Section 6.1. INSTRUCTIONAL STAFF.

The instructional staff shall consist of the persons employed in the following titles:

Chancellor
Executive vice chancellor
Chief operating officer
Sr. vice chancellor
Vice chancellor
University administrator
University associate administrator
University assistant administrator
President
Vice president
Assistant vice president
University dean
University associate dean
University assistant dean
Dean
Associate dean
Assistant dean
Administrator
Associate administrator
Assistant administrator
Distinguished professor
Professor
Associate professor
Assistant professor
Distinguished lecturer
Medical professor (basic sciences)
Associate medical professor (basic sciences)
Assistant medical professor (basic sciences)
Medical lecturer
Adjunct medical professor (basic sciences)
Adjunct associate medical professor (basic sciences)
Adjunct assistant medical professor (basic sciences)
Adjunct medical lecturer
Medical professor (clinical)
Associate medical professor (clinical)
Assistant medical professor (clinical)
Adjunct medical professor (clinical)
Adjunct associate medical professor (clinical)
Adjunct assistant medical professor (clinical)
Law school professor
Law school associate professor

Law school assistant professor
Law school instructor
Law school library professor
Law school library associate professor
Law school library assistant professor
Law school adjunct professor
Law school adjunct associate professor
Law school adjunct assistant professor
Law school adjunct instructor
Law school lecturer
Visiting professor
Visiting associate professor
Visiting assistant professor
Adjunct professor
Adjunct associate professor
Adjunct assistant professor
Adjunct lecturer
Lecturer (full-time)
Lecturer (part-time)
Instructor
Instructor (nursing science)
Research associate
Research assistant
Clinical assistant
Senior registrar
Registrar
Associate registrar
Assistant registrar
Registrar's assistant
Chief college laboratory technician
Senior college laboratory technician
College laboratory technician
Chief college physician
College physician
Higher education officer
Higher education associate
Higher education assistant
Assistant to higher education officer
Business manager
Assistant business manager
Assistant to business manager
Placement director
Education and vocational counselor
Continuing education teacher

and in the Hunter College Elementary School and Hunter College High School

Principal
Chairperson of department
Teacher Assistant
Teacher
Temporary teacher
Guidance counselor
Librarian
College laboratory technician
Substitute teacher

and in the childhood centers

Teacher
Assistant teacher

Section 6.2. PERMANENT INSTRUCTIONAL STAFF-TENURE.

Section 6.3. PERMANENT INSTRUCTIONAL STAFF - TENURE - PAST PROVISIONS.

1. Appointments before June 16, 1968 - A person employed and serving prior to June 16, 1968, full-time on an annual salary in the title of professor, associate professor, assistant professor, instructor, lecturer (nursing science), registrar, associate registrar, assistant registrar, registrar's assistant, college science assistant, college science technician, college engineering technician, teacher, or educational and vocational counselor who, after serving on an annual salary in any of the titles or positions enumerated in this subparagraph for three full years continuously, has been appointed or shall be appointed for a fourth full year, shall have tenure effective on the first day of September following his/her reappointment for the fourth full year.

2. A person employed and serving on a full-time annual salary basis in one of the titles listed in subdivision "a" hereof during the period from June 17, 1968, through October 1, 1968, and who has served on an annual salary basis in any of these titles for three full years continuously and who shall have been reappointed for a fourth full year, shall have tenure under these bylaws effective on the first day of September following his/her reappointment for the fourth full year.

3. Service as department head, senior instructor, instructor, or junior instructor in a community college during the period from September 1, 1956, to September 30, 1959, shall be credited toward tenure in the positions of professor, associate professor, assistant professor, or instructor, respectively.

4. All persons employed on an annual salary in the day session in the senior colleges in the positions of professor, associate and assistant professor, instructor, tutor, registrar, librarian, associate and assistant librarian, library assistant, assistant teacher, instructor, critic teacher, or teacher who, on September 1, 1938, were serving in any of these positions and had completed at least four full years of continuous service on an annual salary from the date of their appointment to any of the positions above enumerated, or who had served at least three full years and had been appointed for a fourth full year, are members of the permanent instructional staff.

Section 6.4. ADMINISTRATIVE CERTIFICATE OF CONTINUOUS EMPLOYMENT.

