3.36 Faculty Retirement Transition Program

The Scripps College Faculty Retirement Transition Program (the “Program”) is available to any tenured faculty member after completing twenty (20) years of service on the College’s faculty. The Program is designed to provide an opportunity for faculty members approaching retirement to establish their retirement date, transition toward retirement with limited responsibilities, and receive compensation during the transition period. The Program is subject to the following terms and conditions:

1. Definitions:
   1. Eligible Faculty Member. A tenured member of the faculty who has completed twenty (20) years of service on the Scripps College faculty. In order to be eligible, such service is not required to be continuous.
   2. Request to Participate. The written request of an Eligible Faculty Member submitted to the Dean of Faculty in the form attached hereto as Appendix I.
   3. Retirement Date. The last day of the final academic year of the Transition Period as set forth in the Retirement Transition Agreement.
   4. Retirement Transition Agreement. The agreement between the Eligible Faculty Member and the College once executed by both the Eligible Faculty Member and the President. The form of Retirement Transition Agreement is attached hereto as Appendix II.
   5. Retired Faculty Member. A Transitioning Faculty Member who has completed the Transition Period.
   6. Transition Date. The first day of the first academic year of the Transition Period.
   7. Transition Period. A period consisting of no more than the two (2) academic years immediately prior to the Retirement Date.
   8. Transitioning Faculty Member. An Eligible Faculty Member who has commenced the Transition Period.
2. Request to Participate in the Program. In order to participate in the Program, an Eligible Faculty Member must submit a written Request to Participate to the Dean of the Faculty in accordance with the time requirements set forth below. The Dean of Faculty shall have discretion, based upon the number of requests received and curriculum needs, to approve or defer an Eligible Faculty Member’s Request to Participate. After the Dean of Faculty has approved an Eligible Faculty Member’s Request to Participate, the Eligible Faculty Member must execute and submit a Retirement Transition Agreement to the Dean of Faculty within the time requirements set forth below.
   1. Program Participation Timeline.
      1. Request to Participate Submission. Within two (2) weeks after the beginning of the spring semester in the second academic year before the Eligible Faculty Member’s Transition Date.
      2. Notification of Approval or Deferral. Within four (4) weeks after the deadline set forth in subsection 1 above, the Dean of Faculty shall notify each Eligible Faculty Member who submitted a Request to Participate whether such Eligible Faculty Member’s Request to Participate has been approved or deferred. Concurrently with such notification, the Dean of Faculty shall deliver a Retirement Transition Agreement to each Eligible Faculty Member whose Request to Participate has been approved. If an Eligible Faculty Member’s Request to Participate is deferred, such Eligible Faculty Member’s Request to Participate shall be deemed submitted for the following cycle unless such Eligible Faculty Member notifies the Dean of Faculty in writing of a desire to withdraw the Request for Participation.
      3. Retirement Transition Agreement. Within three (3) weeks after the deadline set forth in subsection 2 above, each Eligible Faculty Member whose Request to Participate has been approved must submit to the Dean of Faculty an executed Retirement Transition Agreement. Failure to deliver an executed Retirement Transition Agreement by the deadline will constitute a withdrawal of the Eligible Faculty Member’s Request to Participate.
   2. Publication of Request to Participate Timeline. In the fall semester of each academic year, the Dean of Faculty’s office shall publish to all faculty members the Request to Participate timeline for the upcoming Program cycle.
3. The Transition Period.
   1. Salary. During the Transition Period, the College shall pay a Transitioning Faculty Member a salary equal to fifty percent (50%) of his/her salary in effect on the last day of the academic year immediately preceding the Transition Date (“Transition Salary”).
   2. Benefits. During the Transition Period, a Transitioning Faculty Member shall continue to be eligible to participate in all benefit plans available to full-time College faculty members, including but not limited to College contributions to TIAA-CREF based upon the Transition Salary, participation in the College’s insurance plans, and participation in the College’s tuition remission plan.
   3. Service Requests. During the Transition Period, the Transitioning Faculty Member shall remain available for service requests by the Dean of Faculty, provided however, that the Transitioning Faculty Member shall not be expected to take on any service on regular continuing committees, as a student advisor, or as a senior thesis reader during the Transition Period.
   4. Mail, Email and Website. During the Transition Period, the Transitioning Faculty Member shall continue to have access to the College’s mail services, email system, and appear on the College’s website. After the Retirement Date, the Retired Faculty Member will continue to have access to the College’s email system on the same terms as all emeriti faculty, but shall no longer have regular mail access, space in the College’s mail service, or website space.
   5. Office. Prior to the Transition Date, the Transitioning Faculty Member shall vacate his/her office for the remainder of the Transition Period.
   6. Research and Travel Funds. During the Transition Period, a Transitioning Faculty Member will not be eligible to receive College appropriated research or faculty conference travel funds.
   7. Teaching. The Transitioning Faculty Member shall not teach Scripps College courses during the Transition Period unless mutually agreed between the College and the Transitioning Faculty Member in a separate written agreement.
4. Service Credit. The Dean of Faculty may, in his/her discretion, grant years of credit toward the twenty (20) year service requirement with respect to any faculty member hired by the College after serving as a tenured faculty member at any four-year college or university.

