III DC ategories of Employment Procedure January 2011

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III DC ategories of Employment Procedure January 2011 Powered By Docstoc
					III. D. Procedure: Categories of Employment

Effective Date: January 21, 2011

Revises and Retitles: Employee Classification

Revised and Retitled: Procedure: Categories of Employment

Previous Effective Date: May 10, 2001



I.    Policy

      With very limited exceptions, employees of the Technical College System of
      Georgia and its associated technical colleges are members of the unclassified
      service of the State Merit System (now the State Personnel Administration). By
      statute, and pursuant to the intent of the General Assembly, all employees hired
      on or after July 1, 1996 shall be included in the unclassified service and are
      considered “at will” employees. Within the Technical College System of Georgia,
      all such employees are considered to be employed “at will” unless their status is
      subsequently changed through a written employment contract.

      The Commissioner and/or Technical College Presidents may offer employment
      contracts as provided by policy. No employment contract shall encompass a
      period to exceed twelve (12) calendar months. Adjunct faculty shall not be issued
      employment contracts; instead, terms and conditions of employment shall be
      articulated in a memorandum/letter of agreement. No such agreement shall
      exceed a single academic term and adjunct faculty are not permitted to work
      between academic terms.

      If tenure was conferred on an employee prior to or at the time of conversion of a
      technical college/institute from operation by a local board of education to state
      control, he/she shall retain tenure unless he/she later accepts a promotion or
      transfers to a different position (at his/her college) or, accepts a position at
      another technical college or the TCSG System Office. NOTE: The Technical
      College System of Georgia does not confer tenure upon its faculty.

      The employment status of those employees who were members of the classified
      service on July 1, 1996 shall be governed by Technical College System of
      Georgia (TCSG) policies/procedures and State Personnel Board Rules; in
      particular, the provisions of the Rules pertaining to Adverse Employment Actions
      and Intra-Agency Appeals.

      Provided an applicant meets all pre-employment hiring requirements as
      stipulated by applicable State Board of Technical and Adult Education policies
       and procedures, he/she may be appointed to a full- or part-time position at the
       TCSG System Office or at an technical college in one of the following
       employment categories: Regular Appointment; Regular, Part-Time Appointment;
       Temporary Appointment; Adjunct Faculty Appointment; or, Federal/College Work
       Study Student Appointment.

II.    Applicability:

       All technical colleges associated with the Technical College System of Georgia.

III.   Related Authority:

       O.C.G.A.§45-20-1 et.seq.
       O.C.G.A.§34-7-1
       State Personnel Board Rules (General)
       State Personnel Board Rules (Flexible Benefits Program)
       Teachers Retirement System Board of Trustee Rules
       Employees’ Retirement System Board of Trustee Rules
       State Health Benefit Plan Rules
       State Board of Technical and Adult Education Procedure III.U.12.
       26 CFR Part 31 – Internal Revenue Service/Department of Treasury -
       26 CFR Part 31.3121(b)(10), Internal Revenue Code

IV.    Definitions:

       Academic Term: a division of an academic year during which a technical
       college holds classes, e.g., quarter, semester, mini-mesters, etc.

       Adjunct Faculty: a temporary, time-limited appointment generally reserved for
       individuals whose primary employment is with another state agency or TCSG
       technical college or System Office, the University System of Georgia, a private
       employer or non-profit organization, educational entity, or with a non-instructional
       work unit of a current employee’s technical college. Professional credentials
       required for appointment as full-time faculty will be required for appointment in
       this capacity. The employee’s appointment encompasses an academic term and
       corresponding terms and conditions of employment are outlined in a
       memorandum/letter or agreement. Work entails the delivery of academic
       instruction for one or more assigned course(s) in one or more technical
       college(s).

       “At will”: employees considered to be “at will” employees may be discharged or
       may quit for any reason not specifically prohibited by law. The presumed duration
       of an indefinite period of employment is generally considered the length of the
       first pay period. At the end of this period, the employer or employee may end the
       employment relationship “at will”.
      Classified Service: an employment status which confers certain rights of appeal
      as promulgated in State Personnel Board Rules. The classified service includes
      those employees of state departments/agencies (as defined in O.C.G.A.§45-20-1
      et.seq.) who were in the classified service as of June 30, 1996, and who have
      remained in classified positions without a break-in-service since that date.

      FICA – Medicare: the portion of the FICA (Federal Insurance Contributions Act)
      tax dedicated to support Medicare – the social insurance program administered
      by the U.S. Government to provide health insurance coverage to individuals age
      65 and over, or those who meet other special criteria.

      FICA - OASDI: the Social Security portion of the FICA (Federal Insurance
      Contributions Act) tax dedicated to Old-Age, Survivors, and Disability Insurance.

      Unclassified Service: is defined as employment “at will” and includes all
      employees except those in the classified service as defined in O.C.G.A.§45-20-1
      et.seq.

V.    Attachments

      N/A

VI.   Procedure:

      A. Categories of Employment:

         1. Regular Appointment: Individuals hired in this capacity are considered full-
            time, benefits eligible, receive a monthly or semi-monthly salary, and are
            expected to be employed for a continuous period of nine (9) or more
            calendar months. Regular appointments entail a work commitment of thirty
            (30) or more hours per week.

