III. D. Procedure: Categories of Employment
Effective Date: March 6, 2012
Revises and Retitles: Employee Classification
Revised and Retitled: Procedure: Categories of Employment
Previous Effective Date: May 10, 2001, January 21, 2011
I.
Policy
With very limited exceptions, employees of the Technical College System of
Georgia and its associated technical colleges are members of the unclassified
service of the State Merit System (now the State Personnel Administration). By
statute, and pursuant to the intent of the General Assembly, all employees hired
on or after July 1, 1996 shall be included in the unclassified service and are
considered “at will” employees. Within the Technical College System of Georgia,
all such employees are considered to be employed “at will” unless their status is
subsequently changed through a written employment contract.
The Commissioner and/or Technical College Presidents may offer employment
contracts as provided by policy. No employment contract shall encompass a
period to exceed twelve (12) calendar months. Adjunct faculty shall not be issued
employment contracts; instead, terms and conditions of employment shall be
articulated in a memorandum/letter of agreement. No such agreement shall
exceed a single academic term and adjunct faculty are not permitted to work
between academic terms.
If tenure was conferred on an employee prior to or at the time of conversion of a
technical college/institute from operation by a local board of education to state
control, he/she shall retain tenure unless he/she later accepts a promotion or
transfers to a different position (at his/her college) or, accepts a position at
another technical college or the TCSG System Office. NOTE: The Technical
College System of Georgia does not confer tenure upon its faculty.
The employment status of those employees who were members of the classified
service on July 1, 1996 shall be governed by Technical College System of
Georgia (TCSG) policies/procedures and State Personnel Board Rules; in
particular, the provisions of the Rules pertaining to Adverse Employment Actions
and Intra-Agency Appeals.
Provided an applicant meets all pre-employment hiring requirements as
stipulated by applicable State Board of Technical and Adult Education policies
and procedures, he/she may be appointed to a full- or part-time position at the
TCSG System Office or at an technical college in one of the following
employment categories: Regular Appointment; Regular, Part-Time Appointment;
Temporary Appointment; Adjunct Faculty Appointment; or, Federal/College Work
Study Student Appointment.
II.
Applicability:
All technical colleges associated with the Technical College System of Georgia.
III.
Related Authority:
O.C.G.A.§ 45-20-1 et.seq.
O.C.G.A.§ 34-7-1
State Personnel Board Rules (General)
State Personnel Board Rules (Flexible Benefits Program)
Teachers Retirement System Board of Trustee Rules
Employees’ Retirement System Board of Trustee Rules
State Health Benefit Plan Rules
State Board of the Technical College System of Georgia Procedure III.U.12.
26 CFR Part 31 – Internal Revenue Service/Department of Treasury 26 CFR Part 31.3121(b)(10), Internal Revenue Code
IV.
Definitions:
Academic Term: a division of an academic year during which a technical
college holds classes, e.g., quarter, semester, mini-mesters, etc.
Adjunct Faculty: a temporary, time-limited appointment generally reserved for
individuals whose primary employment is with another state agency or TCSG
technical college or System Office, the University System of Georgia, a private
employer or non-profit organization, educational entity, or with a non-instructional
work unit of a current employee’s technical college. Professional credentials
required for appointment as full-time faculty will be required for appointment in
this capacity. The employee’s appointment encompasses a single academic term
and corresponding terms and conditions of employment are outlined in a
memorandum/letter or agreement. Work entails the delivery of academic
instruction for one or more assigned course(s) in one or more technical
college(s).
“At will”: employees considered to be “at will” employees may be discharged or
may quit for any reason not specifically prohibited by law. The presumed duration
of an indefinite period of employment is generally considered the length of the
first pay period. At the end of this period, the employer or employee may end the
employment relationship “at will”.
