Adjunct Faculty a nd Part Time Employees (With Considerations of the Affordable Care Act)

Lone Star College System 15-May-14

Adjunct Faculty

and

Part Time Employees

(With Considerations of the Affordable Care Act)

Ronda F. Rotelli

CHRO, Lone Star College System

Lone Star College System 2

2.25 (AND COUNTING?)

5-May-14


A.C.A.IS ANYONE ROLLING THE DICE?

5-May-14


REGULATION UPDATES(THE DRY “STUFF” TO LEVEL SET)

DISCUSSION ITEMS

• Texas State TRS and ERS Requirements

• 2013/2014 ACA Information

• Fair Labor Standards Act Considerations

5-May-14

TIAA-CREF

• Teachers Insurance and Annuity Association• Part-Time Employees (less than 20 hours per week); Contribution requirement of 6.2%

for Retirement • LSCS = 1.3% Retirement Contribution

TRS

• Teachers Retirement System • Eligible employees (20 to 29 hours/week, for minimum of ANY 18 weeks); Contribution

requirement of 6.4% for Retirement• LSCS = 6.8% Matching Retirement Contribution• Delivers Retirement Benefits as Authorized by the Texas Legislature

ERS

• Employees Retirement System (Benefits Eligibility)• Eligible employees (30+ Hours /week as defined by ACA measurement periods)• Manages and Administers the GBP

GBP

• Texas Employees Group Benefits Program• Health Coverage and Optional Coverage• Texas Insurance Code (TIC) defines eligibility for the GBP

5-May-14Lone Star College System 5


TRS INFORMATIONAS AUTHORIZED

BY THE TEXAS LEGISLATURE

FOR TEXAS PUBLIC EDUCATION EMPLOYEES

5-May-14

PART TIME EMPLOYEES(ADJUNCT AND SUPPORT STAFF)

TRS BENEFITS ELIGIBILITY

• Eligible for Teacher Retirement Benefits (TRS) if the following criteria is met:

• Employee is currently instructing/working and paid as an LSCS employee member for 20 – “converted” work hours - or more per week

• “Employment measured in semester or course hours or credits, instructional units, or any other unit representing class or instruction time is to be converted to clock hours and counted as a minimum of two clock hours for each hour of instruction.”*

• For a minimum of 18 weeks

• *(Per TRS 2013 requirements, no updates yet based on newest IRS regulations, will change to 2.25)



ERS INFORMATION(GROUP BENEFITS PROGRAM)ELIGIBILITY AS DEFINED BY THE TEXAS INSURANCE CODE -- FUNDING IS DETERMINED BY THE TEXAS LEGISLATURE

5-May-14

UPDATED REQUIREMENTS: 2014/2015 ADJUNCT ELIGIBILITYGROUP BENEFITS PROGRAM (ERS)

If employed as an Adjunct at (System), the preceding Fiscal Year ,Teaching one course in each fall and spring semester

(September 1, 20_ _ – August 31, 20_ _ )AND

If employed by contract or scheduled at the System as an Adjunct in the Academic Year of Coverage

(September 1, 20_ _ – August 31, 20_ _)For 6/12 Semester Credit Hours

*Eligibility for coverage will begin September 1, 20_ _ *


*Eligible Part-Time Adjunct Faculty members will be responsible for 100% of the premium cost for GBP.

(TIC Sec. 1551.1021 as Amended by House Bill 2127, ERS indicates effective 9/1/2014)


TEXAS 2 STEP

• Sharing between TRS Entities

5-May-14

TRS CONSIDERATIONS

• Texas Administrative Code

• Title 34: Public Finance

• Part 3: Teacher Retirement System of Texas

• Chapter 25: Membership Credit

• Subchapter A: Service Eligible for Membership

• Rule 25.6: Part-time or Temporary Employment“Part-time…or temporary employment…is eligible only if such employment, when combined with other employment in Texas public educational institutions during the same school year, qualifies as service eligible for membership or if such other employment in itself qualifies as service eligible for membership.”


ADJUNCT FACULTYDETERMINING “FULL TIME” STATUS• Based on ACA and TRS/ERS Updates

• Average of 30 work hours or more per week equals full time status

• Hours worked are based on “classroom instruction” hours

• Each “classroom” hour equates to 2.25 clock hours (2.25:1)

• Average work load of 13.33 instruction hours per week or greater, for “measurement period” will become eligible for System paid benefits, if employment is continued



SUPPORT STAFFDETERMINATION OF FULL TIME STATUS

Hours• ACA Purposes =

Average of 30 or More Hours Per Week

Period of

Time

• Based on Established Measurement Period

5-May-14

AFFORDABLE CARE ACT (ACA)(DETERMINING FT STATUS FOR CURRENT EMPLOYEES)

• Measurement Period -- The measurement or “look-back” period, is the length of time an employer must evaluate the hours worked of variable hour employees to determine whether they are eligible for health care coverage in the upcoming coverage year.

