Montana State University
SECTION CONTENTS

302.00  Definitions

310.00  Types of Employment Contracts
311.00    Board of Regents Policy
312.00    Board of Regents Contract
313.00    Letter of Appointment
314.00    Extension Service

320.00  Appointment to the Tenurable Academic Faculty
321.00    Tenurable Faculty

330.00  Appointment to the Nontenurable Academic Faculty
331.00    Types of Nontenurable Faculty Appointments

340.00  Research Appointments
341.00    Research Professionals with Academic Responsibilities
342.00    Research Professionals
343.00    Postdoctoral Research Associates/Postdoctoral Scholars
344.00    Research Associates

350.00  Emeritus Status
351.00   Board of Regents Policy
352.00   MSU-Bozeman Policy

360.00  Post-Retirement Employment

302.00 Definitions

"Academic Faculty" means tenurable and nontenurable employees who have responsibility for instruction and curriculum development.

"Board of Regents Contract" means an employment contract issued by Montana State University-Bozeman, with the approval of the Board of Regents. Such contracts imply that the position is a regularly budgeted part of the University's continuing operations. Unless otherwise specified, the duration of a Board of Regents contract is from July 1 of one year through June 30 of the next year.

"Letter of Appointment" means an employment contract issued by Montana State University-Bozeman which is temporary in nature and for the appointment term specified in the letter of appointment.

"Letter of Hire" means the initial letter offering a tenurable position to an employee. The letter of hire is intended as a temporary contract for the period from the date of hire until the issuance of the Board of Regents contract. The letter of hire specifies the initial terms, conditions, and expectations of the position.

"Tenurable appointment/tenurable status" means an appointment to the faculty of Montana State University-Bozeman which may lead to tenured status or to which tenured status has been awarded. It includes both tenured and tenure track appointments.

"Tenured appointment/tenured status" means an appointment to the faculty of Montana State University-Bozeman which has led to continuous appointment.

"Tenure track appointment/tenure track status", also referred to as "probationary" appointments, means an appointment to the faculty of Montana State University-Bozeman which may lead to continuous appointment.


310.00 Types of Employment Contracts

311.00 Board of Regents Policy
[BOR Policy Section 700.00 - Personnel]

POLICY

1. APPOINTMENTS TO TEACHING, RESEARCH, OR OTHER FACULTY POSITIONS AT EACH CAMPUS OF THE MONTANA UNIVERSITY SYSTEM SHALL BE IDENTIFIED TENURABLE OR NONTENURABLE. TENURABLE APPOINTMENTS SHALL BE EITHER PROBATIONARY OR TENURED.

2. NONTENURABLE APPOINTMENTS ARE FOR A SPECIFIED TERM AND EXPIRE AUTOMATICALLY WITHOUT NOTICE AT THE END OF THE TERM UNLESS RENEWED PRIOR TO EXPIRATION.

3. APPOINTMENTS AT LESS THAN FULL-TIME OR JOINT APPOINTMENTS OF TWO OR MORE INDIVIDUALS TO A SINGLE POSITION MAY NOT BE TENURABLE APPOINTMENTS.

4. SERVICE IN NONTENURABLE APPOINTMENTS DOES NOT COUNT TOWARDS PROBATIONARY SERVICE FOR TENURE.

5. AN APPOINTMENT NOT SPECIFICALLY IDENTIFIED AS TENURABLE IS A NONTENURABLE APPOINTMENT. A TENURABLE APPOINTMENT NOT SPECIFICALLY IDENTIFIED AS TENURED IS PROBATIONARY.

PROCEDURES:

1. EACH CAMPUS MAY ESTABLISH POLICIES FOR NONTENURABLE APPOINTEES REGARDING OTHER FACULTY RIGHTS AND RESPONSIBILITIES, INCLUDING VOTING. SUCH POLICIES MAY RECOGNIZE DIFFERENT CLASSES OF NONTENURABLE APPOINTMENTS (SUCH AS ADJUNCT FACULTY, ADJUNCT RESEARCH FACULTY, VISITING FACULTY, LECTURER, ETC.).