Classified Service: an employment status which confers certain rights of appeal
as promulgated in State Personnel Board Rules. The classified service includes
those employees of state departments/agencies (as defined in O.C.G.A. 45-20-1
et.seq.) who were in the classified service as of June 30, 1996, and who have
remained in classified positions without a break-in-service since that date.
ERS Covered Employer: a State department or agency participating in the
Employees’ Retirement System of Georgia (ERS) to include the Technical
College System of Georgia and its associated technical colleges as well as
colleges and universities associated the with Board of Regents.
FICA – Medicare: the portion of the FICA (Federal Insurance Contributions Act)
tax dedicated to support Medicare – the social insurance program administered
by the U.S. Government to provide health insurance coverage to individuals age
65 and over, or those who meet other special criteria.
FICA - OASDI: the Social Security portion of the FICA (Federal Insurance
Contributions Act) tax dedicated to Old-Age, Survivors, and Disability Insurance.
Professional Laboratory Assistant: a temporary, time-limited appointment
reserved for individuals possessing appropriate professional qualifications to
independently direct student instructional activities in support of teaching faculty
in an assigned academic program area. The appointment encompasses a single
academic term and corresponding terms and conditions of employment are
outlined in a memorandum/letter of agreement.
TRS Covered Employer: includes colleges and universities associated with the
Board of Regents; the State Department of Education; local Boards of Education,
charter schools and RESA’s (Regional Educational Service Agencies); and, the
Technical College System of Georgia as its associated technical colleges.
Unclassified Service: is defined as employment “at will” and includes all
employees except those in the classified service as defined in O.C.G.A. 45-20-1
et.seq.
V.
Attachments
N/A
VI.
Procedure:
A. Categories of Employment:
1. Regular Appointment: Individuals hired in this capacity are considered fulltime, benefits eligible, receive a monthly or semi-monthly salary, and are
expected to be employed for a continuous period of nine (9) or more
calendar months. Regular appointments entail a work commitment of thirty
(30) or more hours per week.
NOTE: An individual appointed to a full-time faculty position which
encompasses only nine (9) nine or (10) ten calendar months given the
academic program of assignment shall receive a pro-rated salary which
covers a twelve (12) month period. A similar administrative process
governs the transition of a current faculty member from a twelve (12)
month period of employment to a nine (9) or ten (10) month period of
employment. Staff working under this arrangement shall receive a reduced
monthly salary for twelve (12) months.
2. Regular, Part-time Appointment: Individuals hired in this capacity (which
may include faculty), receive a monthly or semi-monthly salary and have a
work commitment of at least twenty (20) but no more than twenty-nine (29)
hours each work week for a period of nine (9) or more calendar months.
Individuals are eligible for pro-rated leave accrual and, with limited
exceptions, are eligible for membership in the Teachers Retirement
System of Georgia as referenced in Paragraph VI.C.
3. Temporary Appointment: An individual hired in this capacity is not benefits’
eligible, does not accrue leave, and is not eligible for membership in the
Teachers Retirement System of Georgia and may not become a regular
member of the Employees’ Retirement System of Georgia. Instead, the
employee must participate in the Employees’ Retirement System’s
Georgia Defined Contribution Plan unless he/she is otherwise excluded by
law.
Types of temporary positions/appointments based on hours worked and
the anticipated period of employment is as follows:
a. An hourly-paid employee may work for an indefinite period provided
he/she works less than twenty (20) hours per week.
b. An hourly-paid employee working in a TRS non-covered position (i.e.,
non-supervisory custodial, maintenance, food service and security
positions) may work up to twenty-nine (29) hours per week for an
indefinite period.
c. An hourly-paid employee who works sporadically (either full- or parttime), but on a reoccurring, as needed, basis during an academic term.
d. An hourly-paid employee who regularly works between twenty (20) and
forty (40) hours per week for a period not to exceed nine consecutive
calendar months. When an employee has reached 9 consecutive
months of service, inclusive of any break(s) between academic terms,
the individual must be removed from the payroll and separated from
employment for a period of at least thirty (30) calendar days before
becoming eligible for re-employment in a temporary position.
