This Agreement is entered into by and between the Board of Trustees, Minnesota State Colleges and Universities hereinafter called the Employer, and the Inter Faculty Organization, hereinafter called the IFO.

ARTICLE 2

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Equal Opportunity and Non-Discrimination

Section A. Employer Responsibility. The Employer accepts its responsibility to insure equal opportunity in all aspects of employment for all qualified persons regardless of race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, marital status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board policy.

Section B. IFO Responsibility. The IFO accepts its responsibility as exclusive bargaining representative, and agrees to represent all faculty members in the bargaining unit without discrimination as to race, creed, religion, color, national origin, age, disability, reliance on public assistance, sex, marital status, sexual orientation/affectional preference, or any other class or group distinction, as set forth by state or federal anti-discrimination laws, or in Board policy.

Section C. Affirmative Action Plan.

Subd. 1. The Employer shall have an Affirmative Action Plan that is uniform in application throughout the Minnesota state universities. The IFO shall have the right to meet and confer on the provisions and procedures of the Plan. The employer and the IFO are both firmly committed to affirmative action.

Subd. 2. Americans With Disabilities Act. Whenever the employer or President/designee determines to take actions within the faculty bargaining unit which are necessary for the reasonable accommodation of any qualified disabled individual to effectuate compliance with the Americans with Disabilities Act, or other applicable law prohibiting discrimination on the basis of disability, he/she shall first discuss the action with the affected department/unit. In these decisions, all participants shall adhere to the rules pertaining to confidentiality.

Subd. 3. Processing Allegations of Discrimination and Final Jurisdiction. The IFO recognizes the employer’s obligation to take timely and appropriate action with regard to allegations and findings of discrimination. This includes the employer’s obligation to establish procedures for investigation of discrimination complaints. The IFO shall have the right to meet and confer on the procedures established by the employer. The employer recognizes the IFO’s obligation to fully represent bargaining unit employees when asked by employees to do so. The parties recognize that final jurisdiction for resolving claims of discrimination is vested in various state and federal agencies and the courts.

Subd. 4. Voluntary Mediation of Disputes. The IFO and the Employer agree to offer a voluntary mediation option for resolution of allegations of discrimination.

Section D. Association Membership. There shall be no discrimination by the Employer or the Administration because of membership or non-membership in the IFO, or because of activities on behalf of the IFO, nor shall any attempts be made to discourage or encourage membership in the IFO.

ARTICLE 3

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Recognition

Section A. Recognition. Pursuant to the Minnesota Public Employment Labor Relations Act of 1971, as amended, the Employer recognizes the Association as the exclusive representative in the appropriate unit as described in the decisions of the Bureau of Mediation Services in the cases 72-PR-180-A, 73-PR-414-A, and 73-PR-431-A dated January 24, 1975; and the Bureau of Mediation decision in cases 72-PR-180-A, 73-PR-414-A and 73-PR-431-A dated April 24, 1975, case 80-PR-1305-A dated June 30, 1980; and case 83-PR-1218-A dated September 9, 1983.

Section B. Exclusive Right. The Employer will not meet and negotiate relative to those terms and conditions of employment subject to negotiations with any employee groups or organizations composed of employees covered by this Agreement except through the Association.

Section C. Unit Disputes. The parties will attempt to resolve disputes over bargaining unit inclusion or exclusion of new or revised positions. In the event the parties fail to reach agreement within thirty (30) days as to the inclusion or exclusion of such positions, either party may refer the matter to the Bureau of Mediation Services for determination.

ARTICLE 4

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Academic Freedom

Section A. Policy. It shall be the policy of MnSCU to maintain and encourage full freedom, within the law, of inquiry, teaching, and research. The Employer shall not discriminate against a faculty member for engaging in political activities or holding or voicing political views, so long as the exercise of this right does not interfere with responsibilities as a faculty member.

Section B. Prohibition. The Employer agrees not to use any mechanical or electronic listening or recording devices except with the faculty member’s express consent, and to inform the IFO if that consent is given; provided, however, that nothing herein shall be construed to preclude the recording and/or transcription by court reporter of formal proceedings, including arbitration, where a record or minutes are customarily maintained. Both the Employer and the IFO agree that neither may unilaterally record or transcribe, by court reporter, contract negotiation sessions or grievance meetings, including those at the universities, without the written consent of the other party.

Section C. Faculty Rights, Responsibilities and Obligations. In the exercise of academic freedom, the faculty member may, without limitation, discuss his/her own subject in the classroom; he/she may not, however, claim as his/her right the privilege of persistently discussing in the classroom any matter which has no relation to the course subject. In extramural utterances, the faculty member has an obligation to not represent himself/herself as an institutional spokesperson, unless so designated by the President.

Section D. Research and Publication. A faculty member is entitled to full freedom in research and in the publication of results, so long as he/she fulfills the requirements of his/her other academic duties.

ARTICLE 5

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Definitions

Section A. Service. When a written notice or a written response is required to be given under the terms of this Agreement, such notice or response shall be made by personal service or service by first class mail. Personal service shall be deemed complete when the notice or response is handed to or receipted by the party to whom directed. First class mail shall be deemed complete and sufficient service upon mailing to the last home address of the faculty member contained in the official personnel file.

Section B. P.E.L.R.A. P.E.L.R.A. shall mean the Minnesota Public Employment Labor Relations Act of 1971, as amended.

Section C. Employer. Employer shall mean the Board of Trustees of the Minnesota State Colleges and Universities, also referred to as MnSCU.

Section D. Administration. Administration shall mean the Chancellor of the Minnesota State Colleges and Universities, university presidents, and designees.

Section E. Employee(s), Faculty and Faculty Member. Employee or Faculty Member shall mean a member of the appropriate unit as described in this Agreement. Employees or Faculty shall mean all members of the appropriate unit as described in this Agreement.

Section F. IFO. IFO shall refer to the exclusive representative.

Section G. Association. Association shall mean the local IFO chapters (Faculty Associations) at each university.

Section H. President. President shall refer to the presidents of each university.

Section I. Chancellor. Chancellor shall refer to the Chancellor of the Minnesota State Colleges and Universities.

Section J. Board of Trustees of the Minnesota State Colleges and Universities. Board of Trustees of the Minnesota State Colleges and Universities or Board shall mean the Board of Trustees of the Minnesota State Colleges and Universities.

Section K. Meet and Confer. Meet and Confer shall mean the exchange of views and concerns between employers and their respective employees at meetings scheduled for this purpose in accordance with Article 6 of this Agreement and the applicable provisions of P.E.L.R.A.

Section L. Meet and Negotiate. Meet and Negotiate shall mean the performance of the mutual obligations between MnSCU and the IFO to meet at reasonable times, including where possible, meeting in advance of the budget making process, with the good faith intent of entering into an agreement on terms and conditions of employment without compelling either party to agree to a proposal or to make a concession.

Section M. Academic Year. Academic Year is defined as beginning with the start of fall semester and ending with the completion of spring semester.

Section N. Duty Day. Duty Day shall mean a day included in the university calendar or individual faculty member's contract on which a faculty member engages in duties as described in this Agreement.

Section O. Immediate Supervisor. Immediate Supervisor shall mean a Dean or other individual, not a member of the bargaining unit, who has supervisory authority over faculty.

Section P. Program. Program shall mean units in which a major and/or minor area of curricular study is normally available.

Section Q. Recommendation. When the contract requires or provides for a recommendation on a personnel action, the recommendation must include written reasons and must be signed and dated by the person or persons who make said recommendation.

Section R. Days. Days means calendar days excluding Saturday, Sunday, and legal holidays as defined by Minnesota Statutes. Where the Agreement sets a specific date, and that date falls on a Saturday, Sunday or holiday on which the University or Chancellor’s Office is closed, the due date shall fall on the next regular business day.

Section S. Minnesota State Colleges and Universities System (or MnSCU) or System. System or Minnesota State Colleges and Universities System shall mean System of Minnesota State Colleges and Universities (also known as MnSCU).

Section T. Presidential Designee. Whenever allowed by this Agreement, the use of a designee by the President shall in no way abrogate the responsibility and accountability of the President for the decisions made by the designee. Within thirty days of signing this Agreement, each President will furnish the IFO and the local Association a list of his/her appropriate designees. A President may revise his/her list of designees after the Association has been provided an opportunity to meet and confer in accordance with Article 6. In the event of a new President being appointed, he/she will submit a list of designees within thirty (30) days of assuming office. No member of the bargaining unit shall be a presidential designee.

Section U. Just Cause. Just Cause as used in this Agreement means that there must be reasons for disciplinary action and that the action taken must be commensurate with the severity of the offense.

Section V. Resident Faculty. Resident faculty at Metropolitan State University shall be those faculty appointed as fixed-term, probationary or tenured faculty.

Section W. Domestic Partner. Domestic partner shall mean domestic partner as defined by the Department of Employee Relations.

Section X. Cohort. A group of students, committed to an academic program, who take the same courses at the same time and location with the same instructor(s) throughout the program. Courses provided by alternative delivery modes, such as ITV or web-based instruction, are considered to be delivered in the same location.

ARTICLE 6

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Association Rights

Section A. Dues Check-Off.

Subd. 1. The Employer agrees to cooperate with the Department of Finance and the IFO in facilitating the deduction of membership dues established by the IFO from the salary of each faculty member who has authorized such deduction in writing. The aggregate deductions of all faculty members shall be remitted together with an itemized statement to the IFO office no later than fifteen (15) calendar days following the end of each payroll period.

Subd. 2. In accordance with Minnesota Statutes, the IFO may request the Employer to check off a Fair Share fee for each member of the unit who is not a member of the IFO.

Subd. 3. The IFO agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer by a faculty member as a result of any action taken in accordance with the provisions of this Section.