2. THE CONTRACT OR LETTER OF EMPLOYMENT FOR NONTENURABLE APPOINTEES SHOULD SPECIFY THE TERM OF THE APPOINTMENT. IN THE EVENT THE TERM IS NOT SPECIFIED IN THE CONTRACT OR LETTER, THE TERM IS CONSIDERED TO BE THE ACADEMIC TIME DIVISION (QUARTER, SEMESTER, OR SUMMER SESSION) DURING WHICH EMPLOYMENT FIRST OCCURS.

3. IF A CAMPUS WISHES TO OFFER AN APPOINTMENT TO A CONTINUING APPOINTEE OF ANOTHER CAMPUS, THE JOINT APPOINTMENT MUST BE APPROVED BY THE CAMPUS ADMINISTRATION WHERE THE FACULTY MEMBER HAS HIS REGULAR APPOINTMENT.

HISTORY: ITEM 180-001, SEPT. 11, 1961 IS RESCINDED. ITEM 16-003-R0577, APPOINTMENT OF ADJUNCT FACULTY, MONTANA UNIVERSITY SYSTEM, JULY 11, 1977. REVISED JUNE 26, 1981, MARCH 21, 1986, AND NOVEMBER 18, 1999 (ITEM 104-103-R0999).

Updated, July 1, 2000.

312.00 Board of Regents Contract - Faculty

Each year, tenurable faculty will be issued Board of Regents contracts that set forth the terms and conditions of the faculty member's employment.

313.00 Letter of Appointment

A letter of appointment is issued instead of a Board of Regents contract as follows:

  1. When the period of employment is one academic year or less. Summer session teaching is generally covered by a letter of appointment.
  2. When the continuation of the appointment is subject to the availability of funds.
  3. As an administrative convenience or as deemed appropriate by the President or designee.

314.00 Extension Service

In addition to University System appointments, Extension Service faculty may receive federal appointments in the U.S. Department of Agriculture. These appointments carry a number of Civil Service privileges and restrictions, but Extension Service workers are not Civil Service employees.


320.00 Appointment to the Tenurable Academic Faculty

Individuals are appointed to tenurable academic faculty positions at a specific rank which is awarded commensurate with the their qualifications, responsibilities and privileges. A tenurable academic faculty member's annual Board of Regents contract describes the University's contractual relation to the individual.

The tenurable academic faculty, together with individuals on nontenurable appointments, researchers with academic responsibilities, and emeritus faculty, comprise the faculty of the University.

A tenurable faculty member who is given an administrative appointment generally retains her or his academic title and, if tenured, the right to return to her or his faculty position.

(Revised July 2005)

321.00 Tenurable Faculty

Faculty members on tenurable appointments (tenure track and tenured) are issued Board of Regents contracts.

The following are designated as the ranks of the academic faculty at Montana State University-Bozeman and, effective July 1, 1995, are the only ranks associated with the process of earning tenure:

  • Professor
  • Associate Professor
  • Assistant Professor

Tenurable Academic faculty may use a title which identifies their department or discipline such as Assistant Professor of Nursing, Associate Professor of Chemistry, Professor of Landscape Architecture.

(Revised July 2005)

321.10 Faculty Handbook Definitions of the Rights and Privileges of Tenurable Faculty

This Handbook defines the rights and responsibilities of tenurable academic faculty.

(New July 2005)

321.20 Faculty Handbook References to Other Employees

This Handbook references the rights, responsibilities and policies affecting nontenurable faculty and other staff, but, in many cases, the policies and procedures affecting nontenurable faculty and other professional and administrative employees are more completely described in another handbook or policy manual such as the MSU Personnel Policies and Procedures Manual or the Board of Regents Policies and Procedures Manual.


330.00 Appointment to the Nontenurable Academic Faculty

Individuals are appointed to nontenurable positions at a specific title which is awarded commensurate with the their qualifications, responsibilities and privileges. A nontenurable faculty member's Letter of Appointment or Board of Regents contract describes the University's contractual relation to the individual.

Individuals appointed to nontenurable faculty positions are not eligible for tenure. Time in nontenurable appointments does not count towards tenure.

Individuals on nontenurable appointments, together with the tenurable academic faculty, researchers with academic responsibilities, and emeritus faculty, comprise the faculty of the University.