4. Adjunct Faculty Appointment: An individual hired in this capacity may be
compensated on an hourly or lump sum payment basis. Employees are
not benefits’ eligible, do not accrue leave, and are not eligible for
membership in the Teachers Retirement System of Georgia and may not
become a regular member of the Employees’ Retirement System of
Georgia. Instead, an employee must participate in the Employees’
Retirement System’s Georgia Defined Contribution Plan unless he/she is
otherwise excluded by law.
Adjunct faculty may work for more than one technical college during an
academic term. Pay delivery for an adjunct faculty member working for
more than one technical college is governed by the provisions of State
Board of Technical and Adult Education Procedure III.U.12. (i.e., Other
Employment). Adjunct faculty are considered exempt from the Fair Labor
Standards Act.
5. Federal/College Work Study Student Appointment: Appointments in this
employment category are governed by applicable Internal Revenue
Service, Department of Treasury, and Social Security Administration
guidelines as they pertain to the student FICA exception. An individual
hired in this capacity is considered a “temporary” employee and must work
no more than 20 hours per week when enrolled as a student during any
academic term.
To have status as a student under these provisions, the employee must be
pursuing a course of study (i.e., enrolled in and regularly attending classes
in pursuit of an educational credential) and his/her services (i.e.,
employment) must be incident to and for the purpose of pursuing the
course of study. An individual is considered a student if education, not
employment, is the predominant aspect of the employee’s relationship with
the college. Student status for the FICA exception is determined each
academic term.
This category of employee is not benefits’ eligible and does not accrue
leave. In addition, these employees are specifically exempted from
participation in the Georgia Defined Contribution Plan provided the
appointment is consistent with applicable Internal Revenue Service (IRS)
student exclusion criteria.
To ensure compliance with IRS guidelines, the employment status of a
Federal/College Work Study Student employee referenced above must be
modified to an hourly paid worker (i.e., Casual Hourly Worker) if any of the
following conditions are present:
1. Employment continues during a break between academic terms if the
break exceeds five (5) weeks in duration;
2. When the student employee’s course load no longer qualifies him/her
as at least a half-time student; or,
3. When the student employee’s work week exceeds 20 or more hours
when classes are in session.
6. Professional Laboratory Assistant Appointment: An individual hired in this
capacity is compensated on an hourly basis and may work up to forty (40)
hours per week. Employees are not benefits eligible, do not accrue leave,
are not eligible for membership in the Teachers Retirement System of
Georgia, and may not become a regular member of the Employee’s
Retirement System of Georgia. Instead, an employee must participate in
the Employees’ Retirement System’s Georgia Defined Contribution Plan
unless he/she is otherwise excluded by law.
B. Benefits Eligibility and Leave Accrual:
1. Regular employees are eligible to participate in the State Health Benefits
Plan, the Flexible Benefits Plan, and earn leave at rates established in
State Personnel Board Rule 16. Faculty members whose period of
employment is nine (9) or ten (10) calendar months in length and whose
salary is pro-rated over a twelve (12) month period shall not earn leave
during the months they do not work. They will, however, continue to have
deductions taken for all benefits’ selections.
2. Regular, Part-time employees are not eligible to participate in the State
Health Benefits Plan or the Flexible Benefits Plan. These employees are
eligible for pro-rated leave accrual based on their hours worked consistent
with applicable provisions of State Personnel Board Rule 16.
3. Temporary employees, Adjunct Faculty, and Professional Laboratory
Assistants are not benefits eligible and cannot participate in the State
Health Benefit Plan or the Flexible Benefits Plan. They do not earn leave,
but are required to participate in the Georgia Defined Contribution Plan as
administered by the Employees’ Retirement System of Georgia (unless
specifically excluded by law) and deductions are taken for the Medicare
portion of FICA.
