UAFP Faculty

ARTICLE XIX MEDICAL AND OTHER PLAN PARTICIPATION **

For additional information please contact University Benefits at (914) 923-2828. You may also contact the UAFP by clicking here.

19.1. Health Insurance*

A. General

Effective in 2012-13, the University shall allocate $28,000 for health insurance reimbursement payments. Effective in 2013-2014, the University shall allocate $31,000 and effective in 2014-2015, the University shall allocate $34,000.

In no event shall the University's reimbursement payment towards the cost of coverage for any adjunct faculty member or part-time instructor exceed fifty percent (50%) of the total cost os such individual's plan.

  1. For purposes of Article 19.1, a "year" is defined as an academic year.
  2. The University's payments for any adjunct faculty member or part-time instructor may vary from year to year based upon a number of factors, including the number of qualified applicants and the limitations on the University's payment to no more than 50% of an applicant's total annual premiums.
  3. Tha annual payments shall be paid directly to adjunct faculty members or part-time instructors as reimbursement for health insurance premiums paid in the academic year preceding the year the reimbursement application is submitted.
  4. If the application of the provisions of Article 19.1 results in a University disbursement of less than the agreed upon amount in an academic year, the undisburses amount shall not be carried forward, but shall revert to the University.

B. Eligibility

1. In the academic year prior to the date of application, the adjunct faculty member or part-time instructor must have been covered by a health insurance plan at his/her own cost. The applicant may have purchased an individual health insurance plan, or a plan which also covers others. The adjunct faculty member or part-time instructor must not have been eligible for coverage through another plan or through Medicare.

2. In the academic year prior to the date of the application, at the time of the application, and at the time of the disbursement, the adjunct faculty member or part-time instructor must be on active status.

3. The adjunct faculty member or part-time iinstructor must have provided two (2) years of continuous service prior to the academic year for which the reimbursement is sought.

4. Notwithstanding anything to the contrary, adjunct faculty members or part-time instructors shallnot be eligible to receive a reimbursement for the prior academic year if they:

    a. have not submitted the required documentation to the Union by October 15th; or

    b. have been discharged, or issued a notice of non-reappointment or voluntarily left the University for any reason; or

    c. have been determined by the Union or the University to have submitted an application that is factually inaccurate [footnote 13] ; or

    d. are eligible for coverage through another plan or through Medicare.

5. The adjunct faculty member or part-time instructor shall not be eligible for reimbursement payments for one year if their application is found to be factually inaccurate, and forever if the misrepresentation is intentional.

6. The adjunct faculty member or part-time instructor must already have paid for insurance at the time of application as the payment is a reimbursement for health insurance premiums.

7. Should approved applicants cease to be eligible to receive the funds designated for them, the University shall be notified in writing immediately.

C. Application

1. Availability for the reimbursement payments covered herein shall be posted by the Union on its website. Those who have given the Union their email addresses shall be given email notification by the Union as well.

2. Applications for reimbursement payments shall be submitted to the Union by registered mail on or before October 15th of the academic year.

3. Each application shall include: (1) the number of semesters taught at the University; and (2) proof of payment of premiums for the insurance during the prior academic year acceptable to the University.

D. Disbursement

1. The total amount of funds available shall be divided equally among the approved applicants, provided, however no applicant shall be reimbursed for more than 50% of the total cost of the plan.

2. If an approved applicant's reimbursement under (1) or (2) herein exceeds 50% of the total cost of the their plan, the amount in excess of 50% will be divided equally among the other recipients.

3. By no later than November 15th of the academic year, the Union shall provide the amounts due to each approved applicant. The University will disburse the annual reimbursement payments to approved applicants as follows: 50% on December 15 and 50% on June 15.

E. Revocation and Refunds

The Parties agree that a reimbursement shall not be made if prior to the payment an applicant and/or a reimbursement recipient:

  1. is discharged; or
  2. is issued a notice of non-reappointment; or
  3. has submitted an application that is factually inaccurate,as determined by the Union or the University.

Notwithstanding the above, any recipients who are discovered to have submitted factually inaccurate applications under (3) above shall have an obligation to return to the University any reimbursement payments already paid to them.

Any revoked or returned payments, including any payments which have been set aside for a recipient but not made pursuant to (1), (2), or (3) above, shall be redistributed to the remaining eligible reimbursement recipients. See Footnote 13.