330.10 Rights and Privileges

Except as limited by this Handbook, The Board of Regents Policy and Procedures Manual, the MSU Personnel Policies and Procedures Manual, other MSU policy manuals, and the terms of any individual contract, nontenurable appointments carry faculty and campus privileges that pertain to tenurable academic faculty. Departments and colleges may extend to nontenurable faculty the right to vote in departmental or college meetings, serve on committees, and vote on curricular matters.

330.20 Initial Determination of Title

The title of a nontenurable faculty appointee is determined at the time of hire and is dependent upon the experience and qualifications of the appointee.  Initial assignment of title should be based on qualifications comparable to the instructional criteria and standards expected of tenurable faculty in the department.

330.30 Appointment to Multiple Year Contracts

Unless otherwise specified, the duration of a Board of Regents contract or Letter of Appointment is from July 1 of one year through June 30th of the next year.  However, because of the special needs of an academic department, an adjunct faculty member may be appointed with the expectation of renewal for multiple years.

Note:  The Board of Regents has approved a pilot policy (No. 711.3), effective July 1, 2005, allowing for multiple year contracts for a limited number of non tenure track faculty that meet specified criteria.  This pilot policy automatically expires on April 1, 2008.  (New July 1, 2005)
Final Policy adopted December 3, 2007.
BOR Policy 711.3 Multi-Year Contracts for Non-Tenure Track Faculty Effective November 17, 2007; Issued December 3, 2007]

330.40 Performance Evaluation

Faculty in nontenurable positions are to be evaluated in accordance with adopted departmental evaluation procedures as appropriate to their duties and terms of employment.

330.50 Advancement

A nontenurable faculty member who is reappointed from term to term may advance within titles in accordance with departmental policies and procedures. Criteria and standards for advancement should be comparable to the instructional criteria and standards for promotion of tenurable faculty. An individual's advancement in title must be approved by the department, college dean, and Provost and Vice President for Academic Affairs.

Advancement in title creates no additional right to reappointment from term to term.

(Revised July 1, 2005)

330.60 Termination of Employment

Except for those on multiple year contracts under the BOR pilot program, nontenurable faculty are appointed on letters of appointment. In either case (single year or multiple year contracts), nontenurable faculty positions are subject to the availability of funds. In the event that funding is not available or is not sufficient to support the position, the appointment may be terminated before the expiration of the term of the appointment.

Nontenurable faculty appointments are for a specified term and expire automatically without notice at the end of the term unless renewed prior to expiration (see MUS Policy 702.1).  There is no continuing right to reappointment to any nontenurable position, and reappointment is solely at the discretion of the University.

(Revised July 1, 2005)

331.00 Types of Nontenurable Faculty Appointments

331.10 Adjunct Appointments

The following titles are used to appoint individuals who are primarily engaged in instruction on an at-need or situational basis and are paid by the University for their services:

  • Adjunct Professor
     
  • Adjunct Associate Professor
     
  • Adjunct Assistant Professor
     
  • Adjunct Instructor

331.20 Affiliate Appointments

The following titles are used to appoint individuals to non-paid courtesy positions at the University:

  • Affiliate Professor
     
  • Affiliate Associate Professor
     
  • Affiliate Assistant Professor
     
  • Affiliate Instructor

Affiliate appointees are not paid by the University and are not eligible for University health benefits.

(Revised July 1, 2005)

331.30 Visiting Appointments

The following titles are used to appoint individuals who have academic or professional positions at other institutions or who have outstanding artistic or scholarly merit:

  • Visiting Professor
     
  • Visiting Associate Professor
     
  • Visiting Assistant Professor
     
  • Visiting Instructor
     
  • Visiting Artist

Visiting appointments are usually full time. The appointee may be paid or not paid by the University. In most cases, the title of the Visiting appointment is determined by the appointee's rank and/or title at his or her home institution.


340.00 Research Appointments

Research titles are used for individuals employed on research projects funded by grants and contracts whose primary responsibility is to contribute to the research mission of the University. Individuals appointed to the research appointments described in this section are not eligible for tenure. Time in nontenurable research appointments does not count toward tenure.

Nontenurable research employees are usually appointed on letters of appointment and are subject to the availability of funds. In the event that funding is not available or is not sufficient to support the position, the appointment may be terminated before the expiration of the term of the appointment.