Section B. Meet and Confer

Subd. 1. State IFO Meet and Confer. The IFO shall have the right to meet and confer with the Board or designee(s) pursuant to Minnesota Statutes §179A.08.

Arrangements for meet and confer sessions with the Board shall be in accordance with established Board procedures for meetings. If the meet and confer session is with the Board’s designee the procedure shall be as follows.

A mutually acceptable time and place for such conferences shall be arranged upon request of either party. The Employer shall provide the facilities. A written agenda and pertinent materials shall be submitted by the party requesting the meeting at least fourteen (14) calendar days in advance of the scheduled meeting date. Additional matters may be placed on the agenda upon notice of either party. When the subject of meet and confer involves any one of the areas provided below, the other party shall have the right whenever possible to ten (10) days from the time of the meet and confer in which to respond to the party who has placed the item on the agenda. The IFO shall have the right to make policy recommendations including but not limited to the following areas: budget planning and allocations, programs and program development, long-range planning, and development of campus facilities. Such recommendations may be made at meet and confer sessions, or by presentations at meetings of the Board. Also, subject matters for meet and confer meetings may include matters such as implementation of this Agreement. Nothing in this Section shall be construed to preclude other components of the university or System from making policy recommendations. The IFO President and the Chancellor shall confer on the need for faculty to serve on System-level committees, after which the IFO shall appoint the faculty By mutual agreement between the IFO President and the Chancellor, the Chancellor in his/her discretion may appoint an agreed-upon number of additional faculty members to serve ex officio as resource persons based on professional expertise.

Subd. 2. University Meetings. The Association may establish a local committee to meet and confer with the President, or when the President is not on campus, his/her designees, at least monthly for the purpose of discussing matters of mutual concern. Additional committees which deal with meet and confer issues or which are appointed via the meet and confer process may be established as mutually agreed to by the Association and the President. The Association and the President shall confer on the need for faculty to serve on college and university-level committees, after which the Association shall appoint the faculty. By mutual agreement between the Association and the President, an agreed-upon number of additional faculty members may be appointed by the President to serve ex officio as resource persons based on professional expertise. Faculty members appointed to committees in an ex officio capacity will not serve as representatives of other faculty.

The Administration shall provide the facilities and set a mutually acceptable time and place for such conferences upon request of either party. A written agenda shall be submitted by the party requesting the meeting whenever possible at least five (5) duty days in advance of the scheduled meeting. Additional matters may be placed on the agenda upon notice by either party. When the subject of meet and confer involves any one of the areas provided below, the other party shall have the right to ten (10) duty days from the time of the meet and confer in which to respond in writing. Implementation of new policies or changes in existing policies affecting any of the listed areas shall not occur until the opportunity to meet and confer and respond to the proposals has been provided to the Association. Either party may request a meet and confer for a response, the meeting to be held ten (10) duty days after the meet and confer session at which the topic was introduced. In such case no action shall be taken on the topic under consideration prior to the conclusion of this second meet and confer.

Failure of the Association to meet and confer or to respond shall not prevent the Administration from implementing decisions. The Association shall have the right to make policy recommendations, including but not limited to the following areas: curriculum; evaluation of students; graduation requirements; admission policies; budget planning and allocations; the reallocation of vacant positions that had previously been filled by tenured or probationary faculty members from one department or program to another; programs and program development; long-range planning; development of campus facilities and procedures for the selection of personnel.

Also, subject matters for meet and confer meetings may include matters such as implementation of this Agreement. Nothing in this Section shall be construed to preclude other components of the university or System from making policy recommendations.

Section C. Information. The Employer and Administration agree to provide the IFO and Association with information pertaining to the System and university budgets, both present and proposed, and statistical/financial or other information necessary for the negotiation and implementation of collective bargaining agreements or the processing of grievances. Such information shall be supplied, as it becomes available, to the IFO and Association, upon its written request, and within a reasonable time thereafter. This shall include monthly reports of additions and deletions to the unclassified payroll. It is understood that this Section shall not be construed to require the Employer to compile information and statistics in the form requested which are not already compiled in such form, unless mutually agreeable.

Section D. Communications. In each building containing offices assigned to members of the bargaining unit, the Administration shall set aside appropriate bulletin board space for IFO or Association use. Subject to applicable laws and policies of the Employer and/or the State of Minnesota, the IFO or Association shall have the right to use campus e-mail, Internet access, and the university distribution mail service for disseminating information and communicating with faculty members. This provision shall not be construed to permit the IFO or Association to establish web-pages on the Employer’s electronic resources or make other similar use of those resources.

Section E. Copies of Agreements. The Employer shall print and distribute final copies of the Agreement to all members of the appropriate unit within forty-five (45) days after execution and legislative or legislative commission approval.

Section F. Association Membership. The Employer and Administration hereby agree that all employees of the System in this bargaining unit shall have the right to organize freely, join and support the IFO and/or the Association for the purpose of engaging in collective bargaining.

Section G. IFO/Association Business. Duly authorized representatives of the IFO/Association shall be free to transact official IFO/Association business necessary to the performance of IFO/Association responsibilities to bargaining unit members, including grievance representation activities. Such business may be conducted on the campuses at reasonable times so long as it does not interfere with the normal functioning of the university.

Section H. Release Time.

Subd. 1. Release Time for IFO President. Upon request of the IFO, the IFO President shall be granted release time from his/her university assigned workload in the amount requested. In the event that the amount of release time is less than full time, the scheduling and amount of release time shall be subject to mutual agreement between the affected university, the IFO, and the faculty member.

The IFO shall reimburse the university at the applicable minimum adjunct rate set forth in Article 11, for the amount of release time granted.

In addition, upon request of the IFO, the IFO President shall be granted up to sixty (60) extended duty days to fulfill his/her duties as IFO President. The IFO shall reimburse the university for the full cost of the IFO President’s wage and benefit package for each such day.

Subd. 2. Other Release Time. Upon request of the IFO, the Employer shall afford release time to a maximum of two hundred (200) semester credit hours, to IFO or Association officers for purposes of conducting duties at the state or local level. The IFO shall reimburse the Employer for such release time at the applicable minimum adjunct rate set forth in Article 11 for the release time granted for the first one hundred thirty-three (133) credit hours and the actual replacement cost of the salary and benefits for any additional hours of the release time granted. The total payment by the IFO to the Employer shall not exceed the total actual replacement costs.

Subd. 3. The Association shall notify the President by August 1 yearly as to the number of credits of release time to be used for the academic year.

Section I. Sabbatical. Upon returning to his/her university, a faculty member who has served as IFO President shall be given the right to a one (1) semester sabbatical after serving one (1) term in office, and two (2) semesters if he/she has served more than one (1) term. The sabbatical shall be at the rates and consistent with the provisions of Article 19, Section C, Subd. 3-7.

ARTICLE 7

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Management Rights

Except as expressly limited in this Agreement, the Employer reserves all management rights and management functions as provided by law to the State of Minnesota. The State and the Employer have the responsibility to make and enforce rules and regulations, subject to limitations of statutes, governing the affairs of the universities consistent with expressed provisions of this Agreement, recognizing that the primary obligation of the Board is to provide higher education opportunities.

ARTICLE 8

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Agreement Against Lockouts and Strikes

Section A. Lockouts. No lockout of faculty members shall be instituted by the Employer during the term of this Agreement.

Section B. Strikes. During the life of this Agreement, no strike of any kind, as defined in Minnesota Statutes § 179A.03, Subd. 16., shall be engaged in, sanctioned, or supported by the IFO, its officers, or agents. In the event the Employer alleges that any faculty member or faculty members are engaged in a strike, the IFO will, upon written notification, immediately notify such faculty member or faculty members in writing of the allegation and the implications of a strike. However, nothing in this Article shall be construed as a waiver by IFO of the rights of faculty members to conduct a permissible and legal strike pursuant to Minnesota Statutes § 179A.18.

ARTICLE 9
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Personnel Files

Section A. Personnel Files. Each university shall maintain at the university one (1) official personnel file for each faculty member. Such file shall contain copies of personnel transactions, official correspondence with the faculty member, material collected in accordance with procedures established in Article 22, which may include summaries of unsigned student evaluations, as well as other similar materials. Unsigned letters or statements, other than those indicated above, shall not be placed in the faculty member’s personnel file. Only those MnSCU employees whose job responsibilities require it, and who are designated by the Administration or other persons specifically authorized by law, shall have access to a faculty member’s personnel file. Faculty members shall not have access to the personnel files of other faculty members except as authorized in Section C below. This Section shall not be construed to prohibit access to materials provided as part of an application for promotion, tenure, or non-renewal recommendation.

Commencing January 1, 1990, a dated log shall be maintained of official correspondence with faculty members and of material collected in accordance with the procedures established in Article 22 including any unsigned student evaluations which are added to or removed from faculty personnel files. Errors in the maintenance of the log shall not be subject to the grievance procedure.

The Dean may also keep a personnel file for any faculty member which shall only contain copies of resumes, educational transcripts, appointment documents, Article 22 materials, application files, forms and recommendations for action under promotion, evaluation, non-renewal, or tenure. However, the administration shall only take action on personnel matters with respect to a faculty member based upon file information contained in the official personnel file.

Section B. Access. Consistent with law, each faculty member shall have access to his/her official and Dean’s personnel file. Such access shall be during normal business hours under university supervision. A faculty member shall have the right to place in his/her official personnel file such material as he/she determines may have a bearing on his/her position as a faculty member, including statements in response to any items in his/her file.

Section C. Exclusive Representative. Representatives of the IFO, Association, or other persons having written authorization from the faculty member concerned may examine, under university supervision, the official and Dean’s personnel file of that faculty member, except for the limitation provided in Section B of this Article.

Section D. Right to Copies. Upon written request of the faculty member, the Employer shall provide to the faculty member copies of contents of his/her official and Dean’s personnel file, except as limited in Section B of this Article, provided that the cost of providing such copies is borne by the faculty member.

