Memo to: All UH-Downtown/PS Holders UH-Downtown/PS 02.A.06
From: Max Castillo, President Issue No.5
   Subject:  Voluntary Modification of Employment Effective Date: 8/9/99

1. PURPOSE
This PS specifies the policy of the University of Houston-Downtown on voluntary modification of employment of faculty.
2. POLICY/PROCEDURES
2.1 Eligibility
All full-time tenured faculty  who have reached the age of 55 and have ten years participation with the Texas Teacher Retirement System or the Texas Optional Retirement System may apply to participate in the voluntary modification of employment program.
2.2 Basic Principles
The following basic principles govern applications for voluntary modification of employment.
2.2.1. The faculty member negotiates first with the department chairman. Then the chair and the appropriate dean confer. Final notification of the administration's acceptance of the proposal to modify employment comes from the President.
2.2.2 Status as a full-time faculty member is relinquished, including tenure rights.
2.2.3 Full-time equivalent workload and assignment, which may include teaching and other activities, are negotiated on an individual basis but may not exceed forty-nine percent (49%) full-time employment for the academic year or if it exceeds 49%, employment is only for one semester. . The negotiated agreement must be in writing and signed by the faculty member and the President.
2.2.4 Compensation to the faculty member will reflect the negotiated full-time equivalent status applied to the annual (nine-month) salary prior to employment modification. In subsequent years, the salary shall be incremented by an amount not less than that corresponding to any state-mandated pay increments for all employees. The faculty member may agree to reduced compensation to avoid social security payment penalties. At the option of the faculty member, the salary will be paid in nine or twelve monthly installments.
2.2.5 Participation in the Teacher Retirement or Optional Retirement programs, TDA, deferred compensation, or the Tex Flex Spending Accounts program is not available; however, the faculty member is entitled to all the amenities which the University affords its full-time faculty, including continued participation in group insurance plans in accordance with existing University of Houston System guidelines for retirees. All benefits under University leave policies cease as of the month of modification and all sick leave accumulation is forfeited.
2.2.6 A faculty member’s eligibility to draw retirement benefits from TRS or an ORP contract and eligibility for membership in TRS or ORP are governed by the laws and rules governing eligibility in those organizations.
2.2.7 If the faculty member becomes physically or mentally unable to continue the reduced workload, the University continues to pay the faculty member’s salary until the end of the academic year. After that, the obligation of the University under this policy is terminated. Because the judgment of physical and mental inability to continue the reduced workload is similar to dismissal for cause, the faculty member has the same rights as members of the tenured faculty under PS 10.A.06.
2.3 Duration
A negotiated agreement for employment modification shall be for a period of time not to exceed five years, and may be renewable by mutual agreement. Full-time equivalent workload and assignment are negotiated on an annual basis. Compensation is modified as appropriate under section 2.2.4.

2.4 Review
Human Resources should review all agreements reached under this policy prior to final execution by the University and the faculty member. A copy of the signed agreement should be provided to Human Resources for placement in the faculty member’s file.

3. REVIEW AND RESPONSIBILITIES
Responsible Party (Reviewer): Vice President for Academic Affairs and Provost
Review: As needed
Signed original on file in the Human Resource Department

Policy History
Issue # 1: 8/15/85
Issue # 2: 6/11/86
Issue #3: 5/1/88
Issue #4: 6/21/89

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