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

Exhibit 407.6E1: Licensed Personnel-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, 2026, unless an alternate date is agreed to.

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

3. __________________ acknowledges that she was given at minimum forty-five (45) days to consider this Agreement. The forty-five (45) days will expire on Jan. 5, 2026.

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 she has or may ever claim to have by reason of of her employment with the school district and the termination of of her employment with the school district, and Kelly specifically waives any rights which 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 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 ___________________

Benefits of the Early Retirement Package: 

1. Retirees can choose from (1) $10,000/year maximum toward the district’s single health insurance plan for 4 years or (2) $10,000/year maximum contribution to a 403B plan for 4 years. 

 

Retiree’s Choice:

• $10,000 towards the District health insurance
• ​​​​​​​$10,000 contribution to a 403B plan
• ​​​​​​​Not interested in early retirement at this time

 

___________________________                  ___________________________________

Date                                                                Superintendent, Emmetsburg CSD

 

___________________________                  ____________________________________

Date                                                                Board President, Emmetsburg CSD

                                                                       

_____________________________              ___________________________________

Date                                                                Board Secretary, Emmetsburg CSD

                                                                       

______________________________            ___________________________________

Date                                                                Employee