407.6E1 LICENSED PERSONNEL - EARLY RETIREMENT EARLY RETIREMENT APPLICATION AND AGREEMENT, COVENANT NOT TO APPLY AND WAIVER OF LIABILITY CLAIMS

The Emmetsburg Community School District and the employee, ________________________, agree as follows:

1. In consideration of the benefits to be provided to the employee in accordance with the Early Retirement Policy, ___________________________, agrees to immediately sign and submit a letter of resignation to be effective at the end of the fiscal year, June 30, 2023, unless an alternate date is agreed to.

2.  ____________________________ is advised that he/she has the right to consult with an attorney prior to signing the Agreement.

3. ____________________________ acknowledges that he/she was given at minimum forty-five (45) days to consider this Agreement. The forty-five (45) days will expire on Dec. 22,2022.

4. Following the signing of this Agreement, ____________________________ shall have seven (7) days to revoke this Agreement, and this Agreement shall not be effective until the seven (7) days have expired.

5.  ____________________________ hereby releases and discharges the Board of Directors of the School District, and any and all officers, employees, representatives or agents of the school district from any and all liability whatsoever, including all claims, demands or causes of action which he/she has or may ever claim to have by reason of of his/her employment with the school district and the termination of of his/her employment with the school district, and ____________________________ specifically waives any rights which he/she may have  or ever claim to have arising under the Age Discrimination in Employment Act of 1967 (29 U.S.C. Sec 621, et. Seq.), excluding any claims which may arise after the day of signing this Agreement.

6. ____________________________ agrees that this Agreement is entered into freely and voluntarily and solely in reliance upon his/her own knowledge, belief and judgment and not upon representations made by the school district or others on its behalf.

7. The undersigned employee agrees by this covenant to not apply for  employment in the Emmetsburg Community School District at any time in the future. Consideration for this covenant and agreement is the payment by the Emmetsburg Community School District of the early retirement benefits. The effect of this agreement and covenant is to prevent the undersigned employee from making an application in the future for employment and when denied that employment, making a claim that the district discriminated by virtue of age, race, religion, creed, color, national origin, sex, sexual orientation, gender identity, or disability, by not rehiring the undersigned employee.  The above prohibition shall not prevent the School District from volunteering to offer employment to employees at its own election.

The undersigned employee further acknowledges and understands that this covenant is part of the Early Retirement Program in the Emmetsburg Community School District and if the covenant were not utilized, the benefits that were available to the undersigned employee would be of a lesser value than the undersigned employee would be able to elect.

Employee ___________________________________                Date ___________________

 

            1.         Year 1 Payout             $10,000           (1st Half July 2023)

                                                            $10,000           (2nd Half January 2024)

                                                            $20,000

 

            2.         Year 2 Payout             $7,500             (1st Half July 2024)

                                                            $7,500             (2nd Half January 2025)

                                                            $15,000

 

            3.         Year 3 Payout             $5,000             (1st Half July 2025)

                                                            $5,000             (2nd Half January 2026)

                                                            $10,000

 

            4.         Unused Sick Days            $___________________________(Paid July 2023)

                                                            ($50 per unused sick day balance at June 30, 2023)

 

5. Single Policy Insurance Premium with district maximum obligation annually (fiscal year) of $10,000 until eligible for Medicare. If the single policy premium exceeds $10,000 in a year, the early retiree will be responsible for the difference. An early retiree may be enrolled in a family plan at the cost of the early retiree. Early retirees that have an obligation to the district for premiums will send payment to the district at the beginning of each month. In regards to the payment process, this requirement will only change if the requirements with the insurance provider change.

_____________________Approved             _________________________Not Approved

 

___________________________                  ___________________________________

Date                                                                Superintendent, Emmetsburg CSD

 

___________________________                  ____________________________________

Date                                                                Board President, Emmetsburg CSD

                                                                       

_____________________________              ___________________________________

Date                                                                Board Secretary, Emmetsburg CSD

                                                                       

______________________________            ___________________________________

Date                                                                Employee