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 5-May-14 1 2.25 (AND COUNTING?) Lone Star College System 5-May-14 2 A.C.A. IS ANYONE ROLLING THE DICE? Lone Star College System 5-May-14 3 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 Lone Star College System 5-May-14 4 TIAACREF TRS ERS GBP • 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 • 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 • Employees Retirement System (Benefits Eligibility) • Eligible employees (30+ Hours /week as defined by ACA measurement periods) • Manages and Administers the GBP • Texas Employees Group Benefits Program • Health Coverage and Optional Coverage • Texas Insurance Code (TIC) defines eligibility for the GBP Lone Star College System 5-May-14 5 TRS INFORMATION AS AUTHORIZED BY THE TEXAS LEGISLATURE FOR TEXAS PUBLIC EDUCATION EMPLOYEES Lone Star College System 5-May-14 6 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) Lone Star College System 5-May-14 7 ERS INFORMATION (GROUP BENEFITS PROGRAM) ELIGIBILITY AS DEFINED BY THE TEXAS INSURANCE CODE -- FUNDING IS DETERMINED BY THE TEXAS LEGISLATURE Lone Star College System 5-May-14 8 UPDATED REQUIREMENTS: 2014/2015 ADJUNCT ELIGIBILITY GROUP 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_ _ * (TIC Sec. 1551.1021 as Amended by House Bill 2127, ERS indicates effective 9/1/2014) *Eligible Part-Time Adjunct Faculty members will be responsible for 100% of the premium cost for GBP. Lone Star College System 5-May-14 9 TEXAS 2 STEP • Sharing between TRS Entities Lone Star College System 5-May-14 10 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.” Lone Star College System 5-May-14 11 ADJUNCT FACULTY DETERMINING “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 Lone Star College System 5-May-14 12 SUPPORT STAFF DETERMINATION OF FULL TIME STATUS Hours • ACA Purposes = Average of 30 or More Hours Per Week Period of Time • Based on Established Measurement Period Lone Star College System 5-May-14 13 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 Lone Star College System 5-May-14 14 Lone Star College System 5-May-14 15 EMPLOYMENT AND HIRING PRACTICES Lone Star College System 5-May-14 16 FLSA REMINDERS EMPLOYEE ADJUNCT PART TIME SUBSTITUTE STIPEND ELIGIBILITY 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 √** √** *Combined Part Time Positions may not exceed 19.5 hours per week. **Total hours required for stipend assignment must be tracked. FLSA -- Fair Labor Standards Act ACA -- Affordable Care Act TRS -- Teachers Retirement System X = Not Eligible Lone Star College System √ = Eligible 5-May-14 17 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 • Time is submitted by employee daily May work up to 29 hours per week, for no more than 17 weeks in an academic year Lone Star College System 5-May-14 18 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 Lone Star College System 5-May-14 19 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 Lone Star College System 5-May-14 20 TRACKING EXAMPLE SEMESTER Fall (16 Weeks) COURSE 1) POFM 1317 - Medical Admin Support 2) POFM 1327 - Medical Insurance CLASS CREDIT HRS LEC/LAB HRS SERVICE HOURS PER WEEK CALCULATION TOTAL SERVICE HOURS/COURSE 3 2 Lec/3 Lab 5 X 2.25 11.25 3 6 2 Lec/3 Lab 5 X 2.25 Total: 11.25 22.5 Winter "Mini" (3 Wks) 1) GOVT 2305 Total for Semester: 3 9 Spring (16 Weeks) Total for Semester: "May Mini" Total for Academic Year: LEC - 4 HRS, 5 Days/Week 4 x 5 x 2.25 45 45 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 18 6 Eligibility for TRS NOT YET YES -Effective 12/30 YES - From 12/30 NOT ELIGIBLE 15 Summer 1 (5 Weeks) 1) GOVT 2305 3 LEC - 2 HRS, 4 Days/Week (2 x 4) x 2.25 18 YES - From 12/30 Summer 2 (5 Weeks) 1) GOVT 2305 3 LEC - 2 HRS, 4 Days/Week (2 x 4) x 2.25 18 YES - From 12/30 Lone Star College System 5-May-14 21 IDEAS/IMPLEMENTATIONS • Student Success Adjunct Assignment • 15 Credit Hours limit from September 1 – May 31 • Tracking Charts Lone Star College System 5-May-14 22 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) Lone Star College System 5-May-14 23