A faculty member shall be provided a copy or written notice of an addition to and/or modification of any non-routine material in the faculty member’s official personnel file, such as grants, letters of commendation or reprimand, seniority summaries, salary adjustments, and letters regarding non-renewal, promotion, or tenure. Resolution of a grievance concerning the personnel file may include removal of material from the personnel files.

Section E. Expiration. Annually, any material which a faculty member requests be removed from his/her personnel files shall, with the approval of the President, be removed. Annually, the faculty member may have data removed from his/her file which is more than ten (10) years old, except that which is required by law to be kept therein or material whose removal, in the opinion of the Attorney General’s office, might subject the university to suit or damages.

ARTICLE 10

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Workload

Section A. Faculty Workload. The workload of faculty includes student advising, maintaining and improving expertise in a discipline and in pedagogy, serving on departmental and university committees, contributing to student growth and development, evaluating student performance, scholarly activities, and service to university and community, as well as teaching and class preparation. Additionally, as a professional, a faculty member shall devote a substantial amount of his/her workload to course preparation, research, the maintenance of professional expertise, innovations in teaching/learning and other similar activities. These endeavors shall comprise the faculty member’s workload.

Subd. 1. A faculty member’s teaching load shall not exceed fourteen (14) undergraduate credit hours per semester nor twenty-four (24) undergraduate credit hours per academic year.

a. For purposes of calculating teaching load, a three (3) credit graduate course shall be the equivalent of a four (4) credit undergraduate course, and a four (4) credit graduate course shall be the equivalent of a five (5) credit undergraduate course. All other graduate courses shall be calculated as the equivalent of one and one fourth (1.25) undergraduate credits per one (1) graduate credit hour. Graduate equivalency shall apply only to courses exclusively for graduate students.

b. Undergraduate studio courses, activity courses, and private lessons shall be credited on the basis of at least one (1) credit hour for each two (2) contact hours.

c. Undergraduate music studio courses and private music lessons shall be credited on the basis of at least two (2) credit hours for each three (3) contact hours.

d. Undergraduate laboratory courses shall be credited on the basis of one (1) credit hour for each lecture hour and at least one (1) credit hour for each two (2) laboratory hours.

e. Metropolitan State University Resident Faculty Teaching. A resident faculty member’s teaching load shall not exceed twenty-one (21) undergraduate credits per academic year. Resident faculty with primary responsibilities in academic advising or psychological counseling shall teach at least six (6) undergraduate credits per year. Teaching for all resident faculty may include educational planning. A resident faculty member with less than a full-time appointment will have a pro-rata teaching assignment based on the percentage of time employed. Resident faculty members may have alternative assignments. Alternative assignments shall be mutually agreed to by the resident faculty member, and the President/designee. Alternative assignments must be made annually.

All other Subdivisions of Section A(1)(a-d), above shall apply to Metropolitan State University resident faculty teaching.

Subd. 2. Advising.

a. Normally, the faculty member will be responsible for ten (10) hours weekly for student advising and other contacts with students, at times and approved locations, either on or off campus, posted at the faculty member’s office.

b. Metropolitan State University Advising. As part of his/her regular workload, at any point in time a resident faculty member with a full-time appointment may not be required to advise more than forty-five (45) student advisees. Because of the difference in other areas of their workload, resident faculty members with a full-time assignment in a graduate program may be assigned fewer than forty-five (45) advisees. A resident faculty member with a part-time appointment shall not be required to advise more than a proportionate number of student advisees. Responsibilities for resident faculty in advising shall be established by June 30, 1994 through the mutual agreement of the Faculty Association and the President.

Subd. 3. Interactive Television. Interactive television may be conducted as part of load or as overload, subject to Article 12, Section B. For purposes of calculating teaching load, one (1) interactive television credit shall be the equivalent of one and one fourth (1.25) undergraduate credits. If a faculty member has a plan that has been appropriately approved for developing an interactive television course, he/she shall receive appropriate compensation or release time for development of course materials. Technical and paraprofessional support shall be provided at the originating location as well as at each site.

Subd. 4. Off-campus Credit Instruction. Off-campus courses may be taught as part of load or as overload, subject to Article 12, Section B. For travel time in connection with the offering of off-campus courses, a faculty member will be reimbursed at the rate of at least ten cents ($.10) for each mile traveled. Effective July 1, 2002, for travel time in connection with the offering of off-campus courses, a faculty member will be reimbursed at the rate of at least $.25 (twenty-five cents) for each mile traveled. Mileage will be measured from the university campus, or from the faculty member’s residence, whichever is closer to the off-campus site, based upon the approved state mileage table. If a faculty member’s assignment includes teaching load at an off-campus site, a portion of his/her office hour obligation can be at the off-campus site.

Subd. 5. Assessment of Prior Learning. The decision to assess prior learning shall be reached after consultation between the President/designee and the department. Compensation for faculty involved in assessment of prior learning shall be either seventy five dollars ($75) or eighteen dollars and seventy-five cents ($18.75) per credit requested, whichever is greater.

Subd. 6. Miscellaneous Instructional Categories. Faculty members providing packaged courses or correspondence courses approved by the President/designee shall be compensated at the rate of sixty-five dollars ($65) per credit hour per student. Non-credit generating workshop instruction may be compensated at overload rate as provided in Article 12, Section B.

Section B. Non-Teaching Faculty Workload. All members of the non-teaching faculty such as those involved in library/learning resources, counseling center, student teacher supervision, full-time intern supervision, and laboratory school teaching/supervision who are members of the appropriate unit shall enjoy full faculty status with all the privileges and responsibilities pertaining thereto. The workload of a non-teaching faculty member shall include maintenance of professional expertise, committee assignments, research, community service and other similar professional activities.

Subd. 1. Librarians/Media Faculty. Librarians/Media Faculty shall be responsible for implementation of library/media services to support the mission and philosophy of each institution. Librarians/Media Faculty on each campus shall recommend to the Administration objectives and methods for library/media services, giving priority to providing services necessary to fulfill the educational needs of students and instructional needs of faculty. The Administration on each campus, after consultation with the librarians/media faculty, shall schedule the library/media services.

Subd. 2. Counseling Center Faculty Members. The workload of a counseling center faculty member shall include client contact hours, preparation for and evaluation of client contacts, maintenance of professional expertise, crisis intervention, and other professional activities.

Subd. 3. Student Teacher Supervisors. The full workload for the academic year of supervisors of student teachers shall be determined by the President after meeting and conferring with the Association. The meet and confer session shall include consideration of faculty/student teacher ratios and travel requirements.

Subd. 4. Exceptions. For those non-teaching faculty members whose work involves classroom teaching or other special duties and/or projects, the Administration shall assign duties in a manner that will result in a total workload consistent with that of a non-teaching faculty member whose workload does not include a teaching assignment or other special duties and/or projects.

Section C. Excess Workload. An excess workload may be agreed to by the faculty member and the President/designee subject to provisions of Article 12.

Section D. Duty Days.

Subd. 1. Regular Contracts. The duty year for regular contract faculty members shall consist of one hundred sixty-eight (168) duty days within the academic year. Resident faculty members at Metropolitan State University, the Association, and the President/designee may mutually agree

to alternative duty day calendars of 168 duty days during an academic year.

Duty days shall not be scheduled on New Years Day, Martin Luther King Day, Presidents Day*, Memorial Day, Labor Day, Columbus Day*, Veterans Day*, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve Day, and Christmas Day.

*The President may, after meeting and conferring with the Association, designate alternate non-duty days for the observance of these days for academic units when such revisions are in the best interests of the university.

Subd. 2. Extended Contracts. Faculty members appointed to a duty year which exceeds the one hundred sixty-eight (168) duty days as provided in Subd. 1. of this Section shall receive a pro rata salary adjustment. The number of such extended duty days shall be set annually by mutual consent of the faculty member and the administration normally in conjunction with the issuance of appointments for the next fiscal year. The scheduling of extra duty days shall be determined in consultation with the faculty member consistent with the needs of the university. Extra duty days normally shall not be scheduled on the days indicated in Subd. 1.

Subd. 3. Limited Contracts. Limited implies a reduced workload during the whole of the academic year, or a full or reduced workload during portions of the academic year.

a. Reduced Contracts. Reduced contracts, pursuant to Minnesota Statutes ' 354, and 354B regarding part-time employment, may be granted by the President to those faculty members who meet statutory eligibility criteria.

A faculty member on a reduced contract shall be reinstated to full-time duties upon his/her request, provided the request is made to the President not later than February 1 of the previous year.

b. Part-time faculty members with an appointment other than (1) those covered in (a) above, or (2) an adjunct appointment, shall receive salary on a pro rata basis, and shall be eligible for fringe benefits as listed elsewhere in this Agreement.

Section E. Academic Calendar. The academic calendar of each university shall be established by the President. Prior to establishing or making changes in the calendar, the President/designee shall afford opportunity to meet and confer with the Association.

Section F. Delegate Assembly. Delegates to the IFO Delegate Assembly shall be released with pay one (1) day for each Assembly meeting.

Section G. Athletic Directors, Coaches, and Trainers. This Section shall determine workload and compensation for those faculty members whose workload includes intercollegiate athletic coaching. For purposes of this Section, an intercollegiate sport shall be defined as a sport that is recognized by the university as having varsity status and whose teams engage in competition with similar teams at other institutions.

Subd. 1. Nothing in this Agreement shall be interpreted as requiring that the university offer any particular sport.

Subd. 2. Categories.

a. Pursuant to Subd. 1., there will be three (3) categories of head coaches: (1) those who coach basketball, football, ice hockey, or volleyball; (2) those who coach soccer, baseball, swimming, gymnastics, wrestling, softball, cross-country skiing (combined men and women), or spring track; (3) those who coach cross-country skiing, golf, tennis, or winter track.

b. For purposes of determining the type of appointment offered, athletic directors shall be considered to be in category (2).