• LSCS initial measurement period will be September 1, 2013 through May 31, 2014

• Administrative Period -- Time between measurement and stability periods to make determinations, offer coverage and administer enrollments.

• LSCS initial administrative period will be June 1, 2014 through July 31, 2014 with enrollment period of August 1, 2014 to August 15, 2014

• Stability Period -- The stability period is the time during the coverage year that a variable hour employee must be guaranteed access to coverage

• LSCS initial stability period will be September 1, 2014 through May 31, 2015




EMPLOYMENT AND HIRING PRACTICES

5-May-14

FLSA REMINDERS


EMPLOYEE

POSITION FLSA STATUS

Part Time Non-Exempt X √ * X X

Full Time Non-Exempt X X X X

Full Time Exempt √ X √ √

Adjunct Exempt √ X √ ** √ **

**Total hours required for stipend assignment must be tracked.

FLSA -- Fair Labor Standards ActACA -- Affordable Care Act

TRS -- Teachers Retirement System

X = Not Eligible √ = Eligible

ADJUNCT PART TIMESTIPEND

ELIGIBILITY

*Combined Part Time Positions may not exceed 19.5 hours per week.

SUBSTITUTE


PART-TIME SUPPORT STAFF

• Current Practice • Up to 19.5 hour weeks

• May work over 19.5 hours per week, for no more than 18 weeks in an academic year

• New Requirements • Up to 19.5 hours per week

• May work up to 29 hours per week, for no more than 17 weeks in an academic year

• Time is submitted by employee daily

5-May-14

ADJUNCT EMPLOYMENT

• Current Policy (IV.B.1.01) – “May teach up to one-half full time faculty workload in an academic year.” (5 Courses)

• Updated – “ Not to exceed 9 credit hours in a semester, AND no more than 15 credit hours in an academic year.”

• Part-Time support staff positions MAY NOT be held concurrently with Adjunct Faculty positions (and vice versa)

• Requirements of Compliance is Effective January 1, 2014



PROCESSES FOR TRACKING AND VALIDATING WORK LOADS

• Discussion with DOM’s Monday for input for Technology/Just in Time reports and process for tracking

• Implement Requirement of Part-Time Support staff – Input hours worked daily

• One active job assignment only for Part-Time Support staff members for LSCS, at any given time

• Implement Accountability Requirement of Supervisor -- Validate work hours daily, cannot move hours from one week to the next

• Implement “Adjunct/Part Time Disclosure” Form and Process

5-May-14

TRACKING EXAMPLE


SEMESTER COURSECLASS

CREDIT HRSLEC/LAB HRS

PER WEEKSERVICE HOURS CALCULATION

TOTAL SERVICE HOURS/COURSE

Eligibility for TRS

Fall (16 Weeks)1) POFM 1317 - Medical Admin Support 3 2 Lec/3 Lab 5 X 2.25 11.252) POFM 1327 - Medical Insurance 3 2 Lec/3 Lab 5 X 2.25 11.25

Total: 6 22.5 NOT YET

Winter "Mini" (3 Wks) 1) GOVT 2305 3LEC - 4 HRS, 5 Days/Week 4 x 5 x 2.25 45

YES -- Effective 12/30

Total for Semester: 9 45

Spring (16 Weeks)1) BMGT 1301 - Supervision 3 LEC - 3 HRS 3 x 2.25 6.75

2) BCIS 1405 - Business Computer Applications 3 2 Lec/3 Lab 5 x 2.25 11.25

Total for Semester: 618 YES - From

12/30"May Mini" NOT ELIGIBLETotal for Academic Year: 15

Summer 1 (5 Weeks) 1) GOVT 2305 3LEC - 2 HRS, 4 Days/Week (2 x 4) x 2.25 18

YES - From 12/30

Summer 2 (5 Weeks) 1) GOVT 2305 3LEC - 2 HRS, 4 Days/Week (2 x 4) x 2.25 18

YES - From 12/30


IDEAS/IMPLEMENTATIONS

• Student Success Adjunct Assignment

• 15 Credit Hours limit from September 1 – May 31

• Tracking Charts

5-May-14


Q & A

• How will professional development classes for Adjuncts be tracked? -- On a 1:1 basis, and hours of pay will be tracked in the payroll system.

• What do we do during peak registration periods in allowing part time employees to work over 20 hours? – As long as we do not exceed 17 weeks and 29 hours per week.

• Would LSCS consider allowing FT faculty to work “triple” overloads to assist with potential adjunct limitations? -- LSCS does not support the use of triple overloads.

• Will we communicate “rules and regulations” for our part time employees regarding hours worked and additional jobs?– Yes, a formal communication will be provided as well as posted on the web page for all updates during the second week of December.

• How will “mini-mesters” and late starts be handled for tracking of hours worked? – They will be tracked according to credit hours and the 2.25:1 standard. (Reminder of the maximum loads permitted each semester)

5-May-14

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Adjunct Faculty a nd Part Time Employees (With Considerations of the Affordable Care Act)

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