            NOTE: An individual appointed to a full-time faculty position which
            encompasses only nine (9) nine or (10) ten calendar months given the
            academic program of assignment shall receive a pro-rated salary which
            covers a twelve (12) month period. A similar administrative process
            governs the transition of a current faculty member from a twelve (12)
            month period of employment to a nine (9) or ten (10) month period of
            employment. Staff working under this arrangement shall receive a reduced
            monthly salary for twelve (12) months.


         2. Regular, Part-time Appointment: Individuals hired in this capacity (which
            may include faculty), receive a monthly or semi-monthly salary and have a
            work commitment of at least twenty (20) but no more than twenty-nine (29)
            hours each work week for a period of nine (9) or more calendar months.
   Individuals are eligible for pro-rated leave accrual and, with limited
   exceptions, are eligible for membership in the Teachers Retirement
   System of Georgia as referenced in Paragraph VI.C.

3. Temporary Appointment: An individual hired in this capacity is not benefits’
   eligible, does not accrue leave, and is not eligible for membership in the
   Teachers Retirement System of Georgia and may not become a regular
   member of the Employees’ Retirement System of Georgia. Instead, the
   employee must participate in the Employees’ Retirement System’s
   Georgia Defined Contribution Plan unless he/she is otherwise excluded by
   law.

   Types of temporary positions/appointments based on hours worked and
   the anticipated period of employment is as follows:

   a. An hourly-paid employee may work for an indefinite period (including
      the time period between academic terms) provided he/she works less
      than twenty (20) hours per week.

   b. An hourly-paid employee working in a TRS covered position may work
      up to twenty-nine (29) hours per week during an academic term. The
      employee may not work between academic terms. The employee is
      eligible to return to duty during any subsequent academic term if work
      is available. The prohibition against work between academic terms
      remains in place during future period(s) of active employment.

   c. An hourly-paid employee working in a TRS non-covered position (i.e.,
      non-supervisory custodial, maintenance, food service and security
      positions) may work up to twenty-nine (29) hours per week for an
      indefinite period.

   d. An hourly-paid employee who works sporadically (either full- or part-
      time), but on a reoccurring, as needed, basis during an academic term.

   e. An hourly-paid employee who regularly works between twenty (20) and
      forty (40) hours per week for a period not to exceed nine consecutive
      calendar months. When an employee has reached 9 consecutive
      months of service, inclusive of any break(s) between academic terms,
      the individual must be removed from the payroll and separated from
      employment for a period of at least thirty (30) calendar days before
      becoming eligible for re-employment in a temporary position.

4. Adjunct Faculty Appointment: An individual hired in this capacity may be
   compensated on an hourly or lump sum payment basis. Employees are
   not benefits’ eligible, do not accrue leave, and are not eligible for
   membership in the Teachers Retirement System of Georgia and may not
   become a regular member of the Employees’ Retirement System of
   Georgia. Instead, an employee must participate in the Employees’
   Retirement System’s Georgia Defined Contribution Plan unless he/she is
   otherwise excluded by law.
   Adjunct faculty may work for more than one technical college during an
   academic term. Pay delivery for an adjunct faculty member working for
   more than one technical college is governed by the provisions of State
   Board of Technical and Adult Education Procedure III.U.12. (i.e., Other
   Employment). Adjunct faculty are considered exempt from the Fair Labor
   Standards Act.

5. Federal/College Work Study Student Appointment: Appointments in this
   employment category are governed by applicable Internal Revenue
   Service, Department of Treasury, and Social Security Administration
   guidelines as they pertain to the student FICA exception. An individual
   hired in this capacity is considered a “temporary” employee and must work
   no more than 20 hours per week when enrolled as a student during any
   academic term.

   To have status as a student under these provisions, the employee must be
   pursuing a course of study (i.e., enrolled in and regularly attending classes
   in pursuit of an educational credential) and his/her services (i.e.,
   employment) must be incident to and for the purpose of pursuing the
   course of study. An individual is considered a student if education, not
   employment, is the predominant aspect of the employee’s relationship with
   the college. Student status for the FICA exception is determined each
   academic term.

   This category of employee is not benefits’ eligible and does not accrue
   leave. In addition, these employees are specifically exempted from
   participation in the Georgia Defined Contribution Plan provided the
   appointment is consistent with applicable Internal Revenue Service (IRS)
   student exclusion criteria.

   To ensure compliance with IRS guidelines, the employment status of a
   Federal/College Work Study Student employee referenced above must be
   modified to an hourly paid worker (i.e., Casual Hourly Worker) if any of the
   following conditions are present:

   1. Employment continues during a break between academic terms if the
      break exceeds five (5) weeks in duration;

   2. When the student employee’s course load no longer qualifies him/her
      as at least a half-time student; or,
      3. When the student employee’s work week exceeds 20 or more hours
         when classes are in session.




