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    Minooka CCSD 201 - Superintendent Al Gegenheimer Retirement Agreement

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    Minooka CCSD 201 - Superintendent Al Gegenheimer Retirement Agreement

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    362 views13 pages

    Retirement Agreement and General Release 25 MAR 2015

    Uploaded by

    DPMartin
    Minooka CCSD 201 - Superintendent Al Gegenheimer Retirement Agreement

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    of 13
    RETIREMENT AGREEMENT AND GENERAL RELEASE ‘THIS RETIREMENT AGREEMENT, is made and entered into on the dates inlcated ‘below, by and between ALBERT GEGENHEIMER (hereinafter “Gegenhelme?”) andthe BOARD OF EDUCATION OF MINOOKA COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 201, GRUNDY, KENDALL AND WILL COUNTIES, ILLINOIS (hereintfier “Board” or “District”, (bereinafer collectively referred wo asthe “Parties. WITNESSET! WHEREAS, the Superintendent on the date of execution ofthis Agreement, is emphyed by the Board as Superintendent under the Superiatendent's Employment Contract dated Aprl25, 2012 (Employment Contract”); and WHEREAS, the Superintendent has voluntarily elected to etc from the Illinois Techers? Retirement System and resign from employment inthe Diseit effective June 5,2015; ani WHEREAS, the Superintendent has submitted his inevocable leter of retirement and resignation effective June 5, 2015, which is attached hereto as Exhibit A, and which is amped by the Board on the date of execution of this Agreement; and WHEREAS, the Superintendent andthe Boatd are ruta agreeable to entering into tis ‘Agreement, which confirms the terms and conditions of the Superintendents retiemt and resignation and releases and waives any charges, grievances, lawsuit, claims, or other potential Iitigation between the Parties. NOW THEREFORE, in consideration ofthe terms and conditions contained hein, and ‘other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1, INCORPORATION OF RECITALS. The recitals set forth hereinabove are tue and correct and are incorporated in this Agreement by reference 2. RESIGNATION OF EMPLOYMENT. The Superintendent hereby irevocabl eerste ‘the Board his intent o retire and voluntary resignation from his position as Superintendent effective June 5, 2015. An executed copy of suid letter of retirement and resignation is atached to this ‘Agreement as Exhibit A. The Board hereby accepts the Superintendent's resignation, ‘The Parties agree that the Employment Contract and al o ts terms and conditions shall control and govern the relationship between the Patis until the effective date of Gegenbsimer’s resignation. As of such resignation dat, the Fmployment Contact shall be terminated andthe Superintendent hereby waives any sad all ernaining contractual rights set forth in such Employment Contract including, but not limited to, the retirement benefits set forth in Paragraph 16, sof such resignation date 3. CONTRACTUAL PAYMENTS AND OTHER CONSIDERATION, In consideration ofthe Superintendent's retirement and resignation from employtnt ane the General Release of Claims set forth in Paragraph 5 of this Agreement, the Board hereby agrees as flows: 4. Employment Contract. To provide all compensation and regular benefitsirough June 5, 2015, a set forth in the Employment Contract b, Payment. ‘To pay Gegenheimer his remaining annual salary for the 201-2015 contract year (calculated by subtracting the total salary already receited by (Gegenteimer fr the 2014-2015 contract year fom his anmalslary of $1627.66), less applicable withholdings for state and federal taxes, and any other deductions seouired by law or authorized by Gegenheimer. The remaining salary refrenced ‘herein shal be pid in one lump sum with Gegenheime’s final payeheck forrogular ‘earnings on June 12,2015, ‘The Patties agree that in addition tothe remaining annual slary noted herin, the Board shall pay on behalf of Gegenheimer to the State of llinois Teachers? Retirement System (“TRS”) and the Teachers’ Heals Insurance Securiy Fund (CCTHIS”) Gegenbeimer’s required member contribution to said pension sysem and health find due on suck remaining salary. The member contribution to TRS noted above, although designated as en employee contbution, i being paid by the employer in lieu of contributions bythe employee and is being picked up pusuant to the Internal Revenue Code of 1986, Section 414(h)2), as amended, tothe extent permissible by such Code and TRS. Gogenheimer shall not have the option of choosing to receive the contibuted amount drei insteed of having it pail by the Board to TRS. ‘The Pats