Nontenurable appointments are for a specified term and expire automatically without notice at the end of the term unless renewed prior to expiration. There is no continuing right to reappointment to any nontenurable research appointment and reappointment is solely at the discretion of the University.

Except as limited by this Handbook, research appointments carry all faculty and campus privileges. Departments and colleges may extend to research appointees the right to vote in departmental meetings, serve on committees, and vote on curricular matters.

340.01 Annual Evaluation

Research appointees are to be evaluated annually in accordance with adopted evaluation procedures.

341.00 Research Professionals with Academic Responsibilities

The following titles are used for experienced, independent researchers who have qualifications comparable to those expected of the tenurable ranks; the appointee is expected to make significant contributions to the research field:

  • Research Professor
  • Associate Research Professor
  • Assistant Research Professor

Appointees to the above titles have instructional responsibilities including but not limited to advising graduate students, teaching seminars and courses, and serving on departmental or college curriculum committees.

341.01 Determination of Title

The title of a research professor appointment is determined at the time of hire and is dependent upon the experience and qualifications of the appointee. Initial assignment of title should be based on qualifications comparable to the research criteria and standards expected of tenurable faculty in the department. In exceptional circumstances, outstanding scholar-researchers of national or international repute who lack the terminal degree may be appointed to these titles. However, in most cases, a terminal degree and research experience are minimum requirements for appointment to these titles.

341.02 Advancement

Individuals who are reappointed from term to term may advance within these titles in accordance with departmental policies and procedures which are comparable to the research criteria and standards for tenurable faculty. An individual's advancement must be approved by the department, college dean, Provost and Vice President for Academic Affairs, and Vice President for Research and Creative Activities. Advancement in title creates no right to reappointment from term to term.

342.00 Research Professionals

The following titles are used for experienced researchers, engaged in on-going research projects and experiments, who have minimal or no academic or instructional responsibilities:

  • Senior Research Scientist
  • Research Scientist
  • Senior Research Engineer
  • Research Engineer

342.01 Determination of Title

The title of a research professional appointment is determined at the time of hire and is based upon her or his experience and qualifications. Initial assignment of title should be based on qualifications comparable to the research criteria and standards expected of the tenurable faculty in the department. Previous research experience and an advanced, but not necessarily a terminal, degree are required for appointment to these titles.

342.02 Advancement

Individuals who are reappointed from term to term may advance to a Senior appointment in accordance with policies and procedures developed by the department. The advancement must be approved by the department, college dean, and Vice President for Research and Creative Activities. Advancement in title creates no right to reappointment from term to term.

343.00 Postdoctoral Research Associate/Postdoctoral Scholar

The titles "Postdoctoral Research Associate" and "Postdoctoral Scholar" are used to appoint an individual who is engaged in advanced scholarship or research, frequently as part of a research team. Postdoctoral positions require a terminal degree; appointment is renewable annually for up to four years. Individuals cannot be reappointed to this title after four years of service. Postdoctoral appointees are subject to minimal supervision and are expected to publish the results of their research as a primary author. Individuals appointed as Postdoctoral Research Associates or Postdoctoral Scholars are not expected to participate in the instructional program of the University.

344.00 Research Associates

The title "Research Associate" is used to appoint individuals who perform research duties for the institution under the supervision of academic faculty or research professionals. Research associates are not expected to participate in the instructional program of the University. Appointment as a Research Associate requires the individual to have a minimum of a Master's degree with no substitution of experience for education.


350.00 Emeritus Status

351.00 Board of Regents Policy
[MUS Policy 702.7, November 18, 1999; Issued December 10, 1999]

BOARD POLICY:

1. EMERITI TITLES MAY BE GRANTED BY THE PRESIDENT OR CHANCELLOR OF A CAMPUS TO TENURED FACULTY MEMBERS UPON RETIREMENT AFTER APPROVAL BY THE BOARD OF REGENTS.

PROCEDURES:

1. EACH CAMPUS SHALL ESTABLISH POLICIES RELATING TO PROCEDURES FOR NOMINATION AND PRIVILEGES WHICH MAY ACCRUE TO PERSONS ACCORDED EMERITUS STATUS. NOTHING CONTAINED IN ANY SUCH POLICY SHALL PROHIBIT THE CAMPUS FROM RESCINDING SUCH PRIVILEGES SHOULD IT BECOME NECESSARY TO DO SO.

