OHRM News Briefs
1-07-09
Amendments to Section 211 Law
Retirees of most public agencies who are under the age of 65, and are hired or re-hired by a public agency, cannot earn more than $30,000 in a calendar year and continue to receive pension payments/distributions unless they are granted a waiver. This is a requirement under New York State Retirement and Social Security Law (Article 7, Sections 210 - 212). Section 211 of this law was recently amended and covers the waiver requirements.In order to receive a waiver:
- Retiree must meet the minimum stated requirements for the position.
- Retiree cannot be employed in a similar or same position for a period of one year following retirement.
- The agency must have a detailed plan to fill the position on a permanent basis.
- The hiring agency must have an urgent need to fill the position on a non-permanent basis as a result of an unplanned and unexpected vacancy where sufficient time is not available to recruit a qualified individual; or have undertaken extensive recruitment efforts and found that no non-retiree was qualified and available to take the position. In the latter case, the search must include advertising in at least two sources.
- The hiring agency must attest that employment of the retiree is in the best interests of the government service.
The major changes in the law prohibit The University from employing retirees in a similar or same position for a period of one year after retirement. In addition, The University must have a detailed plan to fill the position on a permanent basis.
For questions relating to the changes in University policy and process for 211 waivers, contact Raj Singh at 212-794-5345.
1-07-09
New CUNY Conflict of Interest Policy
At its meeting on June 23, 2008, the University's Board of Trustees approved a new Conflict of Interest Policy, which took effect on July 1st. The policy requires that all University activities be conducted in accordance with the highest standards of integrity and ethics, and establishes general standards for conducting the University's business and rules regarding hiring, employment, and supervision of family members, as well as contracting decisions involving family members. These rules apply to any individual who is now, or at any subsequent time becomes, a full- or part-time employee or a post-doctoral associate at the University, or a student engaged in faculty-directed research at the University other than as part of his or her course work. The policy also sets forth specific obligations of covered individuals involved in research or similar educational activities.
Covered individuals should read the full policy. They are also encouraged to consult the advisory opinions of the NYS Commission on Public Integrity, and to call the Office of CUNY's General Counsel with questions regarding the applicability or interpretation of the policy.
1-07-09
Revised Intra-University Mobility Guidelines
For thirty years, the University has had guidelines governing the hiring of employees of one college by another college within the University. The revised guidelines that were promulgated in July were the product of the most comprehensive review in 24 years.
One of the key features that has been retained in the guidelines is the requirement that the hiring college notify the college at which the employee works before a formal offer is made to the employee. This notice applies to employees in the classified staff and in the instructional staff, including the members of the Executive Compensation Plan.
A new feature in the guidelines is the opportunity to offer an instructional staff member or a member of the classified managerial pay plan an increase of up to 10% above his/her current salary, if the offer is to perform functions in the same job title similar to those the employee is currently performing. Under special circumstances, an offer of an additional 10% above the current salary may be made with the prior approval of the Vice Chancellor of the Office of Human Resources Management. If the offer is to a higher title, the salary is based upon market considerations, including salary comparisons both within and outside of the University, the employee's present salary, and the college's budgetary capability. The salaries of classified staff employees, other than those in the Classified Managerial Pay Plan, are governed by Civil Service Rules and the collective bargaining agreement. Salaries of members of the Executive Compensation Plan are governed by the terms of the Executive Compensation Salary Plan.
The goal of the guidelines is to recognize an employee's aspirations to career advancement in a context that minimizes disruption within the University.
1-07-09
Revised Terms and Conditions of Employment for Executive Compensation Plan
The Terms and Conditions of Employment for Staff in the Executive Compensation Plan, (hereinafter the "ECP Terms and Conditions") recently received its first thorough review and revision since its issuance in January 1987. The new document of the same name, dated November 12, 2008, has been distributed to each ECP member and appears on the Faculty & Staff page of the CUNY website.
Many of the provisions in the revised ECP Terms and Conditions are restatements of the old, but there are some significant changes:
The ability to revert to an underlying tenured title in order to take a fellowship leave is eliminated, but discretionary study leaves are now applicable to all ECP titles.
Members appointed to the ECP on or after January 1, 2009, with no CUNY service immediately preceding the appointment, will not accumulate additional annual leave after reaching the cap of 50 days.
Although not available this year, in years when the University's finances permit, the Chancellor may authorize ECP members who meet certain criteria to exchange up to five days of annual leave for a cash payment, and
The severance benefit for involuntary separation from the ECP will henceforth be calculated on the basis of months of service rather than years of service.
In addition, applicable terms and conditions have been consolidated and explained more fully, providing important information to ECP members in a readily accessible format. The complete document, appendices and Summary of Benefits for the Executive Compensation Plan.
1-07-09
New Work/Life Program for CUNY Employees
On November 1, 2008, the University rolled out an important new benefit for all of its employees and their families: the CUNY Work/Life Program.
This voluntary, free and confidential program is intended to help employees balance the demands of their professional and personal lives. Traditional counseling is available for stress, family problems and substance abuse, and there many other services such as referrals for child care and elder care - even pet care!
Some of the areas that the Program covers include:
Emotional Well-Being ̶ Assistance and counseling for employees and their family members who are experiencing high stress levels, anxiety and depression.
Marriage/Family/Relationship ̶ Individuals experiencing marital difficulties, divorce, family conflict or relationship issues can speak to a counselor who can help with couples counseling or family therapy.
Alcoholism & Chemical Dependency ̶ Clinical intervention and confidential assistance for individuals abusing alcohol and/or prescription or illegal drugs.
Child Care ̶ Child care specialists will provide resources to assist employees and their family members with any issue involving children, such as prenatal care, adoption, nanny/daycare agencies, parenting, child development, etc.
Adult Care ̶ Resources and counseling in every area of adult care or elder care, including nursing homes/assisted living facilities, home care agencies, hospice care, Medicaid/ Medicare, transportation, meal delivery, etc.
Academic ̶ A wide range of resources are available to assist employees in locating all levels of academic institutions, from pre-school through college and continuing education.
Workplace Challenges ̶ Help and counseling for work-related interpersonal problems (excluding direct intervention in the manager-employee relationship).
Health & Wellness ̶ Counseling, information, referrals and support for individuals with physical health issues.
Financial and Legal ̶ Information and resources to assist employees and their family members with debt management, budgeting, divorce and family law, landlord and tenant law, recording wills and estate planning, and more.
The University offers the Work/Life Program through Corporate Counseling Associates (CCA) at no charge to the employee or members of the employee's family. CCA's experienced team of counselors are available 24 hours a day, 7 days a week by calling 800-833-8707 for a confidential consultation. In addition, the new CUNY Work/Life website has hundreds of educational articles, useful tips and internet resources: www.cuny.edu/worklife.
