Faculty Voluntary Separation Incentive Program

PURPOSE OF THE PLAN

The purpose of the Emerson College 2025 Voluntary Separation Incentive Program (the “Program”) is to provide special benefits to eligible employees who voluntarily resign from employment with Emerson College (the “College”) under the terms and conditions described below. The Program is being offered for a limited period of time beginning August 18, 2025 (the “Beginning Date”) and ending September 15, 2025 (the “Ending Date”).

This document contains the official text of the Program and also serves as the summary plan description for the Program.

ELIGIBLE EMPLOYEES

An employee will be eligible to resign under this Program if the employee meets all of the following conditions:

• Is currently classified in the College’s payroll system as a regular, full-time, U.S.-based faculty employee of Emerson College;
• Has faculty status at Emerson College (including those faculty employees in or eligible to be in the ECC-AAUP bargaining unit and including but not limited to faculty with administrative status, such as chairs, assistant/associate deans, and interim deans);
• Has 5 Years of Employment, to be determined by the College as follows:
• “Year(s) of Employment” means an employee’s completed year(s) of employment from their most recent date of hire by the College through September 2, 2025.
• Is not classified by the College as a permanent Dean or above;
• Has not previously announced a separation date due to resignation, retirement, or other separation from the College;
• Has not previously signed an agreement to initiate or collected a payment pursuant to a prior Emerson Voluntary Separation Incentive Program or comparable voluntary separation program;
• Is not in their last year of terminal appointments as of September 2, 2025; and
• Has not been on a professional leave for more than 12 months as of August 1, 2025.

An employee’s eligibility to participate in the Program will be determined by Emerson College in its sole discretion.

SEPARATION BENEFITS

If Emerson College determines that an employee has met all the conditions for participation in this Program and their election to participate is accepted by the College, the employee will receive the following benefits:

Severance Payment

• Emerson College will provide a Severance Payment in accordance with the following schedule:

• “Year(s) of Service” means an employee’s completed year(s) of employment from their most recent date of hire by the College through September 2, 2025.  If the employee has a partial year of employment in which they were employed for more than 6 months (defined as more than 183 days), the College will treat that period as one Year of Service. 
• For purposes of the Program, “Base Pay” shall mean a Participant’s annual base salary (as set forth in section 2.3 of the CBA for represented faculty) from the College.  Base Pay shall be determined as reflected on the College’s payroll records, and shall not include bonuses, one-time payments, stipends, payment for off-contract work, commissions, employer contributions for benefits, incentive or deferred compensation or other additional compensation.  A Participant’s Base Pay shall include any salary reduction contributions made on their behalf to any plan of the Employer under section 125 or 403(b) of the Internal Revenue Code of 1986, as amended.  One week of Base Pay shall mean the Participant’s Base Pay on the Ending Date divided by fifty-two (52).    

• The Severance Payment will be made in accordance with the Separation Agreement in equal installments consistent with normal payroll practices and commencing as soon as practicable after the later of the employee’s last day of employment or the date on which the employee’s Separation Agreement and General Release becomes effective.  

Healthcare Payment

Within sixty (60) calendar days after the Resignation Date, the College will pay the employee a lump sum payment in the amount set forth in the following schedule (the “Healthcare Payment”).  Although the College intends for the employee to use the Healthcare Payment to offset the cost of health benefits following the Resignation Date, it is up to the employee to decide how they will use the Healthcare Payment.

2025 Departure Pay

Within sixty (60) calendar days after the Resignation Date, the College will pay the employee an additional lump sum payment of $10,000 if the employee’s Resignation Date is December 31, 2025.

COBRA Subsidy 

If an employee currently participates in the Emerson College Health & Dental Benefits for Employees Plan, the College will subsidize the employee’s current level of participation in Emerson College’s group medical and/or dental insurance plans for a period of 12 calendar months following the termination of employment (the “COBRA Subsidy Period”), provided that the employee completes and timely submits the COBRA election form. 

During the COBRA Subsidy Period, the employee will be required timely to pay the employee portion of the premiums (which is currently 25% or 30% in the case of Employee +1 plan), and the College will pay the employer portion of the premiums (which is currently 75% or 70% in the case of Employee +1 plan) at the same rate as paid on behalf of current employees, as long as the employee does not become eligible to participate in another medical or dental insurance plan including Medicare, whether or not enrolled.  

After the COBRA Subsidy Period, the employee may continue group health benefits through COBRA for the period permitted by law (if any), by timely paying the full premiums at the employee’s sole expense.  A separate notice regarding COBRA rights and benefits will be mailed separately by Emerson College’s COBRA administrator.  Employee agrees to promptly notify the College if they become eligible to participate in another medical or dental insurance plan, including Medicare, during the COBRA Subsidy Period.   