F. Union Statements

In addition to the Union's November 15th statement pursuant to D3, the Union shall also, upon request of University, make available for the University's inspection, or provide the University with copies of, all documentation submitted in support of reimbursement applications.

G. Reopener Language

The University and the Union agree that any of the events described below shall trigger a reopener of all terms contained in Article 19.1:

    (1) if any of the provisions contained in Article 19.1 are declared illegal, unenforceable, or ineffective by a legal forum of competent jurisdiction; or

    (2) if any such provisions are rendered illegal, unenforceable or ineffective or result in any penalties(e.g. an excise tax) to the University as the result of: Labor, the Internal Revenue Service, the    

         Health

            (a) guidance from the Department of Health and Human Services Administration or any other regulatory agency; or

            (b) the adoption of any law, rule, regulation or other regulatory provision.

* Eligibility and other matters relating to participation in the benefit plans specified in Article XIX are subject to the Internal Revenue Code and other applicable statutes and regulations as well as decisional law and plan documents.

Footnote 13 - Notwithstanding a payment based on a factually inaccurate application, the University shall have no obligation to make any additional payments or to pursue any legal remedies against such adjunct faculty member or part-time instructor.

For questions regarding Provision 19.1, please contact the UAFP representatives as the UAFP is responsible for the administration of the Memorandum of Understanding.

19.2. Life Insurance – Adjuncts who have taught at least three (3) credit hours during each of at least five (5) continuous academic years, including academic years prior to the execution of this Agreement, and are in active status may participate at no cost to the adjunct in life and accidental death and dismemberment (AD&D) insurance coverage based upon rank as follows:

 Rank

 Amount of Coverage

 Professor 

 $5,000

 Associate Prof.

 $5,000

 Assistant Prof. 

 $4,000

 Instructor 

 $4,000

 Lecturer 

 $3,000

Additional life insurance and AD&D coverage equal to another one (1) or two (2) times the amount of coverage stated above is available to the adjunct at his or her cost. Applicable rates will be posted on the Human Resources web page.

19.3. Long-Term Care Insurance – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors who are in active status may participate in the University sponsored voluntary Long Term Care Insurance Plan in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

19.4. Commuter Reimbursement Accounts – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors may participate in University sponsored tax-free Commuter Reimbursement Accounts in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

19.5. Provided this benefit is available to full-time faculty, the University shall make a pre-tax health care reimbursement account available to adjuncts and part-time instructors on the same basis as full-time faculty except that the maximum annual contribution shall be one thousand dollars ($1000). Enrollment information will be posted on the Human Resources web page.

Footnote 15 - Effective with the beginning of the next plan year, this benefit shall be available only to those adjuncts and part-time instructors who participated in this account 2011-2012.

19.6. § 403-b Supplemental Retirement Accounts – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors who are in active status may participate in any of the University’s supplemental retirement accounts in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

19.7. Employee Assistance Program (EAP) – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors who are in active status may participate in the EAP in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

19.8. New York College Savings Program (Section 529 Plan) – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors who are in active status may participate in the University sponsored Section 529 college savings plan in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

19.9. Credit Union – Provided this benefit is made available to full-time faculty, adjuncts and part-time instructors who are in active status are eligible to join the University sponsored Academic Federal Credit Union in the same manner as full-time faculty. Enrollment information will be posted on the Human Resources web page.

** Eligibility and other matters relating to participation in the benefit plans specified in Article XIX are subject to the Internal Revenue Code and other applicable statutes and regulations as well as decisional law and plan documents.

ARTICLE XX TUITION WAIVERS

The University’s Tuition remission benefits for adjuncts and part time instructors as reflected at the University’s Human Resources Website are attached hereto as Addendum B and shall remain in effect except as provided herein.  Should the University alter the Tuition remission benefits for full-time faculty (attached as Addendum C), the University shall have the option to reopen negotiations with the Union on this topic only.  Should the parties be unable to reach an agreement, they shall submit their dispute to binding Interest Arbitration before Martin F. Scheinman, Esq.  The parties shall share the arbitrator’s fees and expenses.  If Martin F. Scheinman, Esq. is unavailable to serve, the parties shall select an arbitrator through the services of the AAA utilizing the list-only procedure.  Among other criteria, the University may offer proof concerning similarly situated adjuncts and the Union may offer the overall compensation of similarly situated adjuncts.