further agree that notwithstanding anything herein, Gegenheimers TRS creditable earnings forthe 2014-2015 contract year shall not exceed $179,13653 (6% over his 2013-2014 TRS creditable earnings), and the Board reserves the ight 10 adjust any such compensation set forth herein accordingly © Vacation. The Parties hereby acknowledge that as of his resignstion date, GGegenheimer shall not have any earned, unused vacation days left owing; and thus, ‘one shall be payable pursuant tothe Illinois Wage Payment and Collection Act. 4. Insurance. Upon his resignation, the Board shall continue to provide and pay the premiums for hospitilization, major medical, dental and vision insuraice for Gogenheimer andthe dependent members of Gegenheimer immediate fay, atthe sume level (¢., PPO family, HMO family, PPO + one, Single ..tc.) tat such benefits were provided bythe Board as of Gegenhemier’sresgnation date asdefined 2 by and to the extent permitted by the contract of group insurance effective in the District, provided Gegenheimer remains eligible and enrolled. Such eligibility and ppeyment by the Board shall cease upon the earlier of: (1) Gegenkeimer bxoming eligible for Medicare; (2) Gegenheimer becoming employed by another enployer| offering health insurance coverage; o (3) Gegenheimer’s death. At such tze that Gegenheimer’s benefit under this subparagraph terminates, the benefit to his immediate dependents referenced herein shall also terminate. At ha ime, ‘Gegenheimer and bis dependents, if applicable, may exercise any righ under federal ‘COBRA and state and other applicebe insurance continuation laws, shouldihey be availble, a his own cost, Should the District's contract of insurance not ellow Gegenheimer’scontination on the plan, the Board shall instead pay such premium amounts to the Teachers? Retirement Insurance Program (“TRIP”) should Gegeaheimer be cligibe andchoose to enrol in such health plan. The same terminston provisions set for in the subparagraph immediately above shall apply co the ratximu timeframe thatthe District wil pay the premiums for TRIP coverage. Iti also understood that the District shall pay TRIP premiums up tothe maximum cost it would have ai for ‘coverage under its own contract of insurance (asset forth and described in the subparagraph immediately above) had the Distits contract of insurance allowed Gegenheimer to remain enrolled tis understood that Gegenhemie shall not have the option of choosing toreceive cash in Hew of any pat ofthe insurance benefit se forth herein, However fat any time the Boards provision ofthe payment for insurance se forth herein is damed 19 constitute a discriminatory or otherwise impermissible benefit under law or Fegalation or other official guidanee, subjecting the Board or Gegenheimer to Potential penalties, fees, employee benefit plan failure ot increased tax paren, then the Board may in its sole discretion, determine to decrease or eliminate its payment of such insurance and make a corresponding cash payment to Gegezheimer jnanamount equal othe cash value ofthe reduction o elzunation calculated based upon the cos of coverage atthe time of the reduction or elimination andthe umber ‘of months remaining unpaid up through the date Gegenkeimer becomes eiible for Medicare. Such payment, should it ocur, wil be considered wages and wilbe lest applicable withholdings forstate and federal axes and anyother deductions quired by law. ‘Teachers’ Retirement System Early Retirement Option. Should Gegestvimerbe eligible fer and appl to retire pursuant to theHlinois Teachers" Retirement System's Early Retirement Without Discount Option (40 ILCS 5/16-133.2) ("ERO"), the Board shall approve suc retirement, and in addition to making its own requ ERO ‘contributions, the Board skal pay one hundred percent (100%) of Gegentsimer's ‘member ERO contibutio. This peyment willbe paid directly to TRS uponreceipt ‘of the employer payment coupon or other similar statement from TRS indicing the ‘amount of said contribution ‘The Parties understand that the contributions set forth in this subparagraph shall be structured such that they are nonereditable compensation for TRS purpases and shall be made after Gegenteimer's receipt of his final paycheck for regular exmings. “The Parties understand that 19 effectuate any paymen's for such subpaneraph, Gegenheimer shall provide the District with any and all authorizations, docunents, oF other information necesary to determine the amount of each ofthe TRS payments. It is further understood berween the Parties thet the member contibution to TRS noted above, although designated as an employee contribution, i being pad bythe Bosrd in ew of contributions