CONDITIONS FOR RECEIVING BENEFITS

In order to receive the special benefits provided by this Program, an eligible employee must satisfy all of the following conditions:

Resignation Election

The employee must complete a Resignation Election Form and return it to Emerson College by no later than the Ending Date.  After the Ending Date, the opportunity to elect to participate in the Program will expire automatically and no further offers to resign under this Program will be considered.  Emerson College may, however, in its sole and absolute discretion, accept a Resignation Election within a reasonable time following the Ending Date in the event Emerson College has difficulty locating and communicating the Program to an employee otherwise eligible to participate under the terms of the Program.

Selection by Company

Employees will be selected at the College’s sole discretion to participate.  Selected employees will be notified by the College no later than September 29, 2025.

Last Day of Employment

Employees whose applications to participate in the VSIP are accepted by the College may elect a “Resignation Date” of either December 31, 2025 or May 15, 2026 (“Resignation Date”).  In no case will the Resignation Date be later than May 15, 2026. The employee must continue to be actively employed until their Resignation Date. 

An employee will not be eligible for benefits under this Program if the employee’s employment is terminated at any time by Emerson College for cause or for behavior prejudicial to Emerson College or any of its affiliates, as determined by Emerson College in its sole discretion. 

Execution and Non-Revocation of Release

An employee will be eligible for benefits under this Program if they sign and date a Separation Agreement and General Release (“Agreement”) in the form and within the time period prescribed by Emerson College, deliver the signed Agreement to Emerson College and do not revoke the Agreement before it becomes effective.  The employee will have 45 days after they receive the Agreement to consider whether to sign the Agreement.  The employee will also have 7 days after they sign the Agreement to revoke his or her acceptance of its terms.  Assuming the employee does not revoke their acceptance, the Agreement will become effective on the 8th day after the employee signs the Agreement. 

Return of Emerson College Property and Settlement of Expenses

On or before the employee’s last day of employment, the employee must return all Emerson College property in the employee’s possession or control and must settle satisfactorily all expenses owed to Emerson College and any of its affiliates.

NO RIGHT TO RESCIND RESIGNATION ELECTION

An employee may not rescind their Resignation Election.

RIGHT TO TERMINATE BENEFITS

Notwithstanding anything in this Program to the contrary, Emerson College shall have the right to terminate an employee’s benefits payable under this Program at any time, in the event that:

• The employee has been reemployed by Emerson College or any of its successors or affiliates as a full-time employee before the completion of the scheduled payment of separation benefits, or
• Emerson College, in its sole discretion, determines that the employee has breached any of the terms and conditions set forth in any agreement executed by the employee as a condition to receiving benefits under this Program, including but not limited to, the employee’s Agreement.

NO OTHER SEPARATION BENEFITS

An eligible employee who elects to voluntarily resign under this Program will not be entitled to receive any other separation benefits under any other plan, practice, or policy maintained by Emerson College or any of its affiliates. The benefits offered pursuant to this Program are in lieu of any collectively bargained benefits offered pursuant to a CBA, MOU, Etc.

COLLEGE AUTHORITY

Emerson College shall have sole authority and discretion to administer and construe the terms of this Program and to decide all questions concerning the Program.  Without limiting the generality of the foregoing, such authority shall include the power:

• to interpret the Program, its interpretation thereof to be final and conclusive on all persons claiming benefits under the Program; and
• to decide all questions concerning the Program and the eligibility of any person to participate in, and receive benefits under, the Program.

CLAIMS PROCEDURE

The Director of Compensation and Benefits, or their designee, reviews and authorizes payment of benefits for those employees who qualify under the provisions of the Program.  No claim forms need be submitted.  Questions regarding payment of benefits should be directed to Ann-Marie Driscoll, Director of Compensation and Benefits 20 Park Plaza, 13th floor, Boston, MA 02116.

If an employee feels they are not receiving the benefits which are due under this Program, the employee should file a written claim for the benefits with Ann-Marie Driscoll, Director of Compensation and Benefits 20 Park Plaza, 13th floor, Boston, MA 02116. A decision on whether to grant or deny the claim will be made within 90 days following receipt of the claim.  If more than 90 days is required to render a decision, the employee will be notified in writing of the reasons for delay.  In any event, however, a decision to grant or deny a claim will be made by not later than 180 days following the initial receipt of the claim.

If the claim is denied in whole or in part, the employee will receive a written explanation of the specific reasons for the denial, including a reference to the Program provisions on which the denial is based.

If the employee wishes to appeal this denial, the employee may write within 60 days after receipt of the notification of denial.  The claim will then be reviewed by the Chief Human Resources Officer, or their designee, and the employee will receive written notice of the final decision within 60 days after the request for review.  If more than 60 days is required to render a decision, the employee will be notified in writing of the reasons for delay before the end of the initial 60 day period.  In any event, however, the employee will receive a written notice of the final decision within 120 days after the request for review.

