Re-Employment/Re-Instatement

The following policy outlines reinstatement of benefits for non-union staff who are rehired or reinstated.

This policy applies to those who were previously in a benefits-eligible position and are being rehired into a benefits-eligible position.

Non-union staff who are rehired by Bentley will be reinstated for certain benefits upon re-employment.

To be eligible for such reinstatement, an employee must be rehired within five (5) years of the date of termination. If the rehire date is more than five (5) years after the termination date, no reinstatement rights apply, except to retirement benefits as described below.

In addition, the employee must have been initially employed at Bentley for a longer period of time than the time that which elapsed between the termination date and the date of hire. For those whose absence from employment was longer than the original length of employment, no reinstatement rights apply, except to retirement benefits as described below.

Example A: An employee works at Bentley in a benefits eligible position for six years. Two years later, she is rehired into a benefits eligible position. That employee is entitled to reinstatement of certain benefits.

Example B: An employee works at Bentley for six years. Eight years later, that employee is rehired. This employee is not entitled to reinstatement of benefits as she was gone longer than her initial length of employment, except that the employee is entitled to retirement benefits as described below.

Reinstatement applies to the following benefits:

Retirement Plan: Bentley's Retirement Plan reads that once an employee has met the two year waiting period for employer contributions (even during prior employment), that employee does not need to wait another two years after rehire to receive a Bentley contribution. Provided that all other eligibility guidelines are met (a minimum of 19.5 scheduled hours per week for at least 9 months or more, and attainment of age 21) that rehired employee would begin receiving retirement contributions on the January 1 or July 1 following their rehire date, pending completion of the required enrollment forms. Voluntary salary reduction for the retirement plan will not be automatically reinstated. The rehired employee must complete a new salary reduction authorization form and applicable enrollment forms. If the prior Bentley retirement accounts still exist, all monies can be directed to existing accounts.

Tuition Remission: All prior benefits-eligible service will apply toward dependent tuition requirements.

Vacation Accrual: Any non-exempt employee who is rehired and who terminated at the 4 week vacation accrual level will be reinstated at the 4 week level, and will not have to wait until 5 years from the rehire date for this higher accrual rate. Unused vacation time at termination would have been paid to the employee, so there is no reinstatement of unused vacation time.

Sick Time: Previously accrued and unused sick time will not be reinstated for any rehire, regardless of the length of time from termination until rehire.

Personal Time: Previously accrued and unused personal time will not be reinstated for any rehire, regardless of the length of time from termination until rehire.

Insurances: Health, Dental, Life and Disability insurances would start the first of the month following date or rehire, so there is no need for reinstatement of those benefits.

Flexible Spending Accounts: Flexible spending accounts cannot be reinstated. These plans are governed by Section 125 of the IRS code. (See the Flexible Spending Account Summary Plan Description for information regarding account options for terminated employees). Rehires will have the same rights as all new hires for enrollment in the flexible spending account plans.

Voluntary Deductions: Voluntary deductions such as United Way and Bentley Fund will not be automatically reinstated. Employees must complete the required documentation to re-start these deductions upon rehire.

Other benefits (for example, EAP program, MetPay) re-start as of the employee's rehire date.

For purposes of the annual Employee Service Awards program for staff, previous service is not considered. Service is calculated based on the employee's most recent hire date. A rehired employee's "Date of Hire" is the date rehired.

Revised July 2005