Subd. 3. Initial Appointments.

b. Head coaches in category (1) of Subd. 2., shall, at the option of the President, be offered either a four (4) year athletic or a probationary appointment.

c. Head coaches in category (2) of Subd. 2. shall, at the option of the President, be offered either a four (4) year athletic or a probationary appointment.

d. Head coaches in category (3) of Subd. 2. shall be offered a probationary, a four (4) year athletic, or a tenured appointment in accordance with Article 21.

e. Nothing in this Agreement shall preclude the award of a fixed-term contract including head coaching duties in any category in accordance with Article 21, Section E., Subd. 1.c.

Subd. 4. Compensation.

f. The base salary of those head coaches, current and future, accepting four year athletic appointments as described in Subd. 3. shall be the salary indicated on the salary schedule in Article 11, plus ten percent (10%). Effective July 1, 2004, all head coaches with a four-year athletic appointment shall be placed upon the salary schedule four steps above their current base salary not including the 10% enhancement provided in this paragraph. After such placement, coaches subject to such placement shall receive any negotiated salary increases provided in this Agreement. Any new coach hired after June 30, 2004, shall be placed upon the salary schedule without additional adjustments and the first sentence of this paragraph shall not be operative.

g. In those cases where the President finds that curricular requirements prevent crediting a percentage of a full-time workload for coaching activities in categories (2) and (3), the President may, after meeting and conferring with the Association, authorize compensation in accordance with Article 12 and Subd. 5.a. of this Section.

h.Individuals hired solely for the purpose of coaching any sport listed in this Article may be compensated at the adjunct faculty rate for the percentage of a full-time workload as listed in Subd. 5.a. of this Section.

i. Head coaches may renegotiate their salaries each time they are eligible for a new four (4) year athletic appointment.

Subd. 5. Equivalent Workloads.

j. The minimum credit for head coaching activities shall be the percentage indicated in the table below of a full-time appointment for a full academic year, except that cross-country skiing (combined men and women) will remain at twenty-nine percent (29%) and seven (7) credits. The apportionment of the percentage of a full-time appointment to coaching activities during each academic semester during the year shall be determined by the President.

Coaching Activity as Annualized Percentage of

Category

Full Workload

Semester Credits

42%

29%

2 (Comb. Men & Women)

38%

17%

3 (Comb. Men & Women)

25%

The percentage of a full-time workload credited for faculty assigned head coaching duties in two (2) sports shall be, at a minimum, the sum of the percentages indicated in Subd. 5.a. for each sport. Nothing shall prevent the President from crediting a greater percentage of a full-time workload for any particular head coaching appointment.

Subd. 6. Coaches with Non-Coaching Assignments.

k. Head coaches in category (1) and category (2) with fixed-term contracts who accept an appointment including duties in addition to coaching shall be given a four (4) year, fixed-term appointment covering both the coaching and non-coaching assignments. The salary for the appointment shall be computed in accordance with Subd. 4.

l. The head coach in categories (1) and (2) with an academic appointment shall be given first consideration if a full-time vacancy occurs in the department or program in which he/she holds his/her academic appointment, in accordance with the following procedures.

1. Should the President decide to fill such a vacancy, this decision shall first be made known to the coach involved, and the coach shall have the opportunity to apply and have his/her application considered in accordance with Article 21 prior to beginning any search.

2. Should two (2) or more faculty be eligible, then the President shall make the appointment after considering the recommendation of the department. If a non-tenured head coach is appointed by the President, credit for service within the last twelve (12) years shall be granted in accordance with Article 21, Section E, Subd. 5.d., but notwithstanding any other section of the Agreement, such individuals shall serve a minimum of two (2) years in probationary status.

Subd. 7. Extended Duty Days. The President shall offer extended duty day contracts to head coaches, assistant coaches and athletic trainers who are required by the President/designee to hold practice before the commencement of the academic year, to hold post-season practice and/or engage in post-season competition on non-duty days, and/or to engage in recruitment, fund raising, administrative, and other activities related to their coaching assignment on non-duty days during the academic year. Prior approval is required.

Subd. 8. Evaluation and Renewal of Athletic Appointments. Head coaches shall be evaluated yearly under Article 22. Such evaluations shall be completed by the President pursuant to the local evaluation schedule. Those coaches being renewed beyond a four- (4) year athletic appointment shall be offered either a two- (2) year athletic appointment or a four- (4) year athletic appointment at the discretion of the President. The option of a two- (2) year appointment shall be exercised not more than once during the duration of the coach’s years of service, and when offered, the President will provide the affected head coach with the reasons in writing. Those coaches not being renewed beyond either their initial athletic appointment or a subsequent athletic appointment shall be given a notice of the non-renewal not later than twenty (20) days following the end of the relevant athletic team’s final scheduled competition, including post-season play for that team.

Subd. 9. Head coaches and Assistant coaches on four (4) year or two (2) year athletic appointments (non-adjuncts) holding the rank of Instructor will be promoted to Assistant Professor effective beginning with their sixth year of employment, unless promoted earlier in accordance with Article 25.

Subd. 10. Vacancies. When new head coaching or assistant coaching positions are created or faculty vacancies exist, such positions shall be advertised in accordance with Article 21. Prior to making an appointment, the President/designee shall involve the appropriate department(s) in evaluating the academic credentials of the candidate and in making a recommendation to the President/designee concerning the candidate for the vacancy.

Subd. 11. Assistant Coaches. Assistant coaches hired after the effective date of this Agreement may receive athletic appointments for up to two (2) years at a time. No compensation beyond the agreed term of appointment shall be offered.

Subd. 12. Task Force Creation. The parties to this contract agree to create a joint task force whose purpose shall be to study all aspects of the Agreement relating to coaching and athletics including but not limited to compensation, evaluation, appointment, and non-renewal. This task force shall be convened by the IFO with MnSCU appointed representatives no later than December 1, 1999 and shall prepare a written report to both the respective Boards and Negotiating Teams prior to April 1, 2000. The purpose of the report shall be to recommend changes in the IFO/MnSCU Agreement to achieve fair, equitable and timely procedures for compensation, evaluation, appointments and non-renewal for coaches within the State Universities.

Section H. Theater Productions.

Subd. 1. Reassigned Time. Each faculty member having responsibility for production of a play shall receive appropriate reassignment time for each semester, in which he/she fulfills such a responsibility.

Subd. 2. Compensation. In those cases where the President finds that curricular requirements prevent creating a percentage of full-time workload for theater production activities, the President may authorize compensation in accordance with Article 12.

Section I. Forensics.

Subd. 1. Reassigned Time. Each faculty member who coaches students for intercollegiate forensics competition shall receive at least two (2) credits reassignment time for each semester, in which he/she fulfills such responsibility.

Subd. 2. Compensation. In those cases where the President finds that curricular requirements prevent creating a percentage of full-time workload for coaching forensics, the President may authorize compensation in accordance with Article 12.

Section J. Metropolitan State University Community Faculty.

Subd. 1. Definitions. Community Faculty. Community faculty shall be those faculty employed at Metropolitan State University other than fixed-term, probationary, or tenured faculty employed at Metropolitan State University, who perform a range of academic duties including but not limited to teaching, and who are in the bargaining unit and meet the requirements of M.S. 179A.03, Subd. 14. In addition to the provisions of this section, Section J, Metropolitan State University community faculty, unless noted otherwise in this Agreement, shall be eligible for all benefits provided to faculty holding adjunct appointments.

Subd. 2. Workload. Workload for community faculty shall be no more than ten (10) credits per academic year.

Subd. 3. Salaries.

m. Community faculty members shall be compensated for teaching courses at no less than adjunct rate in Article 11 of MnSCU/IFO Agreement.

n.Community faculty course instruction payments will begin within one month of the starting date of courses.

o. The following minimum compensation rates for non-class instruction duties will be in effect:

Internship Supervision

Faculty-designed IS

Student-designed IS

Assessment of Prior Learning

Consultation

Teaching Workshops:

3-5 hours

5+ hours:

Other:

$41.25 per credit per Student

$30 per credit per Student

$37.50 per credit per Student

$75 per Student or 18.75 per credit, whichever is greater

$20 per consultation

$15 per student

$22 per student

Subject to meet and confer

Subd. 4. Professional Improvement.

a. Professional development and training opportunities shall be provided by the university to community faculty.

b. Professional Improvement Funds of not less than twelve thousand, five hundred dollars ($12,500) in FY 2000 and twelve thousand, five hundred dollars ($12,500) in FY 2001 shall be available to community faculty for improving professional competence related to their assignments at Metropolitan State University.

c. The President, after meeting and conferring with the Association, shall establish procedures and criteria for application and awarding of funds to community faculty.

d. Community faculty may be included in system-wide faculty development opportunities as appropriate.

Subd. 5. Department and Program Involvement. For purposes of discussions related to issues included in Article 20, Section A., Subd. 3., community faculty shall be represented in colleges, departments or programs. Representation of community faculty shall be subject to mutual agreement between the President/designee and the Association. Community faculty may participate in all of their college and departmental meetings, consistent with the requirements of Article 20.

Subd. 6. Appointment.

a. The Dean or his/her designee shall consult with the department or program resident faculty concerning the need for hiring and reappointing community faculty. The department or program resident faculty shall be responsible for evaluating the academic credentials of the candidates and for making recommendations to the President/designee. Community faculty who wish to be reappointed shall report achievements under Article 22, Section B criteria to the department and Dean at the end of each academic year. This report may be used in reappointment recommendations and decisions.

b. Assignments shall be communicated to the community faculty as early as possible, normally by July 1.

