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ARTICLE XX

Term of Agreement

1. September 1, 2005 - December 31, 2005: The School will provide and pay for through Great West the Preferred Provider Organization Plan Option B, for an eligible full-time teacher and his/her family as defined in said plan. The teacher's rights, benefits, obligations, qualifications, duties, and eligibility requirements will be determined solely by the terms, provisions, requirements and conditions as set forth in the policy plan and contract providing the welfare protection. The following language will be signed by those desirous of family coverage.

"The undersigned teacher represents that she/he is the primary wage earner in her/his family, and, therefore, requests dependent protection under the school's hospitalization, medical/surgical and major medical coverage. I understand that if, at any subsequent time, I cease to be the primary wage earner in my family, then, and in such event, I will advise the school that I no longer require the school's dependent hos- pitalization, medical/surgical and major medical coverage. I understand that, in either event, the School will provide individual coverage for me."

"Primary wage earner" shall mean the family member who has the greatest earnings as defined in IRS regulations for compensation (Line 7 on Form 1040). Teachers will be required to provide sufficient proof to establish primary wage earner status upon request from the School.

January 1, 2006 - August 31, 2008: As of January 1, 2006, the Great West Preferred Provider Organization Plan Option B will no longer be available. All teachers will have the option of enrolling in the following Diocesan health insurance plans- the Aetna HSA or the Aetna POS.

The School will pay the deductible of $1,500 for single coverage and $3,000 for family coverage for any teacher selecting coverage in the Aetna HSA Plan. Such deductibles will be available to the teachers in full as of January 1, 2006.

The teacher's rights, benefits, obligations, qualifications, duties and eligibility requirements will be determined solely by the terms, provisions, requirements and conditions as set forth in the policy plan and contract providing the welfare protection. The following language will be signed by those desirous of family coverage.

"The undersigned teacher represents that she/he is the primary wage earner in her/his family, and, therefore, requests dependent protection under the School's hospitalization, medical/surgical and major medical coverage. I understand that if, at any subsequent time, I cease to be the primary wage earner in my family, then, and in such event, I will advise the School that I no longer require the School's dependent hospitalization, medical/surgical and major medical coverage. I understand that, in either event, the School will provide individual coverage for me."

"Primary wage earner" shall mean the family member who has the greatest earnings as defined in IRS regulations for compensation (Line 7 on Form 1040). Teachers will be required to provide sufficient proof to establish primary wage earner status upon request from the School.

Teachers who resign their positions at the end of the school year will be covered under the Medical Health Plan through the summer shut down.

1a. A teacher may opt out of medical insurance coverage. A teacher wishing to do so will receive $2,000 as part of his/her salary payable in equal installments on the second pay date in December and June. This option may be selected at the beginning of each new school year (deadline is September 1) and cannot be changed until the following school year, unless there is a change in life status.

A teacher who experiences a change in life status may opt back into medical insurance coverage at the time the life status change occurs. Any money paid to the teacher for opting out of medical insurance coverage shall be repaid by the teacher on a pro-rated basis at the time he/she is enrolled in medical insurance coverage.

HEALTH CONTINUATION COVERAGE

Former full-time employees, whose employment has terminated for any reason other than gross misconduct, will have available to them and selected dependents the opportunity to purchase health insurance at group rates from the School for a specified time. The participants pay the entire cost of health insurance. The coverage period will be:

  1. Disabled employees - up to six (6) months from the date original coverage ceases;

  2. Spouses and dependents of deceased employees (children up to age 19) - up to six (6) months from date original coverage ceases; and

  3. All other employees - six (6) months from date original coverage ceases.

2. For teachers hired prior to or on October 1, 2005, the School will continue the present Diocesan Pension Plan and Trust ("Pension Plan") at no cost to the teachers. All employee rights, benefits, obligations, qualifications, duties and eligibility requirements will be determined solely by the terms, provisions, requirements, and conditions of the Plan. A brochure explaining the Plan will be given to each covered teacher.

2a. There will be a continuing exchange between the parties regarding the present pension plan, costs and benefits. Any recommendations submitted will be given serious consideration and treated in good faith on the part of both parties.

2b. No questions involving any pension plan or revised or amended plan will be subject to the grievance and arbitration provisions of this contract. The decisions of the Trustees of such plan in respect to all matters and actions taken in regard to the same and its administration will be final and binding on the teachers who qualify for coverage under said plan and the parties hereunto.

2c. In the event that said Pension Plan and Trust is discontinued for any reason during the term of this Agreement, the Association and the School will immediately commence collective bargaining on the subject of the pension.

