SECTION 5. RETIREMENT POLICY FOR MEMBERS OF THE FACULTY [See Section 7.g.] [Amended 6/26/87]

a. Except as hereinafter provided, each member of the faculty may retire in accordance with the provisions of Chapter 135, Article 1, of the General Statutes of North Carolina (Retirement System for Teachers and State Employees).

b. Each member of the faculty who has permanent tenure and who reaches his or her seventieth birthday on and after January 1, 1987, and before January 1, 1994, shall automatically be retired from University employment (without notice) -on July 1 coincident with or next following his or her seventieth birthday, unless he or she is continued in employment pursuant to the provisions of subsection c. of this Section 5.

c. A faculty member who has permanent tenure and who reaches his or her seventieth birthday on or after January 1, 1987, but before January 1, 1994, may be continued in employment past the retirement date specified in subsection b. only when exceptional circumstances are such that the University would suffer adverse effects if the individual's service were not to be continued, and only where the salary of the individual is fully funded from sources other than continuing State budget funds. Continuation in employment may be authorized only in increments not exceeding one year and only for a maximum of halftime service. Such continuation in employment shall not extend beyond July 1 coincident with or next following the employee's seventy-second birthday. Any continuation in employment must be in accordance with the following procedure.

  1. Each proposed appointment to continue employment beyond the retirement date specified in subsection b. shall be initiated by recommendation of the chairman or dean of the department or school concerned after consultation with the faculty member. The recommendation shall present evidence that the faculty member is capable of continuing to perform at a high level, shall set forth in detail the exceptional circumstances that justify the recommendation, and shall indicate the source(s) of funding for the proposed salary. [Amended 6/11/82]

  2. The recommendation of the chairman for continuation shall be reviewed through the administrative channels prescribed for the review of recommendations for other fixed-term faculty appointments.

  3. No later than 12 months prior to the retirement date specified in subsection b., and no later than 6 months following the start of any subsequent term of employment, the faculty member shall be notified in writing by his or her chairman if his or her continuation is not to be effected, or by the Chancellor that his or her continuation has been approved. Failure to give notice as herein required is not a basis for continuing employment.

  4. If the faculty member's department chairman determines that the continuation of employment should not be effected, he or she shall so notify the faculty member in writing. For his or her information, a copy of the notice given the faculty member shall be sent to the chairman's immediate supervisor.

The faculty member may request a review of the chairman's determination by the chairman's immediate supervisor. This request must be in writing and may set forth any exceptional circumstances relating to adverse effects upon the University to be expected should the faculty member not be continued which the faculty member considers relevant to the determination. The supervisor may concur with the chairman's determination, in which case his or her concurrence is a final determination, or he or she may determine that the matter should be reviewed through the normal channels to final review by the Chancellor. In the latter case, he or she shall so notify the faculty member's chairman, who shall thereupon put the matter forward into the regular administrative review channels. Concurrence wit) the chairman's determination at any level of administrative review is a final determination, and review thereupon terminates at that level. If there is concurrence at all levels of administrative review that the chairman's determination should be reversed, the faculty member is thereupon continued in employment for the succeeding year in accordance with the regular conditions of year-to-year continued employment.