November 17, 2011

Termination pay permitted


Termination pay permitted
Op. St. Comp 642

The State Comptroller advised a school district that it may negotiate a contract provision with the teacher union involved providing for a lump sum termination payment upon resignation.

The provision in question apparently provided for such payment when a teacher having fifteen or more years of service resigned. However it would appear that such a payment could be authorized by the contract regardless of the amount of service, in an amount mutually agreed upon. The parties, of course, could provide for a “sliding scale” based on the number of years of service with the district at the time of resignation.

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