2. THE PRESIDENT OR CHANCELLOR OF A CAMPUS SHALL MAKE HIS RECOMMENDATION FOR EMERITUS STATUS TO THE BOARD OF REGENTS AT THE APPROPRIATE MEETING WHEN PERSONNEL RECOMMENDATIONS ARE BEING CONSIDERED.

HISTORY: ITEM 24-002-R0579, FACULTY, EMERITI, MONTANA UNIVERSITY SYSTEM, MAY 30, 1979; AS REVISED NOVEMBER 18, 1999 (ITEM 104-103-R0999).

Updated, July 1, 2000.

352.00 MSU-Bozeman Policy
[Revised May 9, 2011]

Emeritus titles at Montana State University are honors held by Associate and Full Professors with the rank of Associate or above, in recognition of the substantial and sustained contributions they have made to their discipline and to the University.  Candidates shall have served the University for a Minimum of ten years as a tenured professor.

Generally, the title “Emeritus” will be added to the academic rank held at the time of retirement for faculty.  Faculty members who hold the rank of Associate or Full Professor whose principal duty is in administration will, upon bestowal of the honor, have the title “Emeritus” added to the administrative title held at the time of retirement/tenure relinquishment.  They may also have the Emeritus title added to their academic rank:  (such as “Dean Emeritus of the College of Engineering and Professor Emeritus of Chemical Engineering”).

It is incumbent upon qualified faculty members to notify their department head of their desire to be nominated for emeritus status. The request may be made up to six months prior to the expected retirement, but not more than three years after retirement. The department head will prepare the letter of nomination and, as soon after the effective retirement date as possible, forward it through the Dean to the Provost for approval by the President and the Board of Regents, ideally in time for the next regularly scheduled Regents' Meeting. The policy applies to those who have retired since May 1, 2009.

Upon special recommendation of the Provost, particularly meritorious and distinguished tenured faculty members who do not meet the years of service requirement may be nominated for Emeritus status.   

Privileges of Emeritus Status:

Emeritus status shall entail continued campus courtesies including, but not necessarily limited to, the options to:

1.  Use library facilities.
2.  Become honorary members of the Alumni Association.
3.  Receive publications sent to active faculty and members of the Alumni Association.
4.  Use recreational facilities at a reduced rate.
5.  Participate in academic convocations, commencements, and other academic endeavors.
6.  Request that their names be retained in the University catalog, if desired, until their death.
7.  Attend, without vote, meetings of their department and college.
8.  Act as principal investigator for MSU grant proposals consistent with the policies of the Office of Sponsored programs.
9.  Request office, laboratory space, and/or secretarial help, as available.  Since the resources of the various departments vary, no university-wide policy can guarantee access.  Such accommodations may be extended to emeritus faculty with the understanding that the instructional, research, and service requirements of the tenurable faculty have priority. 
Note: Any or all privileges granted emeritus faculty may be rescinded should it become necessary to do so.


360.00 Post-Retirement Employment Policy
[MUS Policy 712.1, November 18, 1999; Issued December 10, 1999]

PREAMBLE

THE BOARD OF REGENTS OF THE MONTANA UNIVERSITY SYSTEM SUPPORTS FACULTY AND PROFESSIONAL STAFF DEVELOPMENT AND ENCOURAGES PRACTICES WITHIN THE SYSTEM WHICH CONTRIBUTE TO THAT END. A POST-RETIREMENT EMPLOYMENT POLICY IS AN OPTION WHICH SERVES THE CAMPUS, ITS FACULTY, PROFESSIONAL STAFF AND STUDENTS. SUCH A PROGRAM PROVIDES AN OPPORTUNITY FOR EXPERIENCED AND COMMITTED MEMBERS OF THE HIGHER EDUCATION COMMUNITY TO CONTINUE THEIR PROFESSIONAL RELATIONSHIP WITH THE CAMPUS EVEN THOUGH THEY HAVE CHOSEN PARTIAL RETIREMENT STATUS.

