HOP 2.53 Phased Faculty Retirement for Tenured Faculty
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Handbook of Operating Procedures
  • Policy Process

    • Handbook of Operating Procedures
    Chapter 2 - Faculty and Academics
    Publication Date: June 10, 2022
    Policy Reviewed Date: June 10, 2022
    Policy Owner: VP for Academic Affairs


    2.53 Phased Faculty Retirement for Tenured Faculty

    I. POLICY STATEMENT

    The University of Texas at San Antonio offers tenured faculty who are eligible to retire the option of applying to “phase” into complete retirement by various combinations of partial appointments. Phased Retirement shall be allowed only after a determination that part-time continued appointment not only benefits the individual faculty member retiree but also is in the best interest of UTSA. Such appointments shall terminate at the expiration of the Phased Retirement period; existing policies of UTSA and the University of Texas System related to modified service and/or emeritus faculty status apply.

    II. RATIONALE

    This policy accords with University of Texas (UT) System policy as set forth in the Board of Regents’ Rules and Regulations Rule 30301 Employment of Retirees.

    III. SCOPE

    This policy applies to all UTSA tenured faculty.  

    IV. WEBSITE ADDRESS FOR THIS POLICY

    http://www.utsa.edu/hop/chapter2/2.53.html

    V. RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS

    1. University of Texas System Policies or the Board of Regents' Rules & Regulation
      1. Board of Regents’ Rule 30301- Employment of Retirees
    2. State Statutes
      1. Texas Education Code Section 51.922 – Mandatory Retirement Prohibited
      2. Texas Education Code Section 51.964 – Hiring of Certain Retirees
      3. Texas Government Code Section 2252.901 – Contracts with Former or Retired Agency Employees
    1. UTSA HOP Policies
      1. Handbook of Operating Procedure 4.13 - Retirement and Modified Service

    VI. CONTACTS

    If you have any questions about this HOP 2.53, Phased Faculty Retirement for Tenured Faculty, contact the following office:

    1. Academic Affairs
      210-458-4110

    VII. DEFINITIONS

    1. Retiree - A retiree is any tenured faculty member who voluntarily terminates employment with UTSA and who meets the service requirements for retirement under the Teacher Retirement System or the Optional Retirement Program.
    2. Phased Retirement - Phased retirement refers to reduced appointments in teaching service and/or scholarship to assist an individual in preparing for full retirement. A post-retirement contract is entered into for not more than one academic year. If it is in the best interest of the University, UTSA may offer an additional contract of not more than one additional academic year. In no event can the period of phased retirement exceed three academic years. The contract also cannot be subsequently extended after the initially approved contract. The tenured faculty member officially retires, and then continues in a part-time (≤50%) term appointment without tenure until the expiration of the term contract.
    3. Planned Phased Retirement - An agreed plan for phasing the tenured faculty appointment from 100% to full retirement. The plan will include the semesters involved, the percentage of appointment, workload and academic duties, and compensation.

    VIII. RESPONSIBILITIES

    1. Tenured Faculty Member
      1. Provide written notice of desire to enter phased retirement to Department Chair/School Director.
      2. Prepare planned phased retirement in conjunction with Department Chair/School Director.
    2. Department Chair/School Director
      1. Upon receiving written request for phased retirement from the tenured faculty member, prepare planned phased retirement in conjunction with tenured faculty member and contact Faculty Personnel Services to assist in the process.
      2. Refer the tenured faculty member to HOP 2.53 and its attachments.
      3. Notify the tenured faculty member of the Dean’s and Provost’s recommendations.
    3. Dean
      1. Review and evaluate whether the phased retirement plan contract prepared by the tenured faculty member and the department chair is in the best interest of the College. If he or she determines that it is, then shall forward the proposed contract to the Provost for review.
    4. Provost
      1. Review and approve or deny the phased retirement contract. May also seek additional information as needed
    5. Faculty Personnel Services
      1. Provide process guidance to the tenured faculty member and coordinate with People Excellence, as needed. After the planned phased retirement has been approved by the Dean and the Provost, Faculty Personnel Services will work with the tenured faculty member on finalization of the contract.
    6. People Excellence
      1. Review the retirement request based on applicable Teacher Retirement System or Optional Retirement Program rules and policies.

    IX. PROCEDURES

    1. Eligible individuals desiring Phased Retirement must develop a Planned Phased Retirement through discussions with the department chair/school director at least one semester prior to the desired start date.
    2. A proposed written plan for Phased Retirement using the form included as Attachment A will be prepared by the department chair/school director for review by the dean; and
    3. The dean will review and determine if the Phased Retirement plan is in the best interest of the College. If they determine that it is, the dean shall forward the proposed contract to the Provost with a request for review and approval.
    4. If the plan is approved by the Provost, it will be finalized and submitted by the department chair/school director to the tenured faculty member for review and approval in accordance with the waiver procedures included as Attachment B.
    5. Upon final approval, the term contract will remain in effect until complete retirement at the end of the Phased Retirement period, unless the faculty member shall elect complete retirement prior to the end of the term contract. The faculty member may elect complete retirement prior to the end of the Phased Retirement period by providing 30 days prior written notice. In the event that there are less than thirty days remaining in any given semester, the contract will terminate on the day after the completion of that semester. The University may terminate the contract at any time for a violation of state or federal law, of University policies, or for failing to fulfill duties as assigned pursuant to the contract.
    6. Faculty compensation and benefits during Phased Retirement:
      1. Salary during the Phased Retirement period will be based on the academic rate at the beginning of the period and determined by the percent time of appointment. Increases in salary, if any, will be based on merit in accordance with regular salary policies for academic appointments;
      2. Any work which Professor may perform during the summer session shall be agreed to in advance, and shall be compensated at 50% of the specific College’s Summer Pay Plan, and any other applicable university or college guidelines and policies. 
      3. Receipt of retirement annuity payments in accordance with the Teacher Retirement System election or Optional Retirement Program;
      4. Group insurance and other employee benefits will be available to the extent provided by State law and current University policy;
      5. All usual rights and responsibilities of faculty appointments shall continue through the term of the contract except that the faculty member shall not serve on any committee to which members are elected by the faculty. Voting status in the general faculty and the colleges/schools shall be retained;
      6. Removal from UTSA’s payroll for at least one month following the effective date of retirement and before commencing service under the post-retirement contract if the faculty member is retiring under the Teacher Retirement System; and,
      7. Subject to the annual instructional needs of the department and with the approval of the department chair/school director and the dean, a faculty member being appointed one-half time may complete a one-half time appointment by teaching full time in one semester and zero time in the other semester. A faculty member under the Teacher Retirement System who is approved to teach under this alternative must complete a Teacher Retirement System form entitled Application for Employment after Retirement Exception prior to the beginning of the academic year to which it shall apply. The form, which is completed by the faculty member in consultation with the Payroll Division, must be filed separately for each academic year that this appointment alternative is followed.

    X. SPECIAL INSTRUCTIONS FOR INITIAL IMPLEMENTATION

    None

    XI. FORMS AND TOOLS/ONLINE PROCESSES

    1. The following forms can be located on the Academic Affairs website at Resources for Chairs and Deans under Faculty Appointments.
    2. Attachment A - Phased Retirement Agreement for Tenured Faculty
    3. Attachment B - Procedures for Waiver Under the Age Discrimination in Employment Act of 1967 (ADEA) and the Older Workers Benefit Protection Act (OWBPA)

    XII. APPENDIX

    None

    XIII. Dates Approved/Amended

    06-10-2022