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Provost's Office
Admin South 311 UALR
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Little Rock, AR 72204
(501) 569-3204
University-wide Administrative Memorandum 430.2
Voluntary Early Retirement Program for Tenured Faculty
- General Purpose
The voluntary early retirement program ("the Program") of the University of Arkansas
("the University") for tenured faculty is made available to eligible tenured faculty. Under the
terms of the Program, the faculty member will receive certain benefits in exchange for
his/her immediate retirement and relinquishment of tenure. Participation in the Program is
voluntary and is not mandated upon either tenured faculty or the University. Participation
in the Program is not an entitlement but may be made available to eligible tenured faculty
members when:
- A savings to the University can be demonstrated, and
- The terms and circumstances of the retirement would not be detrimental to the
University and its programs including, but not limited to, sufficient financial and
staffing resources available to the department, campus, and unit from which the
individual is retiring.
- Procedures for Submitting Early Retirement Requests
Any tenured faculty member meeting the minimum qualifications listed below may
initiate a request for the University to consider the faculty member's participation in the
Program. The request must be submitted in writing by the faculty member to the head of
the faculty member's unit. Each campus will be responsible for developing and informing
faculty of a time schedule for submission of early retirement requests. Participation in the
Program is subject to approval of the Board of Trustees of the University of Arkansas ("the
Board") and shall be evidenced by a written agreement between the individual and the
University. Each voluntary early retirement agreement ("the Agreement") must be approved
by the Board prior to the effective date of retirement of the faculty member. The Agreement
shall be in a standard form, approved by the General Counsel of the University, setting forth
its terms.
Within the guidelines listed below, the terms of the Agreement should be discussed
between the faculty member and the head of the faculty member's unit. Each campus may
also designate one or more individuals to consult with the faculty member in evaluating the
Agreement although the campus representative is not authorized to furnish legal, tax or other
professional advice. In developing the Agreement, each faculty member must be apprised
of his/her rights under the Age Discrimination in Employment Act and be advised to seek
the advice and counsel of attorneys, accountants and others who can provide the faculty
member with information to assist in making an informed decision. In all cases, the faculty
member should be given at least 45 days to consider his/her participation in the Program
unless the faculty member waives this requirement in writing. Waivers shall be in a standard
form approved by the General Counsel of the University.
If the faculty member and the head of the unit agree on an early retirement request, in
accord with the Program, an Agreement should be completed and forwarded for approval
through administrative channels, together with a letter of recommendation from the
appropriate Chancellor or the Vice President for Agriculture, to the President of the
University. Each Agreement must be accompanied by
- A statement signed by the requesting faculty member, assuring University officials
that the faculty member's participation in the Program is voluntary; and
- An "early retirement worksheet," in a form substantially corresponding to the form
attached to this Universitywide Administrative Memorandum.
- Minimum Qualifications
- The Program is not available to a faculty member who is on leave-without-pay;
receiving long-term disability insurance benefits; or receiving worker's
compensation.
- On the effective date of a participating faculty member's retirement pursuant to an
Agreement, the faculty member shall:
- Be age 55 or older, and
- Have 15 years of continuous service in a tenured or tenure track faculty
position with the University of Arkansas.
"Continuous service in a tenured or tenure track faculty position" means 15
consecutive years of service, subject to provisions herein for leave-without-pay
status.
"Tenured or tenure track faculty position" shall be as defined in Board Policy
405.1. For purposes of the Program, individuals who held a tenured faculty
position prior to or contemporaneous with the assumption of administrative
duties in connection with the positions of President or other System
administrator, Chancellor, Vice Chancellor for Academic Affairs, Dean, or
Department HeadIChair and who continue to hold tenure throughout their
employment as administrators shall be considered as holding a tenured or
tenure track faculty position during such period of administrative service.
"Years of service" will be calculated in whole year increments. In the case of
an individual on twelve-month appointment, fractions of years of service that
are six months or less will be rounded down to the next lowest full year of
service and fractions of years of service that are greater than six months will
be rounded up to the next highest year of service. In the case of an individual
on nine-month appointment, years of service will be calculated with the fall and
spring semester each representing half a year.
Time spent in an "off campus duty assignment" will be counted in computing
continuous service.
Time spent in a "leave-without-pay" status will not be counted in computing
continuous service but faculty members who have no more than three years in
a leave-without-pay status are not prevented from participation in the Program
as long as they can otherwise show fifteen years of service. For Example: X
begins his/her appointment in the fall of 1976 and works continuously until the
end of the spring term in 1986. From the beginning of the summer term 1986
until the fall term of 1988, X is in a leave-without-pay status. X returns to
active status in the fall of 1988 and works until the end of the spring term of
1993. X has fifteen years of service and can participate in the early retirement
program.
"Service…with the University of Arkansas" means service at any of the
campuses or the System Office of the University of Arkansas.
- Program Requirements
Before an Agreement can be approved, a "net savings in personnel costs" to the
University must be identified. The cost savings must be realized within seven years of the
effective date of the Agreement. A cost savings will be determined for each year of the
seven-year period by subtracting the retirement cost and replacement cost from the retention
cost. The fact that a cost savings is not shown in one year will not prevent a faculty member
from qualifying for the Program if a total cost savings can be realized over the seven-year
period. For purposes of this Program:
"Retirement cost" means the cost of all benefits, including future part-time teaching,
research or other employment-related costs of the faculty member;
"Replacement cost" means the estimated salary and fringe benefits cost of the individual
or individuals who will be employed to fill the position or responsibilities of the retiring
faculty member;
"Retention cost" means the last annual salary and fringe benefits cost of the retiring
faculty member, including any increases in salary or fringe benefits approved prior to the
effective date of an Agreement.
The maximum dollar value of benefits that can be received under an Agreement is the
current annual salary of the retiring faculty member or such lesser amount as is necessary
to show a cost savings to the University within seven years. Current annual salary shall be
based upon the academic year (for faculty members on nine-month appointment) or fiscal
year (for faculty members on twelve-month appointment).
The benefits may take several forms including but not limited to:
Stipend without requiring work;
Wages for part-time work (subject to the provisions set out below);
Contribution to a designated funding sponsor under the University Retirement Plan;
Reimbursement for major medical and/or life insurance premiums;
Other arrangements.
Wages for part-time work shall not exceed 5/16 of the faculty member's last full-time
annual salary. If the retiring faculty member plans to return to the University on a part-time
basis at any time during the seven years immediately following early retirement, the cost of
the part-time employment must be calculated as "retirement cost" for purposes of showing
a cost savings to the University.
- Special Campus Program—Approval by President
The Chancellor of any campus may submit to the President for approval a special
voluntary early retirement program applicable only to tenured faculty members on that
campus. Such a proposal may provide for benefits or incentives for a limited period of time
beyond the benefits set forth in this Program and may also be limited to tenured faculty
members within a minimum and maximum age classification. The proposal may also modify
the eligibility criteria of the Program and may include an option for relinquishment of tenure
under a phased retirement Agreement whereby the faculty member reduces workload over
a period of not more than three years. Incentive payments for a phased retirement proposal
may include special allowances and/or payment of all or a portion of continued insurance
coverages. Any such proposal must be consistent with Board Policy and applicable law,
meet the general purposes set forth in the preamble to this Universitywide Administrative
Memorandum and must be justified by the Chancellor with such substantiation as the
President might direct.
June 1, 1994