Rules for employment after the age of 67
Ref no. 1-284/2017. Decision by Vice-Chancellor 20/06/2017.
Apply as of 01/01/2017
The management of employment should be transparent and take place on objective and factual grounds. The planning of competence management should take place based on a long-term approach and knowledge transfer should occur with good advance planning. Therefore, KI needs clear and well-established rules for employment after the age of 67 based on operational needs. These rules aim to ensure that employment after the age of 67 is managed in an equivalent manner across the University and is based on operational needs and financial conditions.
These rules contain special regulations for employment of persons who have terminated their employment in accordance with Section 32 a of the Employment Protection Act (1982:80). For the rest, the same regulations apply as for other employment to the extent that they do not breach these rules.
General starting points
Pursuant to Section 32 a of the Employment Protection Act (1982:80), employees are liable to terminate their employment by the end of the month they turn 67 years of age. There is no right of priority to re-employment.
In some contexts KI needs to employ persons who have retired with old age pension. This applies to persons with important experience, a valuable network of contacts and special competence, in which case termination would entail a significant loss for the operations. This fact should be balanced carefully against operational needs of re-orientation and renewal and against KI’s needs of developing other employees in their work and career.
Employment after old age pension is not an entitlement for the individual and any employment should always be examined carefully on objective and factual grounds based on operational needs. The examination should illustrate that it is valuable for the operations to employ a person who receives old age pension. The need and the benefit which employment can add to KI in both the short and long term should be specified in particular. The need can be justified for specific competence for bridging new recruitment for a certain duration or for ongoing and externally financed research projects or for being able to represent the University in special contexts.
Long term planning of competence management in connection with employees approaching retirement age is essential for successful generation change. The regular work on operational planning should include planning of the long term competence management of the department/unit where targets for the operations, analysis of the challenges which the operations are facing and strategies for attaining the targets are included. Such an analysis may, for example, entail that the focus of the operations needs to be changed and measures need to be taken to attract persons with other competence profiles. Employing a person who has reached old age pension is always a temporary and short term solution.
When applicable, there should be planning for how applications where a grant will cover longer than 67 years should be handled, i.e. proactivity as terms may demand employment. Likewise, supervisor assignments should always be planned to ensure that these can be completed appropriately. In this regard retirement obligation at 67 years of age should be taken into consideration.
Form of employment, conditions, etc. for employment after the age of 67
The following applies to all employment contracts which are concluded with persons who have turned 67 years of age.
Employment after the age of 67 takes place based on Section 5, p. 4 of the Employment Protection Act (employment of visiting professors and adjunct professors takes place based on Chapter 4, Sections 10-12 of the Higher Education Ordinance [1993:100]).
- Terms of employment should be regulated in an employment contract.
- Salary is paid on a monthly basis.
- The employment is permanent, however it applies for maximum one year at a time and may proceed for maximum five years in total.
- The capacity utilisation rate should comprise minimum 10% and maximum 50% of full time.
- Employment after the age of 67 should not comprise engagement as a manager or duties with a supervisory position or new assignments as main supervisor for doctoral students.
- The decision on employment after the age of 67 is made in accordance with applicable delegation rules and may not be delegated.
Exemptions from points 4, 5 and 6 may be made if there are exceptional reasons for this and decisions on exemption are made by the Vice-Chancellor.
Continued activities as teachers or researchers
The following describes special conditions for employment of teachers and researchers after retirement age in addition to that which applies below the heading “Form of employment, conditions, etc. for employment after the age of 67” above.
Teachers or researchers who retire with old age pension possess valuable and difficult to replace competence and KI is positive towards them continuing their activities at the University. However, in light of the fact that available resources should be utilised effectively, a careful deliberation is required when it is decided how the University can utilise the knowledge and experience of these co-workers in the best manner. In addition to strategic deliberations, the local situation and financial conditions should be considered as well as the expected contributions of the co-workers to the development of the operations. It is also essential that teachers and researchers who are interested in continuing their operations respect the operational needs of renewal and other employees’ need of continued support and development.
In the event the department concludes that there are objective and acceptable reasons for teachers or researchers to continue their operations after retirement, the form in which continued operations should be managed should be examined.
Affiliation in the first instance
When applicable, continued activities after retirement should, in the first instance, be conducted as an affiliation, for instance as professor emeritus/emerita, without employment taking place.
Employment must be justified
If the department is of the opinion that there are reasons to employ a teacher or a researcher after the age of 67 based on grounds other than association, such a decision should be specifically considered and justified.
In addition to what is stated under the heading of “Form of employment, conditions, etc. for employment after the age of 67”, points 1 to 6, teachers and researchers employed after the age of 67 shall;
a. be financed through applicable ongoing external grants for salary and operation or when applicable through education funds
b. be prepared to provide education based on KI’s needs
c. be recruited immediately after retirement from KI
d. be prepared to act as a mentor for junior researchers
A professor who is employed after the age of 67 will have the title of senior professor. The role of senior professor is not a professorial employment pursuant to the Higher Education Ordinance (1993:100) but a position which enables temporary employment after retirement. Only those who, at the time of old age pension, were employed as professors at KI may be employed as senior professors. As employment as senior professor should take place immediately after the employment at KI terminates, a new expert examination is not required.
The five year limit in point 4 below the heading “Form of employment, conditions, etc. for employment after the age of 67” counts as of the date these rules enter into force.