THE GUIDELINES IN THIS POLICY ARE PROVIDED AS A BASIS FOR PROGRESSIVE ACTION BY THE CAMPUSES OF THE MONTANA UNIVERSITY SYSTEM. IT IS THE DESIRE OF THE BOARD OF REGENTS THAT EACH CAMPUS IMPLEMENT A PROGRAM THAT PROVIDES FOR POST-RETIREMENT EMPLOYMENT WHEN IT SERVES THE NEEDS AND INTERESTS OF THE INDIVIDUAL AND THE INSTITUTION. SUCH ARRANGEMENTS ARE TO BE DESIGNED TO CONTINUE THE SERVICE OF THE INDIVIDUAL AS AN ACTIVE MEMBER OF THE PROFESSIONAL CAMPUS COMMUNITY.

BOARD POLICY

ANY CAMPUS OF THE MONTANA UNIVERSITY SYSTEM MAY ENTER INTO A POST-RETIREMENT EMPLOYMENT AGREEMENT WITH ANY FACULTY MEMBER OR REGENT CONTRACT STAFF EMPLOYEE. THE PURPOSE OF ESTABLISHING A POST-RETIREMENT EMPLOYMENT POLICY IS TO INCREASE THE OPPORTUNITIES FOR INDIVIDUAL FACULTY MEMBERS AND REGENT CONTRACT EMPLOYEES TO CHANGE THEIR EMPLOYMENT STATUS TO THE MUTUAL ADVANTAGE OF THE INDIVIDUAL AND THE UNIT WHERE THE INDIVIDUAL IS EMPLOYED.

THE POLICY ON POST-RETIREMENT EMPLOYMENT IS DESIGNED TO PROVIDE GUIDELINES FOR DEVELOPING A WRITTEN CONTRACT WHICH IS CONSISTENT WITH STATE LAW, STATE RETIREMENT REGULATIONS AND BOARD POLICIES. THE PROVISIONS OF THE CONTRACT SHOULD BE SUCH THAT BOTH PARTIES CAN REASONABLY BE EXPECTED TO FULFILL OBLIGATIONS CONTAINED THEREIN AND BE CONSISTENT WITH THE TRADITIONAL RELATIONSHIPS BETWEEN A FACULTY MEMBER AND HIS OR HER CAMPUS.

THE ADMINISTRATION OF THE CAMPUS IN QUESTION HAS THE RESPONSIBILITY FOR DETERMINING IF IT IS FEASIBLE TO WORK OUT AN AGREEMENT WITH THE INDIVIDUAL FACULTY MEMBER OR REGENT CONTRACT EMPLOYEE WHICH IS BENEFICIAL TO THE CAMPUS. THE WRITTEN CONTRACT SHALL BE REVIEWED BY THE COMMISSIONER AND APPROVED BY THE BOARD OF REGENTS.

PROCEDURES

UPON THE APPROVAL OF THE POST-RETIREMENT CONTRACT BY THE CONTRACT EMPLOYEE AND THE BOARD OF REGENTS, THE CONTRACT EMPLOYEE MUST RESIGN HIS OR HER POSITION. THEREAFTER, THE CONTRACT EMPLOYEE IS RESPONSIBLE FOR APPLYING TO THE APPROPRIATE RETIREMENT SYSTEM IF HE OR SHE WISHES TO OBTAIN RETIREMENT BENEFITS. TENURE TERMINATES WHEN THIS RESIGNATION BECOMES EFFECTIVE.

THE PUBLIC RETIREMENT PROVISIONS REGARDING EMPLOYEES' RETIREMENT ARE GOVERNED BY THE TEACHERS' RETIREMENT SYSTEM (TRS) AND THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS).

NOTIFICATION OF EMPLOYER

THE CONTRACT EMPLOYEE MUST REACH AN AGREEMENT WITH THE CAMPUS ADMINISTRATION AT LEAST SIX (6) MONTHS PRIOR TO RETIREMENT AND REQUEST POST-RETIREMENT EMPLOYMENT. THE CAMPUS ADMINISTRATION MAY WAIVE THE SIX-MONTH NOTIFICATION REQUIREMENT. THIS ORAL UNDERSTANDING MUST LEAD TO A WRITTEN CONTRACT WHICH IS REVIEWED BY THE COMMISSIONER AND APPROVED BY THE BOARD OF REGENTS BEFORE A CHANGE IN EMPLOYMENT STATUS BECOMES EFFECTIVE. FOR INDIVIDUALS COVERED BY A COLLECTIVE BARGAINING AGREEMENT, IN THE ABSENCE OF A UNION AGREEMENT THAT PROVIDES FOR INDIVIDUAL NEGOTIATION OF POST-RETIREMENT CONTRACTS, NO SUCH NEGOTIATIONS MAY TAKE PLACE UNTIL THE INDIVIDUAL'S RETIREMENT IS EFFECTIVE.

