that such obligations, contributions, and assignments shall not extend beyond the conclusion of the term of service under this Article. For purposes of such obligations, contributions, and assignments, a retirant shall be deemed a tenured member of the faculty.(e) With the consent of the campus president, a participant in this program may be granted leave without pay for one or more terms in which he or she is scheduled to teach. After electing to participate in this program, a retirant shall be entitled to one leave of absence without pay for a term in which he or she is scheduled to teach if such leave is needed because of the participant's personal illness. No compensated leave of any kind, other than sick leave, shall be allowed participants in this program. The balance of accrued sick leave time of members of Public Employees' Retirement System and State Teachers' Retirement System is converted to service credit at the time of retirement and is therefore not available for use by retirants serving in this program. Retirants serving in the early retirement program shall accrue sick leave benefits in the same manner and subject to the same regulations as other employees of the California State University.Cal. Code Regs. Tit. 5, § 43173
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39). Note: Authority cited: Sections 66600, 89030, 89035 and 89500, Education Code. Reference: Section 23918, Education Code; and Section 21155, Government Code.
1. Amendment filed 9-20-82; effective thirtieth day thereafter (Register 82, No. 39).