Subd. 7. Benefits.

p. Benefits will be determined based on the workload assignment projected in the annual assignment summary. Benefit eligibility and workload will normally be communicated to community faculty by July 1 for the following academic year. All community faculty accrue retirement and other benefits as regulated by state and federal statutes and Article 14, if threshold requirements are met, and may elect to participate in tax sheltered annuities and the deferred compensation plan, if threshold requirements of the Agreement and appropriate laws are met.

q.Community faculty may purchase optional life and disability coverage if they meet the requirement of Article 14, Section G., and any requirements of law.

r. All community faculty shall be eligible to participate in the health and dental expense account and the dependent care expense account, if they meet the program requirements.

Section K. Joint Task Forces.

Subd. 1. Joint Task Force on Faculty Salary Competitiveness. The parties to this Agreement agree to convene a joint task force on faculty salary competitiveness. The task force shall consist of eight (8) members of the IFO and eight (8) members from MnSCU. The task force shall assess all aspects of faculty salary competitiveness and shall submit a report to the IFO and MnSCU Boards no later than May 1, 2005. This report shall contain recommendations regarding faculty salary competitiveness, a standard for judging faculty competitiveness, and a timetable and strategy for achieving these recommendations.

Subd. 2. Joint Task Force on Costing Teaching Workload and Other Faculty Assignments. The parties to this Agreement agree to convene a joint task force on costing teaching workload and other faculty assignments. The task force shall consist of eight (8) members of the IFO and eight (8) members from MnSCU. The task force shall assess all aspects of costing teaching workload and other faculty assignments and shall submit a report to the IFO and MnSCU Boards no later than May 1, 2005. This report shall contain a methodology for costing teaching workload and other faculty assignments.

ARTICLE 11

(click here for a printable version of Article 11)

Salaries

Section A. Returning Faculty.

Subd. 1. Salaries of tenured, probationary, fixed-term, and non-tenure track faculty members covered by this Agreement shall be at the rates set forth below on the salary schedule as full-time nine-month (168 days) base salaries. Returning faculty members shall be initially placed on the same salary step in the same lane occupied at the end of FY 2003.

Subd. 2. After being placed on the salary schedule as prescribed in Subdivision 1, faculty members who were in the bargaining unit in FY 2003 and who return in FY 2004 shall remain on the same step on the salary schedule.

Subd. 3. Effective July 1, 2004 faculty members who were in the bargaining unit in fiscal year 2004 and who return in fiscal year 2005 shall advance one (1) step on the salary schedule. Faculty who cannot receive the returning step provided for in this Subdivision because they are at step 48 of the salary schedule shall receive a one-time payment of $2,400 (pro rated by FTE) in lieu of the returning step provided for in this Subdivision.

Section B. Promoted Faculty.

Subd. 1. Faculty members promoted from Instructor to Assistant Professor shall move to the step on the salary schedule Professor lane paying the same salary and then advance two steps in addition to the step movement provided for in Section A.

Subd. 2. Faculty members promoted from Assistant Professor to Associate Professor and Associate Professor to Professor shall advance two steps on the Professor lane of the salary schedule in addition to the step movement provided in Section A.

Subd. 3. Promotions shall be effective July 1.

Section C. Faculty Who Provide Early Notice of Retirement.

Faculty members who elect to retire with at least fifteen (15) years of service in the Minnesota State Universities and who are at least age fifty-five (55) shall have their salary placement increased by two additional steps on the salary schedule(s) established in this Agreement in the final two semesters of employment. To receive this benefit the affected faculty member must submit a written letter of retirement by October 1 if retirement will occur no earlier than the end of the following spring semester but no later than the day prior to the beginning of the subsequent fall semester or by January 15 if retirement will occur at the end of the subsequent fall semester. Faculty who cannot receive the early notification of retirement steps provided for in this Section because they are on step 48 of the salary schedule shall receive a one-time payment of $4,800 (pro rated by FTE) in lieu of the step increase provided for in this Section.

Section D. New Faculty Assignment and Placement.

Subd. 1. New faculty hired during the term of this Agreement shall be assigned to an appropriate rank in accordance with Article 21, Section D.

Subd. 2. New faculty members beginning employment shall be placed in the appropriate lane at the salary, which is nearest to, but not less than, the salary offered on appointment.

Subd. 3. After implementation of Subdivisions 1-2 of this section and subject to the minimum step placements, new faculty members shall be deemed to have been placed upon the appropriate step, and no further step placement movement or calculations shall be made.

Section E. Service at the Top of the Schedule.

All faculty who have been at the top of their salary lane for five (5) years shall receive the equivalent of a two-step (approximately a 4.85%) salary adjustment in the next year. Partial years of service at the top of the salary lane and years in which steps are added to the top of the schedule for these lanes shall not be counted toward the calculation of the five- (5) year period.

Section F. Death in Service.

If a faculty member who meets the eligibility requirements for Employer-paid insurance benefits dies after his/her first duty day of employment, but before his/her insurance coverage becomes effective, the unpaid balance of his/her annual salary shall be paid to his/her spouse or dependent children.

Section G. Health and Dental Premium and Expense Accounts.

The Employer agrees to provide insurance-eligible employees with the option to pay for the employee portion of health and dental premiums on a pre-tax basis as permitted by law or regulation. The Employer agrees to allow employees to cover co-payments, deductibles and other medical and dental expenses, or expenses for services not covered by health or dental insurance, as permitted by law or regulation, up to a maximum expenditure of five thousand dollars ($5,000) per insurance year. Effective January 1, 2005, the Employer shall make a lump-sum contribution of five hundred dollars ($500) to each insurance eligible employee’s medical dental expense account at the beginning of each calendar year. At the beginning of calendar year 2005, the Employer will contribute an additional one hundred dollars ($100) to each insurance eligible employee’s account on a one time basis. At such time as the Minnesota State Retirement System makes available the use of Health Reimbursement Arrangement (HRA) accounts, and if feasible, the parties agree to enter into a Letter of Understanding (LOU) providing that the Employer contributions described in this Section will be made to HRA accounts.

Section H. Dependent Care Expense Account.

The Employer agrees to provide insurance-eligible faculty members with the option to participate in a dependent care reimbursement program for work-related dependent care expenses on a pre-tax basis as permitted by law or regulation.

Section I. Salary Equity.

The Salary Review Committee (SRC) and the Appeals Committee established in the 1992 Letter of Understanding on Salary Equity shall be continued for the life of this Agreement. The SRC may propose to both the IFO and MnSCU procedures and processes, which will reduce the likelihood of inequitable salaries. After the FY 94 review, the SRC will annually review new hires, faculty awarded terminal degrees since the previous annual review, and any other faculty not previously reviewed for possible equity adjustments, and will recommend appropriate placement based on the then current equity grid.

The SRC will complete a new analysis of the salaries of all faculty every four years in order to update and/or modify data and relevant criteria and recommend adjustments. Appeals from denials of adjustment shall be considered within the time frame established by the committee.

Section J. Part-Time Faculty Placement on Salary Schedule.

All part-time faculty other than those faculty members having adjunct or community faculty appointments shall be placed upon the salary schedule and paid on a pro rata basis for the entire academic year during which said amount of service is rendered. If any part-time faculty member who teaches more than ten (10) credits in any one academic year were paid less than pro rata for any semesters, during said academic year by virtue of having received an adjunct or community faculty appointment(s), the university shall, as soon as practicable after learning that the faculty member will teach more than ten (10) credits during a single academic year, supplement the faculty member’s salary such that the faculty member receives full pro rata pay for the entire year.

Section K. Career Steps.

All faculty members who have completed ten (10) years of service shall receive two (2) additional steps on the salary schedule at the beginning of their eleventh (11) year of service. Faculty members who have completed twenty (20) years of service shall receive an additional two (2) steps on the salary schedule at the beginning of their twenty-first (21^st) year of service. Faculty members who have completed thirty (30) years of service shall receive an additional two (2) steps on the salary schedule at the beginning of their thirty-first (31^st) year of service. Years of service shall be counted as of the end of the academic year. Career steps shall be effective July 1.

The seniority roster shall be used to determine years of service. Administrators who return to the bargaining unit shall have the years served as an administrator included in the years of service for purposes of this section only.

Unless extended or modified by the parties to this Agreement, this Section shall sunset on June 30, 2007.

Section L. Minimum Salary Placement.

Prior to the step advancements provided for in this Article, the following minimum salary placements shall be applied. Instructors shall not be placed below step ten (10) of the Instructor lane as of July 1, 2003, and not below step eleven (11) of the Instructor lane as of July 1, 2004. Assistant Professors shall not be placed below step fifteen (15) as of July 1, 2003, and not below step sixteen (16) as of July 1, 2004. Associate Professors shall not be placed below step seventeen (17) as of July 1, 2003, and not below step eighteen (18) as of July 1, 2004. Professors shall not be placed below step nineteen (19) as of July 1, 2003, and not below step twenty (20) as of July 1, 2004.

Section M. Adjunct and Community Faculty.

Effective July 1, 2003, salaries of adjunct and community faculty members covered by this Agreement shall be not less than one thousand seventy-five dollars ($1,075) per credit. Effective Fall Semester 2004, salaries of adjunct and community faculty members covered by this Agreement shall be not less than one thousand one hundred dollars ($1,100) per credit.

Salary Schedule for 2003-2005 Agreement

(Note: Values shown in shaded cells are for calculation purposes only. Individuals are not to be permanently placed on these steps.)

