19.1 Pursuant to the authorization in and requirements and limitations of Section 87483, Education Code, State of California, the Board of Trustees of the North Orange County Community College District establishes the regulations noted below to allow a qualified Unit Member to reduce his or her workload from full-time to part-time and receive the service credit the Unit Member would have received if the Unit Member had been employed on a full-time basis, pursuant to Section 22713 of said Code.
19.1.1 The option to participate in the reduced workload program shall be exercised at the request of the Unit Member, and except as provided in section 19.4.2 of this Article, may be revoked or amended only with the mutual consent of the District and the Unit Member.
19.1.2 The reduced workload must be equal to at least one-half (50%) of the time the District requires for full-time employment pursuant to the Unit Member’s contract of employment during his or her last academic year of full-time employment preceding the reduction in workload.
19.1.3 The period of participation in the reduced workload program shall not exceed ten (10) years.
19.1.4 For each academic year of participation in the reduced workload program, the Unit Member shall be paid a salary which is the pro rata share of the salary the Unit Member would be earning had he or she not elected to exercise the option of part-time employment. The Unit Member shall retain all other rights and benefits for which the Unit Member makes the payments that would be required if he or she remained in full-time employment. The Unit Member shall receive health benefits and the optional fringe benefit allowance in the same manner as a full-time employee.
19.1.5 In order to qualify for a full year of service credit, for each academic year of participation in the reduced workload program, the Unit Member and the District shall make contributions to the retirement system in the amount that the Unit Member and the District would have contributed had the Unit Member performed creditable service on a full-time basis.
19.2 ELIBIBILITY TO PARTICIPATE IN REDUCED WORKLOAD PROGRAM
A request to participate in the reduced workload program will be granted if the Unit Member meets the eligibility requirements noted herein as otherwise provided by law, subject to verification and approval by the retirement system and any limitations as provided in this Article:
19.2.1 The Unit Member must NOT be classified as an administrator at the time the request for participation in the reduced workload program is submitted; it being understood that such classification is applicable to each individual who is paid in accordance with the provisions of any salary schedule designated as applicable to administrators and/or administrative positions.
19.2.2 The Unit Member must have reached the age of fifty-five (55) years prior to the first duty day on which the reduction in workload is effective.
19.2.3 The Unit Member must have been employed in the District in an academic position on a full-time basis to perform creditable service subject to coverage under the Defined Benefit Program and have a minimum of ten (10) years of credited service, including five (5) years of credited service for full-time employment immediately preceding the reduction in workload.
19.2.4 The Unit Member may not have had a break in service during the five years immediately preceding the reduction in workload. Sabbaticals, other approved leaves of absence, including unpaid absences from the performance of creditable service for personal reasons, do not constitute a break in service.
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19.3 REQUEST FOR PARTICIPATION IN THE REDUCED WORKLOAD PROGRAM
19.3.1 The Unit Member must submit to the Vice Chancellor of Human Resources or designee a written request to participate in the reduced workload program. The request must be submitted not later than April 1st of the academic year prior to the academic year for which the reduced workload is to be effective, unless, in the judgment of the District, circumstances of unusual and/or emergency nature exist(ed) that precluded a timely request, and the granting of the late request will not be contrary to the best interests of the District.
19.3.2 The Unit Member’s request shall contain a statement as to the date the Unit Member elects to have the part-time status be effective, it being understood that such effective date shall be the first duty day of the fall semester in the academic year following the academic year in which the Unit Member qualifies with respect to the eligibility criteria for participation in the reduced workload program as provided in section 19.2.
19.3.3 The Unit Member’s request shall contain a statement as to the percentage of a full-time position that the Unit Member elects to retain while in the reduced workload program; it being understood that the minimum part-time employment that the Unit Member may elect shall be the equivalent of one-half of the number of days of service required by the Unit Member’s contract of employment during his/her final year of service in a full-time position; and it being understood that the percentage requested must be one that is achievable in terms of teaching unit equivalents and/or service load when expressed in terms of equivalent duty days; and it being understood that such election, when and as implemented by a contract, cannot be changed except by mutual consent of the Unit Member and the District.
19.3.4 The Unit Member’s request shall contain a statement as to the Unit Member’s preference for assignment within the duty day calendar for the academic year that will meet the annual reduced workload requirement.
19.3.4.1 Option 1: assignments of approximately equal percentage in each semester;
19.3.4.2 Option 2: one hundred percent (100%) assignment in the fall semester, with no assignment in the spring semester;
19.3.4.3 Option 3: no assignment in the fall semester, with a one hundred percent (100%) assignment in the spring semester.