TERMS AND CONDITIONS

A. THE TERM OF A POST-RETIREMENT AGREEMENT SHALL BE DETERMINED ON AN INDIVIDUAL BASIS. THE INDIVIDUAL CONTRACT WILL DESCRIBE THE TERM OF THE INTENDED APPOINTMENT, NOT TO EXCEED THREE YEARS, AND, IN THE CASE OF A FACULTY MEMBER'S CONTRACT, SHALL BE SUBJECT TO REGENTS' POLICY 710.2.1 AS IF THE CONTRACT EMPLOYEE WERE A TENURED FACULTY MEMBER WITH ZERO (0) YEARS OF SENIORITY.

B. THE CONTRACT FOR POST-RETIREMENT EMPLOYMENT CAN INCLUDE ANY ONE SEMESTER, SUMMER SESSION, OR BE PRORATED OVER ANY PART OF THE FISCAL YEAR. THIS PERIOD OF EMPLOYMENT WITHIN THE YEAR MAY BE CHANGED ANNUALLY BY MUTUAL AGREEMENT.

C. THE FACULTY MEMBER SHALL BE SUBJECT TO AT LEAST ONE PERFORMANCE EVALUATION PROCESS PER CONTRACT TERM. IN OTHER REGARDS, FOR ALL POST-RETIREMENT CONTRACT EMPLOYEES THE EVALUATION PROCESS SHALL BE CONSISTENT WITH THE UNIT'S NORMAL EVALUATION PROCESS EXCEPT THAT, WHENEVER SPECIAL CONDITIONS AND CRITERIA ARE TO BE APPLIED, SUCH CRITERIA WILL BE SPELLED OUT AS PART OF THE EMPLOYMENT CONTRACT OF THE EMPLOYEE.

D. THERE IS NO GUARANTEED CONTRACT RENEWAL. ALL POST-RETIREMENT CONTRACT AGREEMENTS AUTOMATICALLY EXPIRE AT THE END OF THE TERM OF THE CONTRACT. HOWEVER, POST-RETIREMENT AGREEMENTS MAY BE RENEWED AT THE DISCRETION OF THE CAMPUS ADMINISTRATION WITH THE APPROVAL OF THE BOARD OF REGENTS DEPENDING UPON THE PROGRAMMATIC NEEDS OF THE CAMPUS AND THE EXPERTISE OF THE INDIVIDUAL EMPLOYEE. AN EMPLOYEE MUST NOTIFY THE CAMPUS ADMINISTRATION IN WRITING AT LEAST SIX (6) MONTHS PRIOR TO THE EXPIRATION OF THE POST-RETIREMENT AGREEMENT THAT HE OR SHE DESIRES TO NEGOTIATE A NEW AGREEMENT. THE CAMPUS ADMINISTRATION MAY WAIVE THE NOTIFICATION REQUIREMENT.

E. THE MAXIMUM RATE OF PAY OR TERM OF EMPLOYMENT SHALL BE IN ACCORDANCE WITH THE APPROPRIATE PUBLIC RETIREMENT SYSTEM REGULATIONS.

TERMINATION

AN EMPLOYEE MAY BE TERMINATED FOR CAUSE DURING THE PERIOD OF POST-RETIREMENT EMPLOYMENT PURSUANT TO REGENTS' POLICY 710.22.

HISTORY: ITEM 41-003-R0973, POST-RETIREMENT EMPLOYMENT; MONTANA UNIVERSITY SYSTEM (REVISED), JANUARY 30, 1984 AS AMENDED AUG. 1, 1986, SEPTEMBER 14, 1989, AND NOVEMBER 18, 1999 (ITEM 104-103-R0999).

Updated, July 1, 2000.


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