Instructor Step	Instructor Salary	Professor Step	Professor Salary
6	$28,815
7	$29,505
8	$30,213		$30,213
9	$30,937	1	$30,937
10	$31,678	2	$31,678
11	$32,437	3	$32,437
12	$33,215	4	$33,215
13	$34,010	5	$34,010
14	$34,825	6	$34,825
15	$35,660	7	35,660
16	$36,515	8	36,515
17	$37,390	9	37,390
18	$38,286	10	38,286
19	$39,203	11	$39,203
20	$40,143	12	$40,143
21	$41,105	13	$41,105
22	$42,090	14	$42,090
23	$43,098	15	$43,098
24	$44,131	16	$44,131
25	$45,189	17	$45,189
26	$46,271	18	$46,271
27	$47,380	19	$47,380
		20	$48,515
		21	$49,678
		22	$50,868
		23	$52,087
		24	$53,336
		25	$54,614
		26	$55,923
		27	$57,263
		28	$58,636
		29	$60,041
		30	$61,480
		31	$62,953
		32	$64,461
		33	$66,006
		34	$67,588
		35	$69,207
		36	$70,866
		37	$72,564
		38	$74,303
		39	$76,083
		40	$77,907
		41	$79,774
		42	$81,686
		43	$83,643
		44	$85,647
		45	$87,700
		46	$89,802
		47	$91,954
		48	$94,157

ARTICLE 12

(click here for a printable version of Article 12)

Overload Pay and Non-Instructional Activities

Section A. Definition. An overload shall be defined as a specific assignment, acceptable to the faculty member and approved by the President/designee, occurring within a faculty member’s period of appointment, which is in excess of the faculty member’s workload as defined in Article 10 and in Article 13, Section A.

Section B. Compensation.

Subd. 1. Instruction. Overload compensation shall be granted to faculty members for approved assignments involving the teaching of courses, workshops, seminars, and institutes in addition to the workload as defined in Article 10 and in Article 13, Section A. Such overload compensation shall be at the rate of two and one quarter percent (2.25%) of the faculty member’s nine- (9) month base salary, but not less than the minimum adjunct rate set forth in Article 11 for each semester credit hour. However, pro rata reductions in this rate of compensation may be implemented by the President/designee when there is less than full student enrollment in a self-supporting course, workshop, seminar, or institute.

Subd. 2. Metropolitan State University Resident Faculty Instruction. Overload compensation for teaching courses shall be granted to resident faculty consistent with the provisions of Subd. 1. above. A resident faculty member who accepts other overload assignments, including, but not limited to, theory seminars and faculty designed independent studies, with prior approval of the President/designee, shall be compensated at the rate established for community faculty in Article 10, Section J, Subd. 3.c. With the consent of the President/designee, a course or alternative teaching strategy may be considered overload: (1) if the course or alternative teaching strategy is above and beyond the teaching responsibilities described in Article 10, Workload, Section A., Subd. 1.e.; or 2. if the President/designee finds it appropriate.

Subd. 3. Non-instructional Activities. For non-instructional activities, overload compensation shall be computed on the basis of the faculty member’s base duty day rate for a specified number of duty days. The nature of the assignment and the number of days shall be subject to mutual agreement between the faculty member and the President/designee.

Section C. Application. This Article shall apply to Article 10, Section A, Subd. 1., and to Article 13, Section A, only where the regularly scheduled and assigned classroom teaching workload of a teaching faculty member exceeds fourteen (14) semester credit hours per academic semester or twenty-four (24) semester credit hours per academic year. Examples of activities excluded from overload pay include but are not limited to the following: internship, independent studies, student teacher supervision, graduate thesis supervision, tutoring, studios and related kinds of individualized instruction, the pyramiding of multi-level courses, and substitution for an absent faculty member on a short-term basis.

Section D. Limitation. Normally, total workload including overload shall not exceed sixteen (16) credits per semester and total overload shall not exceed five (5) credits per academic year.

Section E. Information. Annually, upon request, the Employer shall provide to the Association the names of faculty members teaching overload, the number of credits of overload taught, the amount paid to each faculty member for overload, and the courses taught.

ARTICLE 13

(click here for a printable version of Article 13)

Summer Sessions

Section A. Workload. A full-time summer session workload shall consist of no more than six (6) credit hours.

Section B. Duty Days. A summer session shall consist of twenty-five (25) assigned duty days, including days when registration, classes, holidays, examinations and grading days are scheduled. Classes need not be scheduled on all duty days.

Normally, a summer session will be five (5) weeks in length but individual courses may be up to six (6) weeks in length. By mutual agreement between the President, the individual faculty member, and the Local Faculty Association, individual courses may be scheduled for more than six (6) weeks. Summer sessions shall not overlap. Classes need not be scheduled on all duty days.

Summer courses established for cohorts will be scheduled through the regular departmental scheduling process. By mutual agreement between the President, the affected faculty member(s), and the Local Faculty Association, cohort courses may be scheduled for more than six (6) weeks.

Normally, summer sessions shall not overlap. However, by mutual agreement between the President, the individual faculty member, and the Local Faculty Association, up to ten per cent (10%) of individual courses at each University may overlap summer sessions. Unless extended or modified by the parties to this Agreement, this provision on summer session overlap shall sunset on June 30, 2007.

Upon agreement with its Local Faculty Association, Metropolitan State University may establish a summer schedule that includes courses spanning two summer sessions.

Section C. Salaries. A faculty member accepting a summer session teaching assignment shall receive two and one-quarter percent (2.25%) of his/her nine- (9) month base salary for the preceding academic year per credit hour, but not less than the minimum adjunct rate for the preceding academic year as set forth in Article 11.

Section D. Assignment. Procedures for assigning positions shall be reviewed and determined annually at a meet and confer session with the Association. Within each department all faculty, except the department chair, shall have equal access to summer teaching assignments, based on requirements of the curriculum and qualification of the instructor. Equal access shall not override curriculum determinations or qualifications of faculty to teach the courses offered.

Section E. Overload. Faculty members who perform teaching assignments in excess of a full-time workload during summer sessions shall receive overload pay as described in Article 12.

ARTICLE 14

(click here for a printable version of Article 14)

Insurance

Section A. State Employee Group Insurance Program (“SEGIP”). During the life of this Agreement, the Employer agrees to offer a Group Insurance Program that includes health, dental, life, and disability coverages equivalent to existing coverages, subject to the provisions of this Article.

All insurance eligible employees will be provided with a Summary Plan Description (“SPD”) “Your Employee Benefits”. Such SPD shall be provided no less than biennially and prior to the beginning of the insurance year. New insurance eligible employee shall receive a SPD within thirty (30) days of their date of eligibility.

Section B. Eligibility for Group Participation. This Section describes eligibility to participate in the Group Insurance Program.

Subd. 1. Faculty Members-Basic Eligibility. A faculty member may participate in the Group Insurance Program if he/she is employed on the basis of at least fifty percent (50%) of a full-time work assignment for a regular academic year. If an insurance eligible faculty member’s last scheduled day of work (excluding termination for cause) is at the end of the academic year or later, coverage will cease at the completion of the payroll period in which the succeeding academic year commences. If an insurance eligible faculty member is terminated for cause or his/her last scheduled day of work is before the end of the academic year, coverage will cease at the end of the payroll period in which the separation or termination date occurs.

Subd. 2. Faculty Members-Special Eligibility. The following faculty members are also eligible to participate in the Group Insurance Program:

a. Faculty Members with Work-related Injury/Disability. A faculty member who was off the State payroll due to a work-related injury or a work-related disability may continue to participate in the Group Insurance Program as long as such a faculty member receives workers’ compensation payments or while the workers’ compensation claim is pending.

b. Totally Disabled Faculty Members. Consistent with Minnesota Statutes 62A.148, certain totally disabled faculty members may continue to participate in the Group Insurance Program.

c. Early Retirement. A faculty member who retires from State service, is not eligible for regular (non-disability) Medicare coverage, has five (5) or more years of allowable pension service, and is immediately eligible to receive a retirement benefit under Chapter 354B or an annuity under a State retirement program may continue to participate in the health and dental coverages offered through the Group Insurance Program at his/her own expense.

Consistent with Minnesota Statutes 43A.27, Subd. 3., a retired faculty member who receives a retirement benefit under Chapter 354B or an annuity under a State retirement program may continue to participate in the health and dental coverages offered through the Group Insurance Program at his/her own expense. A spouse of a deceased retired faculty member may continue health and dental coverages through the Group Insurance Program provided the spouse was dependent under the retired member’s coverage at the time of the retiree’s death and continues to make the required premium payments. Retiree coverage must be coordinated with Medicare.

d. Sabbatical Leave. A faculty member eligible to participate in the Group Insurance Program immediately prior to taking a sabbatical leave continues that eligibility during the sabbatical leave.

Subd. 3. Dependents. Eligible dependents for purposes of this Article are as follows:

a. Spouse. The spouse of an eligible faculty member (if not legally separated). For the purposes of health insurance coverage, if that spouse works full-time for an organization employing more than one hundred (100) people and elects to receive either credits or cash: (1) in place of health insurance or health coverage, or (2) in addition to a health plan with a seven hundred and fifty dollar ($750) or greater deductible through his/her employing organization, he/she is not eligible to be a covered dependent for purposes of this Article. If both spouses work for the State or another organization participating in the State’s Group Insurance Program, neither spouse may be covered as a dependent by the other unless one spouse is not eligible for a full Employer Contribution as defined in Subd. 3.a.

b. Children and Grandchildren. An eligible faculty member’s unmarried dependent children and unmarried dependent grandchildren: (1) through age eighteen (18); or (2) through age twenty-four (24) if the child or grandchild is a full-time student at an accredited educational institution; or (3) a child or grandchild, regardless of age or marital status who is incapable of self-sustaining employment by reason of mental retardation, mental illness or physical disability and if chiefly dependent on the faculty member for support. The handicapped dependent shall be eligible for coverage as long as she/he continues to be handicapped and dependent, unless coverage terminates under the contract. Children or grandchildren who become handicapped after they are no longer eligible dependents under (1) and (2) above may not be considered eligible dependents unless they are continuing coverage as a dependent through the employee’s prior employer.

“Dependent Child” includes a faculty member’s: (1) biological child, (2) child legally adopted by or placed for adoption with the faculty member, (3) foster child, and (4) stepchild. To be considered a dependent child, a foster child must be dependent on the faculty member for his/her principal support and maintenance and be placed by the court in the custody of the faculty member. To be considered a dependent child, a stepchild must maintain residence with the faculty member and be dependent upon the faculty member for his/her principal support and maintenance.