B. Benefits Eligibility and Leave Accrual:

   1. Regular employees are eligible to participate in the State Health Benefits
      Plan, the Flexible Benefits Plan, and earn leave at rates established in
      State Personnel Board Rule 16. Faculty members whose period of
      employment is nine (9) or ten (10) calendar months in length and whose
      salary is pro-rated over a twelve (12) month period shall not earn leave
      during the months they do not work. They will, however, continue to have
      deductions taken for all benefits’ selections.

   2. Regular, Part-time employees are not eligible to participate in the State
      Health Benefits Plan or the Flexible Benefits Plan. These employees are
      eligible for pro-rated leave accrual based on their hours worked consistent
      with applicable provisions of State Personnel Board Rule 16.

   3. Temporary employees and Adjunct Faculty are not benefits eligible and
      cannot participate in the State Health Benefit Plan or the Flexible Benefits
      Plan. They do not earn leave, but are required to participate in the Georgia
      Defined Contribution Plan as administered by the Employees’ Retirement
      System of Georgia (unless specifically excluded by law) and deductions
      are taken for the Medicare portion of FICA.

   4. Federal/College Work Study Student employees are not benefits eligible
      and cannot participate in the State Health Benefits Plan or the Flexible
      Benefit Plan. They do not earn leave and are not required to participate in
      the Georgia Defined Contribution Plan or have deductions taken for FICA-
      OASDI or FICA-Medicare, provided they meet the standards referenced in
      Paragraph VI.A.5. Unlike Federal Work Study Student employees, College
      Work Study Student employees are subject to deductions for State
      Unemployment tax.

C. Retirement System Membership Eligibility

   1. A Regular employee is eligible, upon appointment, to become a member of
      either the Teachers Retirement System of Georgia (TRS) or, if his/her
      regular work week is at least thirty-five (35) hours in length, the
      Employees’ Retirement System of Georgia (ERS). As referenced in Policy
      III.U.5., an employee’s decision, once made, is irrevocable for the duration
      of his/her employment with the Technical College System of Georgia.
      Faculty members whose period of employment is nine (9) or ten (10)
      calendar months in length and whose salary is pro-rated over a twelve
      (12) month period shall continue to have deductions taken for retirement.

      NOTE: Given the above provision, a TCSG retiree who is receiving
      retirement benefits from TRS or ERS may not be re-employed in a full-
      time capacity working more than thirty-five (35) hours per week and
      become a member of the other retirement system.

   2. A Regular, Part-time employee is eligible, upon appointment, to become a
      member of TRS.

   3. Temporary employees and Adjunct Faculty must, as a condition of
      employment, become members of the Georgia Defined Contribution Plan
      unless otherwise excluded by law.

D. Hiring Restrictions Involving a State of Georgia Retiree

   1. Employees’ Retirement System of Georgia (ERS) Retirees:

      a. A retiree (other than a disability retiree) of the Technical College
         System of Georgia who is receiving retirement benefits from ERS may
         return to employment, but is limited to no more than 1,040 hours of
         work during any calendar year. Retirement benefits will be suspended
         for the remainder of the calendar year if a retiree works more than
         1,040 hours.

          A retiree who retired under Early Retirement provisions (i.e., prior to
          Normal Retirement Age as defined by ERS Rules) is not permitted to
          return to work for two (2) calendar months after his/her retirement. The
          member’s employer must certify that there is no agreement in place
          with the employee prior to his/her retirement date to return to State
          employment. For all other retirees, any return to employment with a
          covered employer cannot take place during the first calendar month
          after retirement.

      b. A retiree from another ERS covered employer may be employed in a
         full-time capacity and is eligible to become a member of TRS provided
         he/she meets established membership requirements and the position
         is designated as a covered position.

   2. Teachers Retirement System of Georgia (TRS) Retirees:

      a. Before returning to work in a TRS covered position, a retiree must have
         a break-in-service of at least one (1) calendar month;
             b. A retiree from another TRS covered employer may return to work with
                the TCSG System Office or a technical college in a full-time capacity
                and elect membership in ERS without jeopardizing his/her retirement
                benefits provided he/she works a minimum of thirty-five (35) hours per
                week. The election must be made within thirty (30) days of beginning
                employment.

             c. A TRS retiree returning to employment in the TCSG System office or a
                technical college in a part-time, hourly paid capacity can work up to the
                maximum number of hours each calendar month as determined by
                TRS.

             d. A TRS retiree returning to employment in the TCSG System Office or a
                technical college in a part-time, salaried position can only receive forty-
                nine percent (49%) of the normal monthly contracted compensation for
                the position held. Additionally, the employment cannot exceed forty-
                nine (49%) percent of the full-time status of the position held.

             e. A TCSG retiree can be employed temporarily in a full-time position for
                no more than three (3) months in a fiscal year and continue to receive
                his/her monthly benefit payments. The full-time position must be paid
                at the normal contracted compensation.

             f. A TRS retiree can be employed as Adjunct Faculty on an unlimited
                basis during an academic term without jeopardizing his/her retirement
                benefits.

VII.   Records Retention

       N/A

				
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