4. Federal/College Work Study Student employees are not benefits eligible
and cannot participate in the State Health Benefits Plan or the Flexible
Benefit Plan. They do not earn leave and are not required to participate in
the Georgia Defined Contribution Plan or have deductions taken for FICAOASDI or FICA-Medicare, provided they meet the standards referenced in
Paragraph VI.A.5. Unlike Federal Work Study Student employees, College
Work Study Student employees are subject to deductions for State
Unemployment tax.
C. Retirement System Membership Eligibility
1. With limited exceptions, a regular employee is eligible, upon appointment,
to become a member of either the Teachers Retirement System of
Georgia (TRS) or, if his/her regular work week is at least thirty-five (35)
hours in length, the Employees’ Retirement System of Georgia (ERS). As
referenced in Policy III.U.5., an employee’s decision, once made, is
irrevocable for the duration of his/her employment with the Technical
College System of Georgia. Faculty members whose period of
employment is nine (9) or ten (10) calendar months in length and whose
salary is pro-rated over a twelve (12) month period shall continue to have
deductions taken for retirement.
NOTE: Given the above provision, a TCSG retiree who is receiving
retirement benefits from TRS or ERS may not be re-employed in a fulltime capacity working more than thirty-five (35) hours per week and
become a member of the other retirement system.
2. A Regular, Part-time employee is eligible, upon appointment, to become a
member of TRS.
3. Temporary employees, Adjunct Faculty, and Professional Laboratory
Assistants must, as a condition of employment, become members of the
Georgia Defined Contribution Plan unless otherwise excluded by law.
D. Hiring Restrictions Involving a State of Georgia Retiree
1. Employees’ Retirement System of Georgia (ERS) Retirees:
a. A retiree (other than a disability retiree) of the Technical College
System of Georgia (TCSG) or any other ERS covered employer who is
receiving retirement benefits from ERS may return to employment in an
hourly-paid capacity with the TCSG System Office or in an hourly-paid
or adjunct faculty capacity with a technical college. As provided by
ERS regulations, the retiree is limited to no more than 1,040 hours of
work during any calendar year and may not return to work with a
covered employer during the calendar month following his/her
retirement. If a retiree works more than 1,040 hours during any
calendar year his/her retirement benefits will be suspended.
A retiree who retired under Early Retirement provisions (i.e., prior to
Normal Retirement Age as defined by ERS Rules) is not permitted to
return to work for two (2) calendar months after his/her retirement. The
member’s employer must certify that there is no agreement in place
with the employee prior to his/her retirement date to return to State
employment. For all other retirees, any return to employment with a
covered employer cannot take place during the first calendar month
after retirement.
2. Teachers Retirement System of Georgia (TRS) Retirees:
a. Before returning to work in a TRS covered position, a retiree must have
a break-in-service of at least one (1) calendar month;
b. A retiree from another TRS covered employer may return to work with
the TCSG System Office or a technical college in a full-time capacity
and elect membership in ERS without jeopardizing his/her retirement
benefits provided he/she works a minimum of thirty-five (35) hours per
week. The election must be made within thirty (30) days of beginning
employment.
c. A TRS retiree returning to employment in the TCSG System office or a
technical college in a part-time, hourly paid capacity can work up to the
maximum number of hours each calendar month as determined by
TRS.
d. A TRS retiree returning to employment in the TCSG System Office or a
technical college in a part-time, salaried position can only receive fortynine percent (49%) of the normal monthly contracted compensation for
the position held. Additionally, the employment cannot exceed fortynine (49%) percent of the full-time status of the position held.
e. A TCSG retiree can be employed temporarily in a full-time position for
no more than three (3) months in a fiscal year and continue to receive
his/her monthly benefit payments. The full-time position must be paid
at the normal contracted compensation.
f. A TRS retiree can be employed as Adjunct Faculty on an unlimited
basis during an academic term without jeopardizing his/her retirement
benefits.
VII.
Records Retention
N/A