3364-25-61. Re-employment of retirees

(A) Policy statement

Employees, including faculty, who retire from the university of Toledo through a state retirement system or the alternative retirement program ("retirees") may be hired into a university position in accordance with federal and state laws and university policy. Reemployment after retirement is not an entitlement; however, individuals may possess institutional knowledge or other unique skills and experience requiring longer lead time for project completion and/or staffing and replacement initiatives. Retirees who have already been re-employed at the university of Toledo prior to the adoption of this policy will not be subject to this policy in their current positions. Moving forward, however, retirees may only be rehired as outlined in this policy.

(B) Purpose of policy

To provide uniform, consistent procedures relating to rehiring retirees. The university strives to ensure that future staffing needs are met through succession planning or other appropriate sourcing procedures, with an emphasis on consideration of internal talent to provide opportunities for advancement and professional growth.

(C) Scope

This policy applies to the re-employment of retired university of Toledo faculty and staff. A retiree seeking re-employment is any individual:

(1) Who was previously employed by the university in any capacity, and

(2) Who left the university in good standing, and

(3) Who retired, or who has applied for retirement, from the university of Toledo, and

(4) Who is seeking re-employment in any capacity at the university of Toledo following retirement.

(D) Rules

(1) Re-employment to the same or a similar position held at the time of retirement may be considered based on reasons that are in the best interest of the university. A retiree rehired by the university of Toledo in the same or a similar position will work fewer hours and receive a rate of pay lower than his or her previous salary at the time of retirement unless otherwise precluded by collective bargaining agreements or contractual agreements that govern research grants.

(a) Reasons to re-employ an individual in the same or a similar position held at the time of retirement include:

(i) To retain and transfer specialized knowledge or breadth of university contacts from the retired employee to others.

(ii) To manage a function while a search is in process.

(iii) To maintain current capability during or in anticipation of an organizational redesign or restructuring.

(iv) To oversee or complete a significant university project or grant.

(v) To manage university staffing needs that may vary with changes in enrollment.

(b) Re-employment of a retiree will be for the duration of no more than twelve months. Any extensions beyond the twelve months are at the sole discretion of the appointing authority. The appointing authority may terminate the re-employed retiree without cause with ninety day notice, or immediately for cause.

(2) A retiree hired into a different position from which he or she retired will be paid consistent with the assigned duties to be performed and within the pay range for the job classification.

(a) The normal university employment search process must be followed.

(b) Benefit eligibility must be discussed with human resources ("HR") prior to employment.

(3) Re-employment to a faculty position. Faculty may be rehired in temporary or term positions, which are without tenure or eligibility for tenure.

Rehired faculty are eligible for research funds and participation in grant and other project proposals according to the rules and regulations governing each individual research grant.

(4) When factors weigh in favor of rehiring a retiree, the appointment may occur subject to the other provisions of this policy and the following conditions:

(a) It is the responsibility of the retiree to contact the appropriate retirement system to discuss how the change in employment status may impact pension and benefit options.

(b) An employee who has retired through any public retirement system who is re-employed by the university will not be given credit for any prior service credit upon rehire.

(c) An employee who retires and receives a cash benefit conversion of sick leave upon retirement is not eligible for another payout of accrued sick leave upon subsequent rehire and separation from the university.

(d) Other benefit eligibility will be determined by the terms of the university benefit plans and procedures and applicable law.

(e) All re-employed retirees serve at the discretion of the appointing authority.

(f) University policies and procedures apply to rehired retirees.

Effective: 7/1/2019
Promulgated Under: 111.15
Statutory Authority: 3364
Rule Amplifies: 3364