Article 27: Retirement

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27.1 At such time as the prohibition against pension negotiations is removed, the PSC and the University agree to meet and negotiate matters of pensions which require legislative action.

The University agrees to make available to participants in the TIAA retirement program "The Retirement Transition Benefit" which permits an individual participant to receive a lump sum payment of up to 10% of his/her TIAA/CREF accumulation if the participant is 55 or older at time of retirement.

The University shall continue to maintain and staff a University pension office for the purpose of providing informational services to the members of this unit.

Determination of pension eligibility and benefits are made by the appropriate retirement plan.

27.2 The parties agree to continue, subject to law, to implement a tax free exchange of section 403(b) tax sheltered annuity contracts for members of the New York City Teachers' Retirement System Tax Deferred Annuity Program with a different insurer as qualified under section 1035 of the Internal Revenue Code.

27.3 The University and the PSC agree that CUNY public retirement system retirees shall have the option of changing their previous choice of Health Plans and of providing for coverage of eligible dependents acquired subsequent to retirement, in accordance with the rules and regulations of the New York City Department of Personnel Health Insurance Division.

27.4 Effective September 1, 1985, or as soon thereafter as practicable, members of the Optional Retirement System (which at present is TIAA CREF) who have separated from CUNY service and are collecting a retirement benefit based on their service at CUNY shall be eligible for coverage in the City Health Insurance Program, if and when the following additional qualifications are met:

(a) For instructional staff initially appointed to a full time annual position on or before June 30, 1976:

1. Separated from CUNY service at age 55 or over with at least ten (10) years of pensionable, continuous, full time CUNY service,

or

2. Separated from CUNY service prior to age 55 with at least fifteen (15) years of pensionable, continuous, full time CUNY service and attained the age of 55.

(b) For instructional staff initially appointed to a full-time annual position between July 1, 1976 and August 31, 1985:

1. Separated from CUNY service with at least fifteen (15) years of pensionable, continuous, full-time CUNY service and attained the age of 62,

or

2. Separated from CUNY service with at least ten (10) years of pensionable, continuous, full-time CUNY service and no subsequent full-time employment in a college, university, or other institution of post-secondary education related to the duties performed while in active service at The City University or to duties normally performed by the instructional staff at the City University and attained the age of 62.

(c) For instructional staff initially appointed to a full time annual position on or after September 1, 1985:

1. Separated from CUNY service at age 62 or over with fifteen (15) years of pensionable, continuous, full time CUNY service,

or

2. Separated from CUNY service prior to age 62 with fifteen (15) years of pensionable, continuous, full time CUNY service and no subsequent full time employment in a college, university, or other institution of post secondary education related to the duties performed while in active service at The City University or to duties normally performed by the instructional staff at The City University and attained the age of 62.

(d) "Continuous service," as used in this section, shall not be broken by any approved leave of absence without pay. The period of such approved leave without pay shall not count toward the total number of years required for eligibility.

27.5 A member of the full-time instructional staff who participates in the Optional Retirement Program, who becomes disabled, and who is determined by the United States Social Security Administration or by the TIAA/CREF disability program or its successor under this Agreement, to be physically or mentally incapacitated for the performance of duty, shall be eligible to receive paid New York City Employee Benefits Program basic health benefits, provided that he or she had completed at least ten years of full-time service at The University immediately prior to being disabled; he or she is receiving a retirement benefit from the Optional Retirement Program; and he or she receives no basic health coverage from another source.

In the event that the United States Social Security Administration determines that the instructional staff member is not disabled, and the instructional staff member’s disability claim has not been reviewed by TIAA/CREF or its successor, at the request of the instructional staff member, the Professional Staff Congress/CUNY and City University of New York shall designate a mutually acceptable physician to review the instructional staff member’s claim that he/she is physically or mentally incapacitated for the performance of duty, applying standards and criteria identical to those of the New York City Teachers’ Retirement Program. If the instructional staff member is determined by the designated physician to be physically or mentally incapacitated for the performance of duty, he/she shall be eligible for New York City Employee Benefits Program basic health benefits, provided that he/she had completed at least ten years of full-time service at The University immediately prior to being disabled, he/she is receiving a retirement benefit from the Optional Retirement Program, and he/she receives no basic health coverage from another source.

In the event that the disability is the result of a work-related injury, the length of service requirement is waived.
27.6 Each college will provide, upon request by a retiree, a college-retiree identification card, which will provide the retiree with library privileges at the college.

27.7 Members of the full-time instructional staff who retire shall have access to University electronic mail addresses, subject to compliance with the University’s policies and procedures relating to electronic communications. The parties will meet to discuss issues regarding implementation of this access for retirees.