| (1) Faculty Member--A member of the faculty whose duties
include teaching and/or research as a principal activity, as defined
in §25.3 of this title (relating to Definitions), and who holds
the title of professor, associate professor, assistant professor,
instructor, lecturer, or equivalent faculty title, including "visiting
professor" if the position is at least one full semester in duration.
(2) Faculty Administrator--An administrator responsible
for teaching and research faculty whose principal activity, as defined
in §25.3 of this title (relating to Definitions), is planning,
organizing, and directing the activities of faculty and who holds
the title of dean, associate dean, assistant dean, director, department
chair, or head of academic department.
(3) Executive Administrator--An administrator who holds
the title of chancellor, deputy chancellor, vice chancellor, associate
vice chancellor, assistant vice chancellor, or the equivalent, and
an administrator who holds the title of president, executive vice
president, provost, vice president, associate vice president, assistant
vice president, or the equivalent.
(4) Other Key Administrator--An administrator other
than a faculty administrator or an executive administrator whose position
is considered a key administrative position within the institution's
organizational structure and that meets the requirements of this paragraph.
The most common position titles in this category are director or associate
director, but included titles may vary by institution based on differences
in organizational structure, size, mission, etc. All positions in
this category, including positions with the title of director or associate
director, shall meet the following criteria:
(A) serves as director or other administrative head
of a major department or budget entity, as defined in §25.3 of
this title (relating to Definitions), excluding the title of assistant
director unless the assistant director position has responsibility
for what is considered a major department or budget entity that is
within a larger department or budget entity, as may be the case at
large institutions;
(B) is responsible for the preparation and administration
of the budget, policies, and programs of the major department or budget
entity;
(C) usually reports to the office of a chancellor,
president, vice chancellor, vice president, dean, or equivalent; and
(D) is generally and customarily recruited from the
same pool of candidates that other colleges and universities across
the nation are recruiting from for this type of position by, for example,
advertising in national publications such as the Chronicle of Higher
Education or in newsletters or websites of national professional associations
or at meetings of such associations.
(E) A position shall not be considered ORP-eligible
under this category unless it can be reasonably demonstrated that
all of the applicable criteria have been met. If there is significant
ambiguity concerning whether a position meets the criteria for this
category, the default finding shall be that the position is not ORP-eligible.
(5) Librarian--A professional librarian who holds,
at a minimum, a master's degree in library science or information
science, and whose principal activity, as defined in §25.3 of
this title (relating to Definitions), is library services.
(6) Athletic Coach--An athletic coach, associate athletic
coach, or assistant athletic coach whose principal activity, as defined
in §25.3 of this title (relating to Definitions), is coaching,
excluding an athletic trainer, and excluding an athletic director
or assistant athletic director unless the principal activity is coaching
rather than administrative.
(A) Athletic trainers may be included in the "professional"
category if the position requires the trainer to be a physician.
(B) Athletic directors whose principal activity is
not coaching normally shall be included in one of the administrator
categories.
(7) Professional--An employee whose principal activity,
as defined in §25.3 of this title (relating to Definitions),
is performing the duties of a professional career position, including,
but not necessarily limited to, physician, attorney, engineer, and
architect, that meets the following criteria:
(A) requires a terminal professional degree in a recognized
professional career field that requires occupation-specific knowledge
and appropriate professional licensure;
(B) is a non-classified position; and
(C) is generally and customarily recruited from the
same pool of candidates that other colleges and universities across
the nation are recruiting from for this type of position by, for example,
advertising in national publications such as the Chronicle of Higher
Education or in newsletters of national professional associations
or at meetings of such associations.
(D) A position shall not be considered ORP-eligible
under this category unless it can be reasonably demonstrated that
all of the applicable criteria have been met. If there is significant
ambiguity concerning whether a position meets the criteria for this
category, the default finding shall be that the position is not ORP-eligible.
(8) Board Administrative Staff--A member of the executive
or professional staff of the Board, as determined by the Commissioner
of Higher Education, who fills a position with the following requirements:
(A) college graduation and prior experience in higher
education or experience of such kind and amounts to provide a comparable
background; and
(B) national mobility requirements similar to those
of faculty.
(l) Position-Required Qualifications. An employee who
meets the qualifications of a "professional" or a "librarian" as defined
in subsection (k) of this section shall not be considered eligible
to elect ORP as a professional or librarian unless the position requires
the professional or librarian qualifications, respectively, as a principal
activity. For example, an attorney who fills a position that does
not require that the position be filled by an attorney shall not be
considered ORP-eligible based solely on the fact that the person is
an attorney.
(m) Counselors. The eligibility of counselors shall
be determined as follows.
(1) Faculty. If the institution has established policies
that consider and treat counselors in the same manner as faculty in
such areas as, for example, employment contracts, oversight, and work
schedules, then ORP eligibility for a counselor position shall be
determined under the same requirements as a faculty position, except
that the principal activity shall be counseling rather than teaching
and/or research, and the title shall be counselor rather than the
faculty titles listed in that category.
(2) Staff. If the institution has established policies
that consider and treat counselors in the same manner as staff rather
than faculty, in such areas as, for example, employment contracts,
oversight, and work schedules, then ORP eligibility for a counselor
position shall not be determined under the faculty category. Depending
on the duties and required qualifications, a counselor who is considered
staff rather than faculty may meet the criteria for one of the non-faculty
ORP-eligible positions.
(n) Review of Positions for ORP Eligibility.
(1) Comprehensive Review. ORP employers shall periodically
conduct a comprehensive review of all non-classified positions to
ensure that ORP eligibility requirements are being applied fairly
and consistently across all departments and divisions.
(2) New Position. ORP employers shall analyze newly
created non-classified positions for ORP eligibility determination
and shall maintain proper documentation of the analysis and determination
for future reference.
(3) Re-classified Position. ORP employers shall re-classify
a position as ORP-eligible if changes in the position's responsibilities
or the employer's organizational structure result in a position that
meets the ORP-eligibility requirements.
(A) Option to Elect ORP. ORP employers shall provide
the incumbent in a position that is re-classified as ORP-eligible
an opportunity to elect ORP as if newly hired into the position.
(B) Initial ORP Eligibility Date. The incumbent's initial
ORP eligibility date, as defined by §25.3 of this title (relating
to Definitions), shall be the date that the re-classification is effective,
unless the re-classification is retro-active to a prior month, in
which case, the initial ORP eligibility date shall be the date that
the employee is notified of the re-classification.
(o) Administrative Errors.
(1) Orientation Procedures. Each ORP employer shall
develop and implement effective orientation and enrollment procedures
to ensure appropriate and timely processing of newly eligible employees'
retirement plan choices, including procedures for both new employees
and current employees who transfer to an ORP-eligible position.
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