GENERAL RULES

Right to Withhold Taxes

Emerson College shall withhold such amounts from payments under this Program as it determines necessary to fulfill any federal, state, or local wage or compensation withholding requirements.

No Right to Continued Employment

Neither the Program nor any action taken with respect to it shall confer upon any person the right to continue in the employ of Emerson College or any of its subsidiaries or affiliates.

Benefits Non-Assignable

Benefits under the Program may not be anticipated, assigned, or alienated. 

Unfunded Program

Emerson College will make all payments under the Program and pay all expenses of the Program from its general assets. Nothing contained in this Program shall give any eligible employee any right, title, or interest in any property of Emerson College or any of its affiliates nor shall it create any trust relationship.

Severability

The provisions of the Program are severable.  If any provision of the Program is deemed legally or factually invalid or unenforceable to any extent or in any application, then the remainder of the provisions of the Program, except to such extent or in such application, shall not be affected, and each and every provision of the Program shall be valid and enforceable to the fullest extent and in the broadest application permitted by law.

Section Headings

Section headings are used herein for convenience of reference only and shall not affect the meaning of any provision of this Program.

PROGRAM AMENDMENT AND TERMINATION

Emerson College has the power to amend, modify or terminate this Program at any time with respect to any employee at any time prior to such employee’s termination of employment. Eligible employees do not have any vested right to benefits under this Program.

GOVERNING LAWS

The provisions of the Program shall be construed, administered and enforced according to applicable federal law and, where appropriate, the laws of the Commonwealth of Massachusetts without reference to its conflict of laws rules and without regard to any rule of any jurisdiction that would result in the application of the law of another jurisdiction.

STATEMENT OF ERISA RIGHTS

As a participant in this Program, you are entitled to certain rights and protections under the Employee Retirement Income Security Act of 1974 (ERISA). ERISA provides that all plan participants shall be entitled to:

Receive Information About Your Program and Benefits

Examine, without charge, at the plan administrator’s office and at other specified locations all documents governing the plan and a copy of the latest annual report (Form 5500 Series) required to be filed by the plan with the U.S. Department of Labor and available at the Public Disclosure Room of the Employee Benefits Security Administration.

Obtain, upon written request to the plan administrator, copies of documents governing the operation of the plan and copies of the latest annual report (Form 5500 Series), if any are required, and an updated summary plan description.  The administrator may make a reasonable charge for the copies.

Prudent Actions by Program Fiduciaries

In addition to creating rights for plan participants, ERISA imposes duties upon the people who are responsible for the operation of the employee benefit plan.  The people who operate your plan, called “fiduciaries” of the plan, have a duty to do so prudently and in the interest of you and other plan participants and beneficiaries.  No one, including your employer or any other person, may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit or exercising your rights under ERISA.

Enforce Your Rights

If your claim for a benefit is denied or ignored, in whole or in part, you have a right to know why this was done, to obtain copies of documents relating to the decision without charge, and to appeal any denial, all within certain time schedules.

Under ERISA, there are steps you can take to enforce the above rights.  For instance, if you request a copy of plan documents or the latest annual report from the plan and do not receive them within 30 days, you may file suit in a Federal court.  In such a case, the court may require the plan administrator to provide the materials and pay you up to $110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the administrator.  If you have a claim for benefits which is denied or ignored, in whole or in part, you may file suit in a state or Federal court.  If it should happen that plan fiduciaries misuse the plan’s money, or if you are discriminated against for asserting your rights, you may seek assistance from the U.S. Department of Labor, or you may file suit in a Federal court.  The court will decide who should pay court costs and legal fees.  If you are successful, the court may order the person you have sued to pay these costs and fees.  If you lose, the court may order you to pay these costs and fees, for example, if it finds your claim is frivolous.

Assistance with Your Questions

If you have any questions about your plan, you should contact the plan administrator.  If you have any questions about this statement or about your rights under ERISA, or if you need assistance in obtaining documents from the plan administrator, you should contact the nearest office of the Employee Benefits Security Administration, U.S. Department of Labor, listed in your telephone directory or the Division of Technical Assistance and Inquiries, Employee Benefits Security Administration, U.S. Department of Labor, 200 Constitution Avenue N.W., Washington, D.C. 20210.  You may also obtain certain publications about your rights and responsibilities under ERISA by calling the publications hotline of the Employee Benefits Security Administration.

ADDITIONAL INFORMATION

EIN: 04-1286950

Plan Number: 530

Type of Program: Welfare benefit plan - severance pay

Program Administrator: Program Sponsor

Attn: Chief Human Resources Officer

Agent for Service of Legal Process: Program Administrator

Funding: Self-Insured

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