Appendix I

REQUEST TO PARTICIPATE FORM

To: Dean of Faculty

From: Professor ____________

Re: Faculty Retirement Transition Program

Pursuant to Section 2(a)(1) of the Scripps College Faculty Retirement Transition Program (the “Program”), I hereby request to participate in the Program for a [one or two] year Transition Period commencing July 1, 20__.

I understand that if my Request to Participate is approved failure to deliver an executed Retirement Transition Agreement to the Dean of Faculty within the timeline set forth section 2(a)(3) of the Program shall constitute a withdrawal of this Request to Participate.

Dated: ________            Signature: ________________________

Appendix II

RETIRMENT TRANSITION AGREEMENT FORM

This Retirement and Transition Agreement (this “Agreement”), is entered into as of ________, 20__, (“Effective Date”), by and between Professor (“Professor “) and Scripps College (the “College”). In consideration of the covenants undertaken and contained in this Agreement, Professor and Scripps College agree as follows:

1. Retirement and Transition. On June 30, 20__(the “Retirement Date”), Professor ____________ shall retire from [his/her] position as Professor  of ____________ at the College. Professor ____________ hereby resigns [his/her] tenure at the College effective on July 1, 20 (the “Transition Date”) and [his/her] employment with the College on the Retirement Date. On the Transition Date, Professor ____________shall commence a Transition Period consisting of [one (1) academic year or two (2) academic years] under the College’s Faculty Retirement Transition Program. The College hereby accepts the resignation of tenure and the resignation of employment. From the Effective Date through Transition Date, Professor ____________ shall continue to perform [his/her] regular teaching, scholarship, and service duties as a full-time member of the College’s faculty and shall continue to receive salary and benefits as a full-time faculty member. From the Transition Date through the Retirement Date (the “Transition Period”), this Agreement shall set forth the obligations of Professor ____________ and the College.
   1. Salary. During the Transition Period, the College shall pay Professor ____________ a salary equal to fifty percent (50%) of [his/her] salary in effect on the last day of the academic year immediately preceding the Transition Date (“Transition Salary”).
   2. Benefits. During the Transition Period, Professor ____________ shall continue to be eligible to participate in all benefit plans available to full- time College faculty members, including but not limited to College contributions to TIAA-CREF based upon the Transition Salary, participation in the College’s insurance plans, and participation in the College’s tuition remission plan.
   3. Service Requests. During the Transition period, Professor ____________ shall remain available for service requests by the Dean of Faculty, provided however, that Professor ____________ shall not be expected to take on any service on regular continuing committees, as a student advisor, or as a senior thesis reader during the Transition Period.
   4. Mail, Email and Website. During the Transition Period, Professor ____________ shall continue to have access to the College’s mail services, email system, and appear on the College’s website. After the Retirement Date, Professor ____________ shall continue to have access to the College’s email system on the same terms as all emeriti faculty, but shall no longer have regular mail access, space in the College’s mail service, or website space.
   5. Office. Prior to the commencement of the Transition Period, Professor ____________ shall vacate [his/her] office.
   6. Research and Travel Funds. During the Transition Period, Professor ____________ will not be eligible to receive College appropriated research or faculty conference travel funds.
   7. Teaching. During the Transition Period, Professor ____________ shall not teach courses at the College unless mutually agreed between the College and Professor in a separate written agreement.
2. Termination of Relationship. At the conclusion of the Transition Period, Professor ‘s ____________ employment with the College shall terminate and the College shall have no further obligation to Professor ____________ other than with respect to any vested rights Professor may have under the College’s employee benefit plans, which rights shall be governed by the applicable plan documents.
3. Severability. If any provision of this Agreement or its application is held invalid, the invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application and, therefore, the provisions of this Agreement are declared to be severable.
4. Integration Clause. This instrument constitutes and contains the entire agreement and understanding concerning Professor ____________’s employment with Scripps College and the other matters addressed. The parties intend it as a complete and exclusive statement of the terms of their agreement. It supersedes and replaces all prior negotiations and agreements, proposed or otherwise, whether written or oral, between the parties concerning the subject matters. This is a fully integrated document. This Agreement may be modified only with a written instrument executed by both parties.
5. Waiver. No waiver of any breach of any term or provision of this Agreement shall be construed to be, or shall be, a waiver of any other breach of this Agreement. No waiver shall be binding unless in writing and signed by the party waiving the breach.
6. Counterparts. This Agreement may be executed in counterparts, and each counterpart, when executed, shall have the efficacy of a signed original. Photographic and facsimile copies of such signed counterparts may be used in lieu of the originals for any purpose.

The undersigned have read and understand the consequences of this Agreement and voluntarily sign it.

EXECUTED this __ day of________, 20__, at Los Angeles County, California.
Professor ____________

EXECUTED this __ day of________, 20__, at Los Angeles County, California.
Scripps College ____________

By: ________________________

Its: ________________________