2d. Teachers hired after October 1, 2005 will no longer participate in the Diocesan Pension Plan and Trust, but will be able to participate in the Diocesan Tax Annuity Plan (403(b)). Any teacher who contributes to the Diocesan Tax Annuity Plan (403(b)) will receive a matching contribution from the School, such contribution not to exceed five percent (5%) of the teacher's gross bi-weekly salary.

3. Members of the bargaining unit who have reached the age of fifty-five (55) and have completed at least five (5) years of service are eligible for early retirement.

4. Members of the bargaining unit between the ages of sixty (60) and sixty-five (65) with thirty (30) years of service at the School who wish to retire will be offered the following incentives:

  1. A teacher who is age sixty (60) with thirty (30) years of service will receive the sum of $120 for each unused sick day up to a maximum of one hundred eighty (180) sick days.

    A teacher who is age sixty-one (61) with thirty (30) years of service will receive the sum of $100 for each unused sick day up to a maximum of one hundred eighty (180) sick days.

    A teacher who is age sixty-two (62) with thirty (30) years of service will receive the sum of $80 for each unused sick day up to a maximum of one hundred eighty (180) sick days.

    A teacher who is age sixty-three (63) with thirty (30) years of service will receive the sum of $60 for each unused sick day up to a maximum of one hundred eighty (180) sick days.

    A teacher who is age sixty-four (64) with thirty (30) years of service will receive the sum of $40 for each unused sick day up to a maximum of one hundred eighty (180) sick days.

  2. A teacher who wishes to retire under this provision must do so at the end of the school year in which he/she reaches the appropriate age. The teacher must notify the School by January 1 of his/her intent to retire in order to receive the payments delineated in Section A above. Such monies shall be paid to the teacher in a lump sum on the first pay of July following the teacher's retirement.

  3. A teacher who opts for early retirement will continue to be covered under the Medical, Life, Dental and Eye Care plans as specified elsewhere in this Agreement at the level applicable at retirement until the teacher reaches age sixty-five (65).

  4. A teacher who opts for early retirement may opt out of health insurance coverage. He/she will receive $2,000 a year for each year that he/she opts out up to age sixty-five (65). Should the retired teacher experience a life-status change, he/she shall have the option of re-enrolling in the health insurance plan one (1) time during the period in which the teacher retires and subsequently attains normal retirement age.

  5. A teacher who opts for early retirement shall be entitled to benefits as stated in Section 5B below upon reaching the age of sixty-five (65).

A teacher who wishes to retire at normal retirement age as defined by the Pension Plan (age sixty-five (65)) must have a combination of age and years of service totaling eighty (80) in order to receive retirement benefits as set forth in this Agreement. A teacher who wishes to retire at the end of the school year under this provision must notify the School by January 1 of his/her intent to retire in order to receive the payments delineated in Section A below. A teacher who retires at normal retirement age as defined by the Pension Plan (age sixty-five (65)) shall be entitled to the following:

  1. A teacher who is age sixty-five (65) or older with thirty (30) years of service will receive the sum of $20 for each unused sick day up to a maximum of one hundred eighty (180) sick days. Such monies shall be paid to the teacher in a lump sum on the first pay of July following the teacher's retirement.

  2. A teacher who retires at age sixty-five (65) will receive benefits (Medigap C, Dental and Eye Care) according to the following formula:

    1. A teacher with twenty-five (25) or more years of service as of September 1, 2005 will receive Medigap C, Dental and Eye Care (individual or family coverage) for the remainder of the retiree's life. The full cost of these benefits shall be borne by the School.

    2. A teacher having at least ten (10) years of service but less than twenty-five (25) years of service as of September 1, 2005 will receive single coverage for Medigap C, Dental and Eye Care for the remainder of the retiree's life. The full cost of these benefits shall be borne by the School.

    3. A teacher with less than ten (10) years of service as of September 1, 2005 or any teachers hired on or after September 1, 2005 will not be eligible for any of the retirement benefits specified in Section 5B above.

6. The group life insurance program currently in effect will be continued.

7. The Dental Plan as upgraded will cover all eligible teachers and their families for Preventive, Basic and Major Service. Full time teachers and their families will be covered only during any periods the teacher is actually working and during the summer shutdown. The School's liability under this Article is to pay the cost of and provide said dental protection for the teachers. The teacher's rights, benefits, obligations, qualifications, duties and eligibility requirements will be determined solely by the terms, provisions, requirements and conditions as set forth in the policy plan and contract providing the dental protection.

8. The Eye Care Plan as upgraded will cover all eligible teachers and their families. The cost of the program will be borne by the School. The Association will make appropriate arrangements with an insurance company to accept payment and set up a plan.

