Where Is My Retirement Now That I Need It?

I am 76 years old, and worked as a part-time instructor at a local community college for several years. I accumulated $1943.73 in my Oregon PERS Individual Account Program (IAP) from this employment. These monies were paid into my account by me and/or my employer. The IAP PERS account is in my name and periodic letters showing the status of this account were mailed to me at my home.


I ceased working for the community college June 8, 2009. I have never and do not work for any other Oregon State organization. I decided to retire from state service and apply for my IAP Distribution. I did so on September 11, 2009. The amount of money in this IAP Account is so low that I decided it would make more sense to apply for the retirement monies in one lump sum. The written rules on the IAP Application form allows for this. I applied for Oregon PERS to send this IAP Retirement distribution to me.


I have called Oregon PERS about every 60 to 90 days to check on the status of this application, and each time was told that due to the heavy work load at PERS, it would take at 90 days to 120 days to process this application. I was also eventually told that my papers of application were in order and that I would receive a check shortly (another 90 to 120 days).


Finally on March 15, 2010, I received a letter from Oregon PERS informing me that my work in a PERS-covered position was non-qualifying for IAP contributions and therefore they rejected my request for distribution of the funds in my IAP account. I called Oregon PERS on March 17, 2010 and was told that one must have worked 600 hours per year to be eligible for benefits.


I have a few serious questions.


1) To whom do the monies held in my name by Oregon PERS actually belong? If the monies are not mine, why were they collected from my previous employer?


2) What does Oregon PERS do with monies collected in the name of someone's retirement, but permanently kept in PERS' own company account?


3) Shouldn't public employees know that their retirement funds may never be distributed to them upon their retirement?


4) Have I completely misunderstood the function of a PERS Retirement Fund?

Can Unemployed Part Time Teachers Draw Unemployment?

HOW TO DRAW UNEMPLOYMENT COMPENSATION WHEN YOU ARE AN UNEMPLOYED PART-TIME TEACHER.

PROBLEM:

Most states have passed legislation denying unemployment compensation to teachers during so-called “Vacation Times.” This is to prevent teachers from being paid from the school system and the state unemployment system simultaneously. These “Vacation” periods are generally during religious holidays and summer recess.

Full-time college and K-12 teachers are contracted with the school. Such contract is usually from 8 to 12 months in duration. Unless stated otherwise, these contracts are usually continued in succeeding years. Contracts between school systems and teachers frequently have paid non-working periods for holidays and times between teaching sessions.

Whereas this may seem reasonable for full-time teachers, it is NOT reasonable for part-time college and K-12 teachers. They are usually hired to teach occasional classes, quarters or semesters and are paid by the hour. The contract between the school and the part-time teacher almost always definitely states that such teaching duties do not lead to any tenure or assurance of future employment.

This working relationship between employer and employee is similar to the situation common with migrant workers. They are hired to do a specific job, and when the job is finished they are free to seek further employment elsewhere. Migrant workers are also generally paid by the job or by the hour. Migrant workers, however, are eligible to receive unemployment compensation during periods of unemployment.

Approximately 30 % to 80% of the teachers in community colleges, 4-year colleges, and universities are part-time! Most are denied unemployment compensation by their state agencies, are ignorant of their rights, and never even try to qualify for unemployment compensation. This means that hundreds of teachers do not benefit by any unemployment system.

SOLUTION TO THE PROBLEM:

If you are a part-time employee (including teachers) and are laid off, or your job is finished, or you are not rehired, you may qualify for unemployment compensation. If you wish to draw unemployment compensation when you are out of work in your capacity as a part-time teacher, it is important to make the case that your part-time status is completely different from that of a full-time status. The names may be similar, but the contracts are entirely different.

You must, however, follow certain simple steps and rules. It is also best to put all your correspondence in writing. Remember, VERBALS DON’T GO! People frequently don’t remember verbal conversations as you might.

1. APPLY for unemployment compensation. You must ask for it.

2. DO NOT resign from your place of employment. Never put yourself in a position where the unemployment office thinks you QUIT working.

3. OBTAIN a letter from your place of employment stating that you are not scheduled to be hired for the next work period (quarter or semester). This letter will usually be from the Director of Human Resources and can be handed to you or mailed by the Human Resource office to the state unemployment compensation office. Definitely get a letter from your place of work. If they refuse, write a letter to the state unemployment compensation office and so inform them. Send a copy to the Director of Human Resources at your former workplace. The state unemployment office will then take care of the matter for you.

4. SEND a letter to the state unemployment compensation office stating that you would be happy to accept immediate employment, either part or full time, with your previous employer.

5. APPLY for any and all jobs that you are qualified for in your home area. Do this continually. The state unemployment office will be happy to help you do this.

6. BE ready to appeal an adverse ruling by the state unemployment office, and attend a hearing (usually via telephone) if necessary. This puts the decision making into the hands of a third party who will mostly likely give you an unbiased opinion.

7. REMEMBER to always be polite, even if you don’t like the final decision. Your case should prevail if you follow this list, and you have all your “ducks in order.” Follow the law and remember that you are a professional.

CONCLUSION

Best of luck! Two of us part-time teachers at Oregon Coast Community College have successfully succeeded and drawn unemployment compensation.