“Dependent Grandchild” includes a faculty member’s: (1) grandchild placed in the legal custody of the faculty member, (2) grandchild legally adopted by the faculty member or placed for adoption with the faculty member, or (3) grandchild who is the dependent child of the faculty member’s unmarried dependent child. Under (1) and (3) above, the grandchild must be dependent upon the faculty member for principal support and maintenance and live with the faculty member.

If both spouses work for the State or another organization participating in the State’s Group Insurance Program, either spouse, but not both, may cover their eligible dependent children or grandchildren. This restriction also applies to two divorced, legally separated, or unmarried faculty members/employees who share legal responsibility for their eligible dependent children or grandchildren.

Subd. 4. Continuation of Coverage. Consistent with state and federal laws, certain faculty members, former faculty members, dependents, and former dependents may continue group health, dental, and/or life coverage at their own expense for a fixed length of time. As of the date of this Agreement, state and federal laws allow certain group coverages to be continued if they would otherwise terminate due to:

a. Termination of employment (except for gross misconduct);

b. Layoff;

c. Reduction of hours to an ineligible status;

d. Dependent child becoming ineligible due to change in age, student status, marital status, or financial support (in the case of a foster child or stepchild);

e. Death of faculty member;

f. Divorce or legal separation;

g. Covered employee’s entitlement to or enrollment in Medicare.

Section C. Eligibility for Employer Contribution. This Section describes eligibility for an Employer Contribution toward the cost of coverage.

Subd. 1. Full Employer Contribution - Basic Eligibility. Faculty members covered by this Agreement and appointed for at least seventy-five percent (75%) of the full-time work assignment load for a regular academic year receive the full Employer Contribution. The seventy-five percent (75%) minimum requirement can be satisfied by: (1) a one hundred sixty-eight (168) duty-day contract at seventy-five percent (75%) load; (2) a contract for seventy-five percent (75%) of the 168 duty days at full load; (3) some equivalent combination.

A faculty member initially hired during the academic year on a tenured appointment or a probationary appointment may receive the full Employer Contribution if the appointment is for minimum of a seventy-five percent (75%) load for the duration of that appointment.

Subd. 2. Partial Employer Contribution - Basic Eligibility. Faculty members covered by this Agreement, who hold part-time appointments and who work at least fifty percent (50%), but less than seventy-five percent (75%), of the full-time work assignment load for a regular academic year, receive the full Employer Contribution for basic life coverage, and at the employee's option, a partial Employer Contribution for health and dental coverages. The partial Employer Contribution for health and dental coverages is seventy-five percent (75%) of the full Employer Contribution for both employee only and dependent coverage.

Subd. 3. Special Eligibility. The following faculty members also receive an Employer Contribution:

a. Faculty Members on Layoff. An eligible tenured faculty member who receives an Employer Contribution, who has three (3) or more years of continuous service, and who has been laid off pursuant to the provisions of Article 23 remains eligible for an Employer Contribution and all other benefits provided under this Article for twelve (12) consecutive months from the date of layoff.

a. Work-Related Injury/Disability. A faculty member who receives an Employer Contribution and who is off the State payroll due to a work-related injury or a work-related disability remains eligible for an Employer Contribution as long as such faculty member receives workers’ compensation payments. If such faculty member ceases to receive workers’ compensation payments for the injury or disability and is granted a disability leave under Article 17, he/she shall be eligible for an Employer Contribution during that leave.

b. Sabbatical Leave. A faculty member eligible for an Employer Contribution immediately prior to taking a sabbatical leave continues to receive the Employer Contribution during the sabbatical leave.

c. Faculty members participating in phased retirement shall be eligible for Employer-paid benefits in accordance with Minnesota Statutes 354.66 at the same rate as if they were employed full-time.

d. Faculty members participating in the annuitant employment program (AEP) shall be eligible for Employer-paid benefits in accordance with Minnesota Statutes §§136F.48 and 354.445 at the same rate as if they were employed full-time.

Subd.4. Maintaining Eligibility for Employer Contribution.

a. General. A faculty member who is eligible for the Employer Contribution maintains that eligibility as long as the faculty member meets the Employer Contribution eligibility requirements and appears on a State payroll for at least one (1) full working day during each payroll period. This requirement does not apply to faculty members who receive an Employer Contribution while on layoff as described in Section C, Subd. 3.a., or while eligible for workers’ compensation payments as described in Section C, Subd. 3.b.

b. Unpaid Leave of Absence. If a faculty member is on an unpaid leave of absence, then sick leave cannot be used for the purpose of maintaining eligibility for an Employer Contribution by keeping the faculty member on a State payroll for one working day per pay period.

c. A faculty member on an approved Family Medical Leave Act (FMLA) leave or on a Voluntary Reduction in Hours as provided elsewhere in this Agreement maintains eligibility for an Employer Contribution.

Section D. Amount of Employer Contribution. For faculty members eligible for an Employer Contribution as described in Section C, the amount of the Employer Contribution will be determined as follows beginning on January 1, 2004. The Employer Contribution amounts and rules in effect on June 30, 2003, will continue through December 31, 2003.

Subd. 1. Contribution Formula-Health Coverage.

a. Faculty Member Coverage. For faculty member health coverage, the Employer contributes an amount equal to one hundred percent (100%) of the faculty member premium of the Minnesota Advantage Health Plan (Advantage).

b. Dependent Coverage. For dependent health coverage for the 2004 and 2005 plan years, the Employer contributes an amount equal to eighty five percent (85%) of the dependent premium of Advantage.

Subd. 2. Contribution Formula-Dental Coverage.

a. Faculty Member Coverage. For faculty member dental coverage, the Employer contributes an amount equal to the lesser of ninety percent (90%) of the faculty member premium of the State Dental Plan, or the actual faculty member premium of the dental plan chosen by the faculty member.

b. Dependent Coverage. For dependent dental coverage, the Employer contributes an amount equal to the lesser of fifty percent (50%) of the dependent premium of the State Dental Plan, or the actual dependent premium of the dental plan chosen by the faculty member.

Subd. 3. Contribution Formula-Basic Life Coverage. For faculty members’ basic life coverage and accidental death and dismemberment coverage, the Employer contributes one hundred percent (100%) of the cost.

Section E. Coverage Changes and Effective Dates.

Subd. 1. When Coverage May be Chosen.

a. Newly Hired Employees. All faculty members hired to an insurance eligible position must make benefit elections by their initial effective date of coverage as defined in this Article, Section E, Subdivision 3. Insurance eligible employees will automatically be enrolled in basic life coverage. If faculty members eligible for a full Employer Contribution do not choose a health plan administrator and a primary care clinic by their initial effective date, they will be enrolled in a Benefit Level Two clinic (or Level One, if available) that meets established access standards in the health plan with the largest number of Benefit Level One and Two clinics in the county of the faculty member’s residence at the beginning of the insurance year.

b. Eligibility Changes. Faculty members who become eligible for a full Employer Contribution must make their benefit elections within thirty (30) calendar days of becoming eligible. If employees do not choose a health plan administrator and primary care clinic within this thirty (30) day timeframe, they will be enrolled in a Benefit Level Two clinic (or Level One, if available) that meets established access standards in the health plan with the largest number of Benefit Level One and Two clinics in the county of the employee’s residence at the beginning of the insurance year.

If employees who become eligible for a partial Employer Contribution choose to enroll in insurance, they must do so within thirty (30) days of becoming eligible or during open enrollment.

A faculty member may change his/her health or dental plan if the faculty member changes to a new permanent work or residence location, and the faculty member’s current plan is no longer available. If the faculty member has family coverage and if the new residence location is outside of the current plan’s service area, the employee shall be permitted to switch to a new plan administrator and new Benefit Level within thirty (30) days of the residence location change. The election change must be due to and correspond with the change in status. A faculty member who receives notification of a work location change between the end of an open enrollment period and the beginning of the next insurance year may change his/her health or dental plan within thirty (30) days of the date of the relocation under the same provisions accorded during the last open enrollment period.

A faculty member may also change health or dental plans in any other situation in which the Employer is required by applicable federal or state laws to allow a plan change.

Subd. 2. When Coverage May be Changed or Cancelled.

a. Changes Due to a Life Event. After the initial enrollment period and outside of any open enrollment period an employee may elect to change health or dental coverage (including adding or canceling coverage) and any applicable employee contributions in the following situations (as long as allowed under the applicable provisions, regulations, and rules of the federal and state law in effect at the beginning of the plan year).

The request to change coverage must be consistent with a change in status that qualifies as a life event, and does not include changing health or dental plans, which may only be done under the terms of Section E, Subdivision 1, above. Any election to add coverage must be made within thirty (30) days following the event, and any election to cancel coverage must be made within sixty (60) days following the event. (An employee and a retired employee may add dependent health or dental coverage following the birth of a child or dependent grandchild, or following the adoption of a child, without regard to the thirty (30) day limit.) These life events (for both employees and retirees) are:

1. A change in legal marital status, including marriage, death of a spouse, divorce, legal separation and annulment.

2. A change in number of dependents, including birth, death, adoption, and placement for adoption.

3. A change in employment status of the employee, or the employee’s or retiree’s spouse or dependent, including termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, and a change in working conditions (including changing between part-time and full-time or hourly and salary) of the employee, the employee’s or retiree’s spouse or dependent which results in a change in the benefits they receive under a cafeteria plan or a health or dental plan.

4. A dependent ceasing to satisfy eligibility requirements for coverage due to attainment of age, student status, marital status, or other similar circumstances.

