31.07.01.R1 Early Retirement With Modified Service (ER/MS) for Faculty Rule

Effective: August 1, 1997

Supplements System Policy: System Policy 31.07

Supplements System Regulation: 37.07.01

1. Declaration: This rule is the official position of the university relating to early retirement with modified service (ER/MS) of full-time, tenured faculty members.

2. Eligibility: All full-time, tenured faculty members who are otherwise qualified under The Texas A&M University System Policy 31.07 and A&M System Regulation 31.07.01 may modify employment under the terms of this rule upon written agreement of the president or his designee.

3. Basic Agreement: In order to participate in the program, the faculty member will relinquish his or her full-time faculty status (including tenure rights) no later than the member's date of retirement under the Teacher Retirement System (TRS) or an Optional Retirement Program (ORP) or the end of the academic year in which notice of the election of participation is given, whichever is earlier. Commencing with the academic year following the required notice of election to participate in this program, the university will agree to employ the faculty member, approved for ER/MS, for a term of up to five (5) years at thirty percent (30%) of his/her annual salary (as defined in paragraph four), to teach at least two courses during the nine-month academic year.

At the expiration of any agreement made pursuant to this rule, additional agreements may be made for an agreed term of years or on a year to year basis. The faculty member is eligible to teach courses as an adjunct.

4. Compensation: For such reduced work load, the university will pay the participant compensation to be determined as follows:

a. The ER/MS faculty member will receive in each academic year a salary equal to thirty percent (30%) of the nine-month salary which he/she was earning during the academic year immediately prior to beginning participation in this program or thirty percent (30%) of the average of his/her three best nine month salaries, whichever is greater (unless lesser remuneration is mutually agreed upon for a work load with less than the normal assignment described in paragraph five).

b. Beginning with the academic year following the participant's eligibility to receive full social security benefits and continuing until the end of the term of the contract, the participant shall be required to teach a minimum of one-course per nine-month academic year and will receive one-eighth (1/8) of the nine month salary which he/she was earning during the academic year immediately prior to beginning participation in this program or one eighth (1/8) of the average of his/her three best nine month salaries, whichever is greater, unless this amount exceeds that allowable under social security, in which case the salary will be reduced to the amount allowable under social security; except the faculty member will be entitled to the greater of one-eighth (1/8) of his/her annual salary (as defined above) or $4,880.00 annually.

5. Work Load: Throughout the term of the contract, the work load assumed by a participant will normally consist of a teaching assignment of less than half-time for each semester in the nine-month academic year. Unless agreed otherwise, this teaching assignment will consist of one course per semester. In addition, the faculty member will be expected to share in other departmental duties (advisement, committee work, etc.), but the total work load will not exceed one-half of that assigned to full-time faculty members during the semester of the year in which the faculty member is employed. Such teaching assignment will be at a time mutually agreed upon and within an area of the participant's primary area of specialization. If such teaching assignment is unavailable for any reason, the participant may be assigned a teaching assignment within his or her competency or, by mutual agreement with the university, engage in other activities on behalf of the university which are deemed equivalent to such teaching assignment. Employment to teach only one accelerated or mini-course per semester will be considered employment at less than one-half of the semester full-time work load, provided the number of semester hours for the course is less than one-half of the number of semester hours which is considered a full-time work load for the semester at that teaching level. Teaching assignments will not be made during the summer unless mutually agreed upon. The faculty member on ER/MS will be subject to the same control regarding scheduling classes as any regular faculty member, i.e., the department head will schedule the classes of a faculty member on ER/MS to meet the needs of the department, while giving some attention to the wishes of the faculty member on ER/MS.

References: Prior ETSU Policies II N 9.1 and D-36 approved February 16, 1988; revised October 13, 1989, July 26, 1990, and January 21, 1997.