3.26 / Phased Retirement

Phased Retirement Privilege

Eligible Employees may request, and, upon approval, enter Phased Retirement consistent with Kansas Board of Regents policy, state law, and the terms set forth in this policy. Phased Retirement is an employment privilege and is not guaranteed. Consistent with Board of Regents policies and guidelines, the University must ensure that a Phased Retirement Agreement serves the best interests of the University.

Eligible Employees

An Employee shall be eligible for Phased Retirement if the Employee meets the following conditions at the time of entry into the Phased Retirement if the Employee:

1. Is an unclassified Employee;
2. Is at least 55 years of age;
3. Has at least ten years of full-time service with a Kansas Board of Regents Institution (may be consecutive or non-consecutive); and
4. Participates in the Board of Regents Mandatory Retirement Plan.

Request and Approval of Phased Retirement.

Eligible Employees may request to enter into a Phased Retirement Agreement pursuant to the procedures set forth in this policy. The Eligible Employee's designated Leader and Senior Leadership shall determine whether or not entry into the requested Phased Retirement Agreement is in the best interest of the University. If so, the terms of the Phased Retirement Agreement shall be made by the applicable Leader and submitted for approval to the President, or his or her designee. The President, or his or her or designee, makes the final decision with regard to all Phased Retirement requests. The decision of the President is final and is not subject to appeal.

Phased Retirement Conditions

1. During Phased Retirement Employee must:

   1. Enter into a Phased Retirement Agreement with the University that sets forth the conditions of the Phased Retirement;
   2. Accept a Reduced Appointment; and
   3. Accept a reduction in salary that is proportionate to the pay the Employee would have been entitled to receive based on the Employee's percentage appointment immediately preceding entry into Phased Retirement.

2. During Phased Retirement the University shall:

   1. Continue full-time healthcare benefits;
   2. Provide all pay and benefits to Employee as set forth in K.S.A. 76-746 and K.A.R. 88-12-1 through 8; and
   3. Ensure Employee receives mandated salary increases. Mandatory salary increases shall be calculated based upon the Reduced Appointment salary.

Length of Phased Retirement

1. The length of the Phased Retirement is at the discretion of the University and will be determined based on a balancing of the needs of the Employee and the University.
2. In no event shall an Employee be on Phased Retirement for longer than five (5) years.

Phased Retirement Agreement

Each Phased Retirement Agreement shall contain, at a minimum, the following statements or provisions:

1. The Agreement is irrevocable, except that the Agreement may be rescinded within 48 hours of signature only at the option of the Eligible Employee;
2. The duration of the Agreement, which shall not exceed five years, and the date of full retirement;
3. Full retirement shall occur not later than the end of the Agreement;
4. The Agreement may not be extended beyond the date of full retirement;
5. Retirement from the University under the Agreement shall not preclude post-retirement term appointments;
6. The fractional time appointment to be served;
7. The initial salary to be paid for the fractional time appointment; and
8. The full-time benefits to be enjoyed by the unclassified Employee.

Modification and Revocation of Agreement

1. A Phased Retirement Agreement may be modified, by mutual consent between the University and the Participant, by further reducing the FTE prior to the specified date of retirement or by permitting the Participant to take full retirement at an earlier date. All Agreement modifications or amendments must be processed through the Office of General Counsel.
2. Pursuant to state law, a Phased Retirement Agreement cannot be revoked by either party after it has been fully executed, except that the Phased Retirement Agreement may be rescinded within 48 hours of signature at the option of the Employee.

Return to Work Following Retirement

A Participant is not precluded under this policy from returning to employment with the University following full retirement and expiration of the Phased Retirement Agreement. Participants may, however, be restricted by other state or federal laws, including return-to-work restrictions set forth under the Kansas Public Employees Retirement System and the Kansas Board of Regents voluntary retirement plan. Nothing in this paragraph shall be construed as providing a right to employment or re-hire and Participants may be required to go through the same new hire application and selection process. Participants who return to work at the University shall not retain any tenure or seniority rights or designations.

For the purpose of this policy only, the following definitions shall apply:

1. Eligible Employee: An Employee who meets the eligibility criteria to enter into a Phased Retirement Agreement set forth in this policy.
2. Employee: An individual who provides services to the University on a regular and full-time basis in exchange for compensation and receives a W-2 for such services. This does not include temporary or part-time Employees.
3. Human Resources: This includes the Office of Human Resources and Human Resources for the Division of Industry and Defense Programs, as applicable.
4. Leader: Individuals at the University who have Employees reporting to them or are Department Chairs/Directors.
5. Participant: The Eligible Employee who has entered into a Phased Retirement Agreement with the University.
6. Phased Retirement Agreement (or Agreement): An irrevocable written agreement between the University and a Participant that meets the criteria set forth in this policy, state law, and KBOR policies.
7. Reduced Appointment: A position that is less than full-time (1.0) but at least one-fourth time (0.25).
8. Senior Leadership: Includes individuals at the University who have Employees reporting to them, are in a position at the Director/Department Chair level and above and are in the chain of command of the Employee.
9. Unit. As applicable, the Employee's Department, Division, Center or Office.

1. An Eligible Employee, after preliminary discussions with their Leader, must apply for Phased Retirement by first submitting a Phased Retirement Request Form to Human Resources as identified on the form. The Phased Retirement Request Form is available on the HR website under the forms index "P". Human Resources shall provide assistance as needed in the Phased Retirement approval process.
2. Human Resources shall review the Employee's application to ensure the Employee meets the eligibility criteria. If the Employee does not meet the eligibility criteria, Human Resources will inform the Employee. If the Employee meets the eligibility criteria, Human Resources shall email the Form to the Leader for further review and completion.
3. The Leader shall assess the benefits and impact of the Employee's proposed Phased Retirement. In determining if the Phased Retirement is in the best interest of the University, the Leader shall consider, at a minimum, the Unit's ability to allocate the Participant's reduced FTE responsibilities to existing Employees during the Participant's Phased Retirement. The Leader shall also ensure the phased retirement responsibilities are accurately listed on the Form.
4. After the Leader completes the review, the Leader may approve or deny the Request. If approved, the Request shall be submitted through the Employee's chain of command (Senior Leadership) through the divisional Vice President for review and approval.
5. If the Request is approved by the divisional Vice President, the request shall be submitted for final review and approval by the President.
6. The Employee shall be notified if the request is denied at any level.
7. If approved, the President's Office, or their designee, will submit the approved Phased Retirement request to the Office of General Counsel to develop the Phased Retirement Agreement between the Participant and the University.
8. The Office of General Counsel will prepare the Phased Retirement Agreement and will work with the Employee and appropriate Leader(s) to ensure the terms of the Phased Retirement Agreement align with the intent of the parties.
9. The Phased Retirement Agreement must be executed by the Employee and the President, or his or her designee, for the Employee's Phased Retirement to be effective.
10. The Unit will be responsible for submitting any applicable paperwork to Human Resources in order to process the executed Phased Retirement Agreement and during the term of the Phased Retirement Agreement if there are changes in the Reduced Appointment.
11. The final original executed Phased Retirement Agreement, as well as any modifications, must be sent to Human Resources to be retained in the Employee's personnel file, with copies sent to the Employee, the Office of General Counsel, and the Office of the Provost.