ARTICLE 57 – DEFERRED SALARY LEAVE PLAN
57.01 Eligibility
Any teacher having tenure with a School Board is eligible to participate in the plan.
57.02 Application
(a) A teacher must make written application to the School Board Director on or before April 30 requesting permission to participate in the plan.
(b) Written acceptance, or denial, of the teacher’s request, with explanation, will be forwarded to the teacher by June 15 in the school year the original request is made.
(c) Approval of individual requests to participate in the plan shall rest solely with the School Board.
(d) In the event that a teacher while on Deferred Salary Leave enters into employment with another School Board, there shall be no duplication of benefits, as outlined in Clause 57.04 (b) accruing to the teacher as a result of that employment.
57.03 Payment Formula and Leave of Absence
The payment of salary, fringe benefits and the timing of one year leave of absence shall be as follows:
(a)
- During each school year in which the teacher has participated in the plan prior to the one year leave of absence, up to a maximum of four (4) such school years (depending upon whether the teacher selects the three, four or five year option) the teacher will receive two-thirds (2/3), three-quarters (3/4) or four-fifths (4/5) of his/her annual salary consisting of his/her proper grid salary and applicable allowances. The remaining one-third (1/3), one-quarter (1/4) or one-fifth (1/5) of the annual salary will be accumulated and retained by the Employer, which amount, with interest earned thereon, shall be paid to the teacher during the year of leave.
- The monies retained by the Employer in accordance with Clause 57.03(a)(i) together with all monies retained by the Employer for other teachers who are participating in the plan shall be deposited in an account with the Newfoundland and Labrador Credit Union, any Canadian chartered bank, or any trust company authorized to do business in the province of Newfoundland and Labrador. The interest so earned on monies retained by the Employer in accordance with Clause 57.03(a)(i) on behalf of the participating teacher shall augment such monies.
Each year a Deferred Salary Leave Plan Committee, an equal number of representatives of the Employer and the Association, shall direct the manner in which the monies are to be invested. In making such determination, the Employer, the Association, and the members of the Committees shall not be liable to any participating teacher for the investments so specified so long as they are authorized by this Clause. - The Committees shall make an annual report to each participating teacher under this plan as to the amount of deferred salary together with interest accrued to date. The annual report shall be made no later than June 30 of any given year under the plan.
- The Board will bear the administrative expenses of the plan.
(b) While a teacher is enrolled in the plan, and not on leave, any benefits tied to salary level shall be structured according to the salary the teacher would have received had he/she not been enrolled in the plan.
While on leave, any benefits tied to salary level shall be structured according to the salary the teacher would have received in the year prior to taking the leave had he/she not been enrolled in the plan.
(c) The leave of absence may be taken in accordance with the Memorandum of Agreement between the teacher and the School Board.
57.04 Terms of Reference
(a)
- Subject to Articles 47 and 17, on return from leave, a teacher shall be given the same position or comparable position in the same school, unless it is mutually agreed between the teacher and the School Board that the teacher return to a particular position.
- Notwithstanding Clause 57.04(a)(i), on return from leave, a teacher employed in a teaching and learning assistant position shall only return to a teaching and learning assistant position.
(b) Leave under this plan shall be credited as teaching experience for purposes of (i) seniority, (ii) sick leave, (iii) increment, (iv) pension, (v) severance pay.
(c) In the event that a suitable replacement cannot be hired for a teacher who has been granted a leave, the board may defer the year of leave. In this instance, a teacher may choose to remain in the plan or may withdraw and receive any monies and interest accumulated to date of withdrawal. In the latter case, repayment shall be made within sixty (60) days of the date of withdrawal.
(d) Teachers who have their contracts terminated in accordance with Article 48 or who are laid off in accordance with Article 47 will be paid a lump sum adjustment for any monies deferred to the date of withdrawal, plus any interest earned, repayment shall be made within sixty (60) days of withdrawal from the plan.
(e)
- For those teachers who enrolled in the plan following the signing date of this Agreement, pension premiums shall be paid on the salary the teacher would have received had the teacher not entered the plan or gone on leave. These payments will be made during each year of enrolment including the year of leave and will be the normal contribution rate as required under the Newfoundland Teachers’ Pension Act. The teacher shall receive pension credits for each year including the year of leave and where applicable the payment of pension benefits shall be based upon the salary the teacher would have received had the teacher not been enrolled in the plan.
- Notwithstanding (i) above, for those teachers who enrolled in the plan prior to the signing date of this Agreement, the teacher shall continue to pay pension premiums based upon the option previously selected. Those teachers shall receive pension credits for each year enrolled on the plan, including the year of leave. Where applicable, the payment of pension benefits shall be based upon the salary the teacher would have received had the teacher not been enrolled in the plan, including the year of leave.
(f) A teacher may withdraw from the plan any time prior to April 15 of the calendar year in which the leave is to be taken.
(g) Should a teacher die while participating in the plan, any monies accumulated, plus interest owed at the time of death, will be paid to the teacher’s estate.
(h) All teachers wishing to participate in the plan shall be required to sign a Memorandum of Agreement as prescribed in Schedule D before final approval for participation will be granted.
(i) A teacher participating in the plan who is subsequently employed by another School Board, shall make the employing School Board aware of his or her participation in the plan, otherwise the leave shall not be binding on the employing School Board.
(j) Notwithstanding the initial arrangements undertaken by the teacher and the employer in accordance with Clause 57.03(a)(i), the teacher shall have the right to postpone the taking of the year of leave, subject to the provisions of the Income Tax Act and regulations, by notifying the employer not later than April 15 of the calendar year in which the leave is to be taken.
