Terms and Conditions
Cal Poly hereby implements the EEP with the following terms and conditions:
1. Employee Eligibility:
Employees must meet all the criteria below to Participate in the EEP:
Employee must be permanent staff and faculty, Management Personnel Plan (MPP) employees and temporary full-time lecturers (per 12.12 and 12.13 of the CFA/CSU CBA). Employees of the Cal Poly Corporation Auxiliary and ASI Auxiliary are not eligible for this program. Temporary employees and probationary employees are not eligible to participate in the EEP.
CalPERS Service Retirement Eligibility Required:
Employees must be CalPERS service retirement eligible on or before September 1, 2020. To determine your eligibility please contact CalPERS at 1-888-CalPERS (1-888-225-7377). Please note that there is no requirement to retire, only that the employee is eligible to retire.
Years of Service to University:
Employees must have at least five (5) years of service at Cal Poly on or before September 1, 2020, to be eligible. Service does not need to be served consecutively and excludes student employment; and intermittent employment.
Faculty currently FERPing are not eligible. Faculty with FERP applications pending may withdraw their FERP application in order to participate in the EEP.
Non-Eligibility of Retired Annuitants:
Retired annuitants are not permanent employees and are therefore not eligible.
Previous Notice of Retirement:
Current employees who have already established a retirement date on or before September 1, 2020, or are in the process of separating from Cal Poly, are ineligible for this program.
- Employees must be in good standing to participate in the EEP.
2. Severance Package:
Employees who voluntarily separate as part of the EEP will be offered severance pay. In exchange for voluntarily separating and executing the Final Separation Agreement and Release (which will include a release of claims), Employees will receive a lump sum payment of six months’ salary or a minimum of $25,000 (whichever is higher) up to a maximum cap of $60,000. Severance pay is calculated using an employee’s monthly base salary (Prorated for employees appointed for less than full-time. For employees on AY, 10-month and 11-month work assignments, the six month salary is equivalent to ½ of their annual base salary) at the time of separation. Separation must occur on or before December 30, 2020.
The Severance Package shall be paid within thirty (30) calendar days after the separation date.
Note: The Severance Package is to be paid through the State Payroll System; employees should consult a tax advisor to understand any tax implications. This income is not considered compensation earnable for purposes of calculating CalPERS retirement benefits; additional service credit will not be awarded as part of the severance package.
Submission of an application is not an entitlement and not a guarantee of participation. All provisions of the EEP are subject to change.
Maximum Participation Rate per Bargaining Unit or Employee Group:
Participation in the EEP will be capped at 20% of retirement eligible employees within each bargaining unit, and Confidential Employees. There is no intention to cap MPP participation.
Order of Application:
Applications will open at 7:00 am on October 1, 2020 and must be received on or before 11:59 pm on October 21, 2020 , to be considered. Complete applications will be processed on a first come, first served basis in the order in which the applications are submitted to Human Resources up to the cap as described in 3.b. Incomplete applications will be sent back to the employee and are not entered for processing. Employee may resubmit a complete application.
Termination of Program:
There is no guarantee that an application will be processed before termination of the EEP. Termination of the EEP may occur at any time without notice at management’s discretion including but not limited to expenditure of the one-time allocation of funds that has been earmarked for the EEP.
4. Approval Process:
The Application Form must be filled out completely. Please note that the employee still must sign the Acknowledgement of Participation and Resignation and Separation Agreement via Adobe Sign after confirmation of eligibility from HR. It is the Employee’s responsibility to collect all pertinent information before submitting their application.
Opening of Application Period:
Applications may be submitted via the electronic process beginning on October 1, 2020 at 7:00 am.
Applications must be received by October 21, 2020 at 11:59pm.
Irrevocable after Execution of Separation Agreement and Release:
Employee agrees that participation in the EEP and receipt of the respective severance pay is conditioned on the employee voluntarily resigning from Employee’s employment with Cal Poly and executing the respective separation agreement. Employee acknowledges that Employee’s resignation is voluntary, permanent, and will be irrevocable as of the date of execution of the Separation Agreement and Release. Further, Employee will be required to waive any right Employee may have under any applicable law, regulation, Collective Bargaining Agreement or policy to revoke or rescind Employee’s resignation.
The separation date must be on or before December 30, 2020, unless one of the following exceptions applies:
- Faculty with a teaching assignment for the fall quarter 2020 will separate December 5, 2020, but may defer the date further pursuant to approval as describe in 4.e.2.
In rare cases, and under mutual consent, separation dates up to the end of spring quarter 2021 (June 12, 2021) may be approved by the President.
If the Employee intends to retire, it is highly recommended that the employee immediately contact CalPERS as the CalPERS retirement processing may take several weeks in some cases.
Execution of Separation Agreement:
Human Resources, in concert with Academic Personnel, will review the Employee’s application to confirm the Employee’s eligibility to participate in the EEP based on the Terms and Conditions specified in this program.
Human Resources will notify the Employee and their Appropriate Administrator of the conditional approval by email and send the Employee an Acknowledgement of Participation and Resignation Form. The failure to return the executed Acknowledgement of Participation and Resignation Form within ten (10) calendar days will result in the University rescinding the conditional approval of the Employee's application to participate in the EEP.
Non-Waiver of Management Rights:
The EEP is not to be construed as a waiver of management’s rights. Cal Poly retains and reserves unto itself, without limitation, whether exercised or not, all powers, rights, authorities, duties, and responsibilities which have not been specifically abridged, delegated or modified by the current and respective collective bargaining agreements. Nothing in this EEP shall constitute a waiver of management’s right to enforce any articles under the collective bargaining agreements including but not limited to articles related to layoff.
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