9. Any teacher hired as of September 1, 2002 shall contribute toward the monthly premium costs of the medical health, prescription, dental and eye care plans. The cost will be $680 per year for single coverage and $1100 per year for family coverage. The contribution shall be $30.90 per pay over 22 pays for single coverage and $50 per pay over 22 pays for family coverage.

10. Long term substitute teachers are not entitled to any fringe benefits until such time as they have been employed as a long term substitute for 180 continuous school days. Long term substitutes may purchase medical health, prescription, dental and/or eye care during this time. Long term substitutes shall receive the above benefits paid by the School upon the 181st school day of continuous employment.

11. In the event of any change in the provider of any insurance plan covered by this Agreement, the plan to be provided shall be equal to or better than the plan previously provided. The School agrees that the insurance plan providers providing all coverages may be changed only after consultation with the Association. Both parties agree that any recommendations submitted will be given serious consideration and treated in good faith on the part of both parties.

12. The School will pay the cost for a teacher disability plan as upgraded. The Association will make all arrangements for said plan to be known as the Holy Cross High School Salary Continuance Plan and all teachers' rights, benefits, eligibility requirements and obligations will be governed strictly by the terms of such plan.

13. The School will allow all children of any teacher to attend Holy Cross High School and the School agrees that no tuition or fees, except Driver's Education Fees, will be charged. Children of a teacher who dies while he/she is an employee of Holy Cross High School shall not be expected to pay tuition or fees, except Driver's Education Fees.

14. Teachers will receive a 50% discount on the purchase of all food sold in the school cafeteria during regular student lunch periods.

15. A Voluntary Tax-Sheltered Annuity Program will be continued. Upon receipt of proper check-off authorization, the School will cause to be deducted such monies as are designated by the teachers and will remit such monies to the Annuity Company chosen by the Association. The Association will make appropriate arrangements with an insurance company to accept payment and set up a plan. All teachers' rights, benefits, eligibility requirements and obligations will be governed by the terms of the plan. The only obligation of the School will be to Check-off and remit monies checked off.

16. The School will make available the purchase of U.S. Savings Bonds through payroll deduction.

17. To offer the opportunity for the improvement of professional competence, the School will set aside a fund of $4,000.00 per session (Fall, Spring, Summer) to assist teachers in the pursuit of an approved educational goal. (Money not used is not transferable for the following semester).
A teacher will be reimbursed up to $300.00 per graduate credit and
$150.00 per undergraduate credit.
If there is money remaining in the Fund, additional courses will be handled on a fair, equitable and rotating basis.

17a. The teacher shall make written application to the principal using the Tuition Reimbursement Request Form (Exhibit E). This written notice to the School must be given prior to enrolling in the course. The School must approve enrollment in the course and the course must be related to the high school curriculum or high school advancement of the teacher.

17b. In order for reimbursement to be made to the teacher, proof of receipt of the credit hours with a grade of "C" or better must be provided to the School. At this time, reimbursement shall occur for the first course of each semester. Subsequent courses will be covered by Paragraph 17c.

17c. Reimbursement shall be paid by July 1 for courses taken the previous spring, October 1 for courses taken the previous summer and by February 1 for courses taken the previous fall, provided the teacher is a full-time teacher in the School. Reimbursement shall also be paid in the case of a teacher's death, a teacher's disability or a teacher affected by a reduction in force, as long as the teacher completed an approved course at the time of death, disability or reduction in force.

17d. Any teacher requesting and receiving tuition reimbursement shall agree to remain employed at the School for a total of two (2) full school years following the school year in which the course(s) were completed. (A school year is defined as September 1 to August 31.) In the event a teacher separates from employment with the School prior to fulfilling the above mentioned two (2) year commitment, the teacher will reimburse the School for any monies he/she received for which the two (2) year commitment applies. Such monies shall be deducted from the teacher's final paycheck. This repayment shall be waived in the case of a teacher's death or disability or a teacher being affected by a reduction in force.

18. In the event that Workmen's Compensation or Social Security coverage is terminated either by court decision or legislation, the School and the Association will meet to replace the above coverage with comparable coverage. The School will not contribute any monies exceeding the prevailing rates.

19. The School agrees to follow the Diocese of Trenton Guidelines set forth in the letter by Msgr. William Fitzgerald, Chancellor, dated 9/16/81 with subsequent revisions regarding unemployment and disability benefits.

20. The School will make arrangements for the necessary procedures so that individual teachers may take advantage of IRS 125 provisions.

21. Only one member of a married couple, both of whom are employed by Holy Cross High School, shall be designated "Head of Household" and be eligible for the family health coverage, dental and eye care plans.