5. A change in the place of residence of the employee, retiree or their spouse or dependent.

6. Significant cost or coverage changes (including coverage curtailment and the addition of a benefit package).

7. Family Medical Leave Act (FMLA) leave.

8. Judgments, decrees or orders.

9. A change in coverage of a spouse or dependent under another Employer’s plan.

10. Open enrollment under the plan of another Employer.

11. Health Insurance Portability and Accountability Act (HIPAA) special enrollment rights for new dependents and in the case of loss of other insurance coverage.

12. A COBRA-qualifying event.

13. Loss of coverage under the group health plan of a governmental or educational institution (a State’s children’s health insurance program, medical care program of an Indian tribal government, State health benefits risk pool, or foreign government group health plan).

14. Entitlement to Medicare or Medicaid.

15. Any other situations in which the group health or dental plan is required by the applicable federal or state law to allow a change in coverage.

b. Canceling Dependent Coverage During Open Enrollment. In addition to the above situations, dependent health or dependent dental coverage may also be canceled for any reason during the open enrollment period that applies to each type of plan (as long as allowed under the applicable provisions, regulations and rules of the federal and state law in effect at the beginning of the plan year).

c. Canceling Employee Coverage. A part-time employee may also cancel employee coverage within sixty (60) days of when one of these same life events occurred.

d. Effective Date of Benefit Termination. Medical, dental and life coverage termination will take effect on the first of the month following the loss of eligible employee or dependent status. Disability benefit coverage terminations will take effect on the day following loss of eligible employee or dependent status.

Subd. 3. Effective Date of Coverage.

a. Initial Effective Date. The initial effective date of coverage under the Group Insurance Program is the thirty-fifth day following the faculty member’s first day of employment, reemployment, rehire, or reinstatement with the State. The initial effective date of coverage for an employee whose eligibility has changed is the date of the change. A faculty member must be actively at work on the initial effective date of coverage, except that a faculty member who is on paid leave on the date State-paid life insurance benefits increase is also entitled to the increased life insurance coverage. In no event shall a faculty member’s dependent’s coverage become effective before the faculty member’s coverage.

If an employee is not actively at work due to employee or dependent health status or medical disability, medical and dental coverage will still take effect. (Life and disability coverage will be delayed until the employee returns to work.)

b. Delay in Coverage Effective Date.

1. Basic Life. If a faculty member is not actively at work on the initial effective date of coverage, coverage will be effective on the first day of the faculty member’s return to work. The effective date of a change in coverage is not delayed in the event that, on the date the coverage change would be effective, a faculty member is on an unpaid leave of absence or layoff.

2. Medical and Dental. If a faculty member is not actively at work on the initial effective date of coverage due to a reason other than hospitalization or medical disability of the faculty member or dependent, medical and dental coverage will be effective on the first day of the faculty member’ return to work.

The effective date of a change in coverage is not delayed in the event that, on the date the coverage change would be effective, a faculty member is on an unpaid leave of absence or layoff.

3. Optional Life and Disability Coverages. In order for coverage to become effective, the faculty member must be in active payroll status and not using sick leave on the first day of the pay period coinciding with or next following approval by the insurance company. If it is an open enrollment period, coverage may be applied for but will not become effective until the first day of the faculty member’s return to work.

Subd. 4. Open Enrollment.

a. Frequency and Duration. There shall be an open enrollment period for health coverage in each year of this Agreement, and for dental coverage in the first year of this Agreement. Open enrollment periods shall last a minimum of fourteen (14) calendar days in each year of the Agreement. Open enrollment changes become effective on January 1, of each year of this Agreement.

b. Eligibility to Participate. A faculty member eligible to participate in the Group Insurance Program, as described in Section B., Subd. 1. and Section B., Subd. 2., may participate in open enrollment. In addition, a person in the following categories may, as allowed in Section E., Subd. 4.a. above, make certain changes: (1) a former employee or dependent on continuation coverage, as described in Section B., Subd. 4., may change plans or add coverage for health and/or dental plans on the same basis as active employees; and (2) an early retiree, prior to becoming eligible for Medicare, may change health and/or dental plans as agreed to for active employees, but may not add dependent coverage.

c. Materials for Faculty Member Choice. Each year prior to open enrollment the Appointing Authority will give eligible faculty members the information necessary to make open enrollment selections. Employees will be provided a statement of their current coverage each year of the contract.

Subd. 5. Coverage Selection Prior to Retirement. A faculty member who retires and is entitled to receive an annuity under a State retirement program may change his/her health or dental plan during the sixty (60) calendar day period immediately preceding the date of retirement. The faculty member may not add dependent coverage during this period. The change takes effect on the first day of the first pay period beginning after the date of retirement.

Section F. Basic Coverages.

Subd. 1. Faculty Member and Family Health Coverage.

a. Minnesota Advantage Health Plan (Advantage). The health coverage portion of the State Employee Group Insurance Program is provided through the Minnesota Advantage Health Plan (Advantage), a self-insured health plan offering four (4) Benefit Level options. Provider networks and claim administration are provided by multiple plan administrators. Coverage offered through Advantage is determined by Section F, Subd. 1, paragraph b below.

b. Coverage under the Minnesota Advantage Health Plan (Advantage). From July 1, 2003 through December 31, 2003, health coverage under the SEGIP will continue at the level in effect on June 30, 2003. Effective January 1, 2004, Advantage will cover eligible services subject to the copayments, deductibles and coinsurance coverage limits stated. Services provided through Advantage are subject to the managed care procedures and principles, including standards of medical necessity and appropriate practice of the plan administrators. Coverage details are provided in the Advantage Summary of Benefits.

1. Benefit Options. Employees must elect a plan administrator and primary care clinic. Those elections will determine the Benefit Level through Advantage. Enrolled dependents must elect a primary care clinic that is available through the plan administrator chosen by the employee.

I. Plan Administrator. Employees must elect a plan administrator during their initial enrollment in Advantage and may change their plan administrator election only during the annual open enrollment and when permitted under Section E. Dependents must be enrolled through the same plan administrator as the employee.

II. Benefit Level. The primary care clinics available through each plan administrator are assigned a Benefit Level. The Benefit Levels are outlined in the benefit chart below. Primary care clinics may be in different Benefit Levels for different plan administrators. Family members may be enrolled in clinics that are in different Benefit Levels. Employees and their dependents may change to clinics in different Benefit Levels during the annual open enrollment. Employees and their dependents may also elect to move to a clinic in a different Benefit Level within the same plan administrator up to two (2) additional times during the plan year. Unless the individual has a referral from his/her primary care clinic, there are no benefits for services received from providers in Benefit Levels that are different from that of the primary care clinic in which the individual has enrolled.

III. Primary Care Clinic. Employees and each of their covered dependents must individually elect a primary care clinic within the network of providers offered by the plan administrator chosen by the employee. Employees and their dependents may elect to change clinics within their clinic’s Benefit Level as often as the plan administrator permits and as outlined above.

IV. Advantage Benefit Chart for Services Incurred During Plan Year 2004 and 2005.

2004-2005 Benefit	Benefit Level	Benefit Level	Benefit Level	Benefit Level
Provision	1 The member pays:	2 The member pays:	3 The member pays:	4 The member pays:
Deductible for all services except drugs and preventive care (S/F)	$30/60	$80/160 in 2004 $100/200 in 2005	$280/560	$500/1000
Office visit copy (copay waived for preventive services)	$15	$20	$20	N/A – subject to Deductible and 30% Coinsurance to OOP maximum
Emergency room Copay	$50	$50	$50	N/A – subject to Deductible and 30% Coinsurance to OOP maximum
Facility copays . Per inpatient Admission . Per outpatient Surgery	$50 $25	$150 $75	$400 $150	N/A—subject to Deductible and 30% Coinsurance to OOP maximum
Coinsurance for services NOT subject to copays	0% (100% coverage after payment of deductible)	0% (100% coverage after payment of deductible)	10% (90% coverage after payment of deductible)	30% for all services to OOP maximum after deductible.

2004-2005 Benefit

Benefit Level

Provision

The member

pays:

The member

pays:

The member pays:

Deductible for all services except drugs and preventive care (S/F)

$30/60

$80/160 in 2004

$100/200 in

2005

$280/560

$500/1000

Office visit copy

(copay waived for

preventive services)

$15

$20

N/A – subject

to Deductible

and 30% Coinsurance

to OOP maximum

Emergency room

Copay

$50

N/A – subject

to Deductible

and 30%

Coinsurance

to OOP

maximum

Facility copays

. Per inpatient

Admission

. Per outpatient

Surgery

$50

$25

$150

$75

$400

$150

N/A—subject

to Deductible

and 30%

Coinsurance

to OOP

maximum

Coinsurance for

services NOT

subject to copays

0% (100%

coverage after

payment of

deductible)

0% (100%

coverage after

payment of

deductible)

10% (90%

coverage after

payment of

deductible)

30% for all

services to

OOP

maximum

after

deductible.

Coinsurance for

durable medical

equipment

20% (80%

coverage after

payment of

20%

coinsurance)

20% (80%

coverage after

payment of 20%

coinsurance)

20% (80%

coverage after

payment of

20%

coinsurance)

30% for all

service to

OOP

maximum

after

deductible.

Copay for

formulary/non-formulary

prescription drug

Plan

$15 formulary

$30 non-formulary

$15 formulary

$30 non-formulary

$15 formulary

$30 non-formulary

$15 formulary

$30 non-formulary

Maximum drug out-of-pocket limit (S/F)

$600/1200 in

2004

$650/1300 in

2005

$600/1200 in

2004

$650/1300 in

2005

$600/1200 in

2004

$650/1300 in

2005

$600/1200 in

2004

$650/1300 in

2005

Maximum non-drug

Out-of-pocket limit (S/F)

$800/1600 in

2004

$1000/2000 in 2005

$800/1600 in

2004

$1000/2000 in 2005

$800/1600 in

2004

$1000/2000 in 2005

$800/1600 in

2004

$1000/2000 in 2005