ARTICLE IX

PERSONNEL BENEFITS

9.1 During the term of this Agreement, the University agrees to maintain the Flexible Benefits Program. The University-funded portion of this program shall be maintained by the University during the life of this agreement so as to permit eligible faculty to buy back benefits equivalent to those currently provided in the following areas:

(a) Medical-Surgical (with major medical)

(b) Total Disability

(c) Life Insurance

(d ) Dental Program

(e) Vision Care Program

The cost of the individual's portion of this program shall be subject to the standard rate adjustments applicable to the benefits selected by the eligible faculty member. Additional benefits to be provided by the program may be recommended by a Benefits and Cost Containment Committee to the University Administration.

During the term of this Agreement, any reduction in benefits in the Flexible Benefit Program shall not occur without negotiations with the AAUP regarding the benefits being reduced.

When a faculty member who has met the age and service requirements for full retirement dies, his/her spouse or domestic partner (as defined in the University's domestic partner benefits policy, http://www.udel.edu/Benefits/menu/dp.html) will continue to be eligible for the same health care benefits that would have been available if the faculty member had retired.

9.2 Mortgage Loans - In addition to the mortgage loans currently provided bargaining unit members, the following shall apply: If a bargaining unit member who has been employed by the University for ten years or more becomes totally disabled while holding a University mortgage loan, the loan shall remain in effect until maturity so long as the disability continues and so long as the house continues to be the primary residence of the bargaining unit member. To be eligible for the mortgage continuation benefit, the mortgage payments must be automatically deducted from monthly disability payments or other guaranteed payments received by the bargaining unit member. If a bargaining unit member who is married dies while holding a University mortgage loan, and his/her spouse or domestic partner and/or minor children continue to occupy the house as their primary residence, the University mortgage may continue until maturity, if payments are made in a timely manner. When the spouse or domestic partner and/or minor children of the eligible member no longer occupy the mortgaged property as their primary residence, or the spouse remarries, the mortgage is to be repaid within 180 days.

9.3 The University shall provide medical surgical insurance, major medical, and total disability insurance for bargaining unit members age 65 or older at provision and benefit levels at least equal to those available to full-time faculty members under the age of 65.

9.4 Dental Plan
The University shall provide family dental insurance for all bargaining unit members as an option available under the Flexible Benefits Program. If this option is selected, at least the following benefits will be available, based on reasonable and customary rates as administered by the carrier:

There is a $1,750 individual maximum per calendar year for expenses covered under Types A, B, and C and a $1,750 lifetime maximum for Type D expenses.

9.5 University Pension Benefits (TIAA/CREF and/or Fidelity) are provided as follows:

(a) Participation with University contributions shall be optional for eligible faculty age 34 or younger.

(b) The University's contribution shall be 11% of base salary for each eligible faculty member enrolled in the program.

(c) The minimum individual contribution for participants in the program will be 4% of base salary.

(d) Nine-month or ten month faculty may contribute on earnings from summer supplemental contracts. The University will also contribute, providing the individual has elected the option. Individual and University percentage contributions are the same as during the academic year.

(e) Payments to TIAA/CREF and Fidelity shall be made on a semi-monthly basis.

9.6 Any Bargaining Unit member electing to take retirement under a retirement system identified in 9.6 of this Agreement, should give the Vice President for Administration, in writing, six months prior notice to the anticipated date of retirement. If such prior notice is given, then within ten days of the receipt of such letter, the Vice President for Administration shall, in writing, recognize its receipt, and shall inform the Bargaining Unit member, in writing, of the benefits to which the Bargaining Unit member may be entitled through the University, and specify how the Bargaining Unit member may access those benefits. Faculty members who are considering retirement may explore retirement options with the Vice President for Administration.

All faculty hired on or after July 1, 2008 qualify for retirement benefits at age 55 with 20 benefit years of service, at age 60 with 15 benefit years of service, at age 65 with 10 benefit years of service and at any age with 30 benefit years of service. Faculty members hired before July 1, 2008 will continue to qualify for retirement benefits under the requirements in effect at the time of their hire until June 30, 2013, after which date they will be required to meet the same requirements as faculty members hired on or after July 1, 2008.

Faculty electing retirement shall receive at the time of retirement a one-time payment at the rate of two and one-half percent of annual base salary for each year of University service. The payment cannot exceed 100% of annual base salary. If the faculty member has signed a retirement agreement with the University and should die before retirement has begun, the payment will go to the designated beneficiary of the deceased faculty member. In the event there is no designated beneficiary, the payment will go to the estate of the deceased faculty member.

At the retiree’s discretion, faculty members will receive a one-semester retirement leave at full salary with full benefits or a full year leave at seventy-five percent salary and with full benefits prior to the date of retirement.

Faculty may elect a phased retirement of up to three years in length, if they meet the age and service requirements noted above at the date of actual retirement. Faculty electing a phased retirement shall receive his/her one-time payment at the rate of two and one-half percent of annual base salary for each year of full-time University service; years of phased retirement will be prorated. The payment cannot exceed 100% of annual base salary. The salary used in this calculation shall be the annual base salary for the last year of full-time service before phased retirement. Faculty members who elect phased retirement are not eligible for retirement leave.