by the employee und is being picked up pursuant to the Internal Revenue Cade of 1986, Section 414{K)(2), 28 amended to the extent permissible by such Code and TRS. Gegenhsimer shall not have te oyion of ‘choosing o receive the contributed amounts ditetl instead of having them paid by the exployer to TRS, BENEFITS EXCEED ANY OTHER BENEFIT TO WHICH GEGENHEINER IS ENTITLED. No promise has been made by either pay o pay the other any otherat Fue consideration except as se forth in Paragraphs 2, 3, and 8 herein. Gegenheimer shall not be centtled to any atonal benefits from the Board other than those specifically setforth in this Agreement, Further, Gegenheimer acknowledges und agrees that certain payments and ‘promises indicated in Paragraphs 2 3, and 8 excaed any paymens, benefit or other hing of Value which he already is entitled to receive from the Board MUTUAL GENERAL RELEASE OF CLAIMS. In consideration ofthe promises and ‘payments contained in this Agreement, Gegenheimer, for himself and for his agents, representatives, attorneys. assigns. successors, heirs. executors, administrators, andeachand every one of tiem and the Board, its respective Board members, agents, success and assigns, and each and every one of them fully and mutually release, discharge, forerer free and bold harmless each other from any and all claims, debi, dues, demands, liens, obligations, fes (including attorneys! fees), actions, or causes of action, of everykind oF ature, at law or in equity, whic either party may now have, or elsim to have, whether ‘known or unknowa, anticipated or unanticipated, against the other by eason of any at done or omitted to be done connected withthe past or present relationship between th Parties arising ot of Gegenheimer's employment withthe Board or resignation from empltymen This release specifically includes, but is not limited to, rights or claims arising wader the Minois Wage Payment and Collection Act, 820 ILCS 115/1 et seq, Ilinois Fuman Rights Act, 775 LCS S/1-101 er seq, the Americans with Disables Act of 1990, 42 USC. See. Y2101 et seq, as amended, Section 504 of the Rehabilitation Act of 1973, 29 USC. Ses. 94(@), Title VII of the Civil Rights Act of 1991, 42 US.C. 2000 et seq, the Age Discrimination in Employment Act of 1967, 29 USC. Sec. 621 ef seg. as amenied, the Fanily and Medica! Leave Act of 1993, 29 US.C. 2601, e seg, the Mlinois and Urited States Constitutions, any other federal, state or lcal statute, law, regulation, order, snd any applicable employment contrac, except to enforce the terms ofthis Agreement; nd b) for any claims aginst Gegenhime for wich he might seek coverage unde Section 1020-20. the Ilinois School Cade, 105 ILCS 5/L0-20.2. ‘The Parties acknowledges thatthe Board has & duty to indemnity, protect andiefend, ‘where applicable, Gegenheimer for claims in cordance with Section 10-20.20ofteSchool Code, Further, if he Board requires Gegenheimer to participate nany such tigation claims and/or suits related to his employment withthe Board and the Board requires Gegetheimer to travel for such purposes, the Board shall pay the reasonable transportation, travel and lodging costs, if any, incurred by Gegenheimer as a result of such participation It is ‘understood by the Parties that the Board shall make the travel and lodging arangernts for Gegenieimer under such circumstances. )NTRACTUAL CAPACITY. Gegenbeimer acknowledges that he has entered into this ‘Agreement voluntarily and knowingly and with the full and complete authoriy and ‘contractual capacity to do so, Gegenheimer acknowledges that he has consulted with an attomey prior to executing this Agreement and has had ample opportunity to review is terms, Gegenheimer, herefore, owingly and voluntarily relinguishes and waivesal legal sand equitable remedies provided under the federal Age Discrimination in Employment Act, 8 amended. Gegenheimer acknowledges that he is aware of and understands all rigts and claims pursuant to this Act, including without imitation, the following: 8, ThatGogenleimer has the right tobe provided twenty-one 21) calenéar days prior to the tender of his proffered resignation to consider his volar, ‘unconditional and irrevocable decision to resign asthe Superintendertand as sanemployee of the Board. Gegenheimer acknowiedges that he may Sen this ‘Agreement sooner, that he selected todo so, and that his decision do $0 ‘vas knowing and voluntary and not induced by the Board through fraud, risrepresentaton, or threat; b. That for a period of seven (7) calendar days following Gegentsimer’s ‘execution ofthis Agreement, he has the right to revake this Agreesent by

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