19.3.5 The part-time equivalent annual reduced workload assignment will be accomplished by approximately equal part-time assignments in each semester of each academic year unless, in the judgment of the District, the best interests of the District are served by a one-semester assignment. Whichever assignment pattern is implemented shall not be changed except by mutual consent of the Unit Member and the District.
19.4 TERMS AND CONDITIONS
19.4.1 The terms and conditions of the part-time employment of a Unit Member who has applied for and has been granted participation in the reduced workload program shall be stated in a contract between the Unit Member and the District. The contract shall include, but not be limited to, the items specified below:
19.4.1.1 The effective date of the change to part-time status.
19.4.1.2 The percentage of part-time employment, which shall be as nearly as practical to that requested by the Unit Member.
19.4.1.3 The method of computing the number of required equivalent duty days in each semester.
19.4.1.4 The method of computing the yearly salary to be paid, which salary shall be the pro rata share of the salary that the individual would earn had he/she not elected to exercise the option of part-time employment.
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19.4.1.5 A statement that the Unit Member retains, subject to any legal limitations, all rights, other than to full salary, for which he/she makes the payments that would be required if he/she was in full-time employment, including but not limited to the retirement credit provided pursuant to the provisions of Section 22713, Education Code, State of California.
19.4.1.6 A statement as to the ending date of the benefits provided pursuant to the provisions of Section 22713, Education Code, State of California.
19.4.1.7 A statement that the Unit Member shall receive health benefits as provided in Section 53201 of the Government Code, State of California, in the same manner as a full-time Unit Member.
19.4.2 Option to Return to Full-Time Status
19.4.2.1 In the first academic year of participation in the reduced workload program, a Unit Member who has not previously participated in the program shall have the option to terminate participation in the reduced workload program at the end of the academic year and return to full-time status in the subsequent academic year.
19.4.2.2 The option to return to full-time status shall be exercised at the request of the Unit Member.
The request must be submitted in writing to the Vice Chancellor of Human Resources or designee not later than April 1st of the first academic year of participation in the reduced workload program. If the Unit Member does not submit a timely request for return to full-time status as provided herein, the Unit Member shall remain in the reduced workload program as assigned and thereafter the Unit Member’s participation in the program shall not be changed except by mutual agreement of the Unit Member and the District.
19.4.2.3 A Unit Member who exercises the option to terminate participation in the reduced workload program and return to full-time status shall not be eligible to request participation in the reduced workload program again for a period of two academic years after the Unit Member returns to full-time status. If the Unit Member subsequently applies for and is granted participation in the reduced workload program, the provisions of section 19.4.2 et seq. shall not apply and participation in the reduced workload program may be revoked or amended only by mutual agreement of the Unit Member and the District.
19.4.3 Provisions Relating to One-Semester Assignment
19.4.3.1 Where a Unit Member has requested a reduced workload that is fifty (50) percent of a full-time assignment and the Unit Member and the District mutually agree that the Unit Member may meet the annual reduced workload requirement by assignment only in the spring semester, with no assignment in the fall semester, the Unit Member shall furnish the District with an acceptable bond indemnifying the District against loss in the event the Unit Member fails to return and render the required service for the spring semester.
19.4.3.1.1 The Unit Member shall furnish a bond for each year of participation in the reduced workload program, in an amount equal to the salary and benefits payable to the Unit Member during the fall semester of that year.
19.4.3.1.2 A bond shall be submitted to the District Office of Human Resources not later than June 30th of the academic year prior to the academic year in which participation in the reduced workload program is to become effective, and thereafter, not later than June 30th of each subsequent year of participation in the program.
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19.4.3.1.3 If the Unit Member fails to furnish any bond as provided herein, the Unit Member shall be immediately returned to full-time status and shall not be eligible to request participation in the reduced workload program again for a period of two academic years after the Unit Member returns to full-time status. If the Unit Member subsequently applies for and is granted participation in the reduced workload program, the provisions of section 19.4.2 et seq. shall not apply and participation in the reduced workload program may be revoked or amended only by mutual agreement of the Unit Member and the District.
19.4.3.1.4 In the event the Unit Member fails to return and render the required service for the spring semester, the Unit Member shall be returned to full-time status effective with the subsequent academic year and shall not be further eligible to request participation in the reduced workload program.
19.4.3.2 Where a Unit Member has accumulated load banked assignments equivalent to the minimum regular contract workload for one (1) semester, as provided in Article 23 of this Agreement, the Unit Member may pledge the load banked assignments in lieu of furnishing a bond.
19.4.3.2.1 In the event the Unit Member fails to return and render the required service for the spring semester, the Unit Member shall be placed on load banking leave for that semester.
19.4.3.2.2 At the conclusion of the spring semester, the Unit Member shall be returned to full-time status and shall not be further eligible to request participation in the reduced workload program.
69 ARTICLE 20 SALARY PROVISIONS