An approved workload agreement for the phased retirement period must be developed between the faculty member and the department chair and/or dean as appropriate for the specified years and option selected and presented to the Vice President for Administration prior to the approval of the retirement agreement.

The following phased retirement options are available:

It is recognized that in rare situations, it may be in the best interest of the University and an individual faculty member to make special retirement arrangements for an individual faculty member; such arrangements may be made only after consultation with the AAUP Contract Maintenance Officer.

Upon retirement, the University will provide a $7,000 death benefit for each faculty member.

"The University of Delaware Benefits for Retired Employees" (The Blue Sheet) are provided to faculty and are found in the on‑line version of the Handbook for Faculty.

9.7 The College of Health Sciences will continue the Wellness Program for University employees. Fifty ($50) wellness dollars will be made available each fiscal year for bargaining unit members who participate in the elements of the University's Wellness Program. This includes, but is not limited to: physical assessments, stress management programs, locker fees, nutrition counseling, biometric measurements, fitness classes, etc. Should the program provide medical insurance cost savings to the University, such savings will be shared with participating faculty members in the form of premium reductions or other monetary incentives aimed at encouraging utilization of the wellness program.

9.8 Beginning July 1, 2005, the University will offer a vision care program as a pre-tax option within the University’s Flexible Benefits Program. The plan will provide certain defined coverage for annual eye examinations, frames/lenses, contact lenses and other specified vision-related expenses. Faculty may choose coverage for themselves and eligible family members, with the University covering the premium cost of individual employee coverage.

9.9 The University agrees to make long-term care insurance available to eligible faculty and spouses or domestic partners. Any costs associated with the insurance will be paid by the faculty member. The scope, terms and conditions of the benefit including the costs are subject to change each year.

9.10 The University and the AAUP may reconstitute the Benefits and Cost Containment Committee if changes in the University's health care programs are under consideration. Nothing herein shall be construed to prevent the University from making changes in the insurance and annuity carriers underwriting the foregoing benefits provided there is no decrease in benefits.

9.11 The University will provide a tuition remission program for spouses or domestic partners and dependents (1). A total of two family members, including dependent children and the spouse or domestic partner of a faculty member, may each take seventeen (17) credit hours at no charge if enrolled as a full time matriculated undergraduate student. This benefit shall apply to seventeen (17) credit hours in one semester and may not be divided between semesters. Students who enroll at the University as a result of the tuition remission program shall not be counted for purposes of calculating the maximum faculty ratio under Article XI or in any University enrollment cap. Students who enroll under this program shall be eligible for University housing on a space-available basis after considering the needs of enrolled students paying regular tuition.

9.12 Course Fee Waiver
Bargaining unit members, or the spouse or domestic partner or one dependent may enroll in two academic credit course without payment of fees during each semester and each summer and winter session. Enrollment in academic credit courses involved with study trips or enrollment in non‑credit courses will be permitted only if such enrollment does not displace a paying student from the class or add appreciable costs to the University.

9.13 The Tuition Exchange Program will permit up to two members of the faculty (chosen by lottery) who wish to use an additional place for a second dependent child to avail themselves of slots remaining after all interested faculty have chosen slots for one dependent child.

9.14 Based on the commitments required by the instructional calendar, members of the bargaining unit who choose to utilize the family leave policy approved by the University Faculty Senate (Handbook for Faculty, Section 4) shall receive FMLA benefits for up to one semester during the period of approved FMLA leave. An FMLA leave may be used for caregiving, parenting, childbirth or adoption.

The University and the AAUP also recognize that childbirth and adoption can affect the teaching availability of a faculty member. Department chairpersons and faculty members must develop workload options that meet department and individual needs immediately following the birth or adoption of a child under the age of five by the faculty member. If the faculty member is the primary caregiver, he or she will be granted a one semester administered load that allows the faculty member a choice of either partial or full relief from teaching during the semester of the birth or the adoption of a child under the age of five by the faculty member or immediately following the birth or adoption. The Vice President for Administration and the AAUP Contract Maintenance Officer are available to discuss such options with faculty and department chairs.

9.15 The University acknowledges that credit toward a sabbatical leave will begin to accumulate at the beginning of the first semester of full‑time employment after returning from a sabbatical leave.

9.16 It is specifically agreed that the administration, interpretation and application of the foregoing plans and programs are not subject to the grievance procedure; however, failure to make available the benefits of these plans and programs is subject to the grievance procedure.

9.17 The provisions of this Article shall be subject to the rules and regulations of the various insurance and annuity carriers and applicable University regulations. The provisions of this Article shall not be changed during the term of this contract.

(1) Spouses who have not remarried or domestic partners and biological and adopted children of faculty members who retire, become totally disabled or die are eligible for this benefit even if not matriculated prior to the occurrence of one of these events.