1. Persons who have been employed and have served as teachers or counselors in the title of lecturer continuously on a full-time basis for five or more years, or for ten or more semesters, and who were paid from tax levy funds, and who were reappointed effective as of September 1, 1969, for a sixth, or more, full-time continuous year, or for an eleventh, or more, full-time continuous semester, shall be granted an administrative certificate of continuous employment which shall be effective September 1, 1969.

2. Persons who have been employed and who have served as teachers or counselors in the title of lecturer on a full-time basis for five, or more, years cumulatively since 1961 and who were employed to teach on a full-time basis in the title of lecturer effective as of September 1, 1969, may, upon their next reappointment to a teaching or counseling position in the title of lecturer (full-time), be granted an administrative certificate of continuous employment. (This provision shall be operative until September 1, 1971.)

3. Persons who have been employed and have served as teachers or counselors for five full years and who are reappointed for a sixth full year of continuous full-time service in the title of lecturer (full-time) or medical lecturer shall be granted an administrative certificate of continuous employment.

   Where an appointee begins his/her service at any time after September thirtieth, the time toward the award of an administrative certificate of continuous employment shall not start to accrue until the first of September following the appointment, except that an appointment made during the month of September shall be deemed to be an appointment as of September first of that year for purposes of an administrative certificate of continuous employment.

4. The administrative certificate of continuous employment shall be valid only in that college which issues the certification and shall carry with it the guarantee of full-time reappointment in that college subject to continued satisfactory performance, stability in academic program, sufficiency of registration, and financial ability.

Section 6.5. APPOINTMENTS WITHOUT TENURE.

Nothing contained in this article shall be construed as conferring or permitting tenure, or service credit toward the achievement of tenure in the positions of chancellor, executive vice chancellor, chief operating officer, sr. vice chancellor, vice chancellor, university administrator, university associate administrator, university assistant administrator, president, vice president, assistant vice president, university dean, university associate dean, university assistant dean, dean, associate dean, assistant dean, administrator, associate administrator, assistant administrator, director of campus schools, department chairperson, chief librarian, principal, supervisor, distinguished professor, distinguished lecturer, medical lecturer, adjunct medical professor (basic sciences), adjunct associate medical professor (basic sciences), adjunct assistant medical professor (basic sciences), adjunct medical professor (clinical), adjunct associate medical professor (clinical), adjunct assistant medical professor (clinical), adjunct medical lecturer, law school instructor, law school lecturer, law school adjunct professor, law school adjunct assistant professor, law school adjunct instructor, visiting professor, visiting associate professor, visiting assistant professor, adjunct professor, adjunct associate professor, adjunct assistant professor, adjunct lecturer, higher education officer, higher education associate, higher education assistant, assistant to higher education officer, higher education intern research associate, research assistant, clinical assistant, lecturer (full-time), lecturer (part-time), instructor appointed after October 1, 1968; business manager, assistant business manager, assistant to business manager, continuing education teacher, all positions in the early childhood centers programs, or any other instructional positions not included on the permanent instructional staff, except that prior service as a full-time lecturer or lecturer (full-time) may be considered toward the award of tenure to persons in a title on the permanent instructional staff. Appointment to any such non-tenure bearing position, or removal therefrom, however, shall not deprive the person so appointed or removed of tenure in the highest position on the staff held with tenure prior to his/her appointment to such office, or conjointly with such office, nor shall such appointment or removal deprive any person of service credit toward the achievement of tenure under the provisions of this article.

Section 6.6. APPOINTMENTS TO THE INSTRUCTIONAL STAFF - NOTICES.

1. All appointments to the instructional staff, except as otherwise provided, shall be made by the board upon the recommendation of the chancellor.

2. Except for the appointment of persons whose sole educational duties shall be administrative, all original appointments to the instructional staff shall be made to a department. All appointments shall be for one year or less except that the board may, in appropriate instances, make appointments for a period not exceeding two years.

3. In the case of the appointment of a chancellor, executive vice chancellor, chief operating officer, sr. vice chancellor, vice chancellor, university administrator, university associate administrator, university assistant administrator, president, vice president, assistant vice president, university dean, university associate dean, university assistant dean, dean, associate dean, assistant dean, administrator, associate administrator, assistant administrator, or principal, the affirmative vote of a majority of all members of the board shall be required. In the case of the removal of a chancellor or a president the affirmative vote of the majority of all members of the board shall be required. In extraordinary circumstances, following consultation with the Chair and Vice Chair and notification to the Board, where time permits, the chancellor may suspend a president, and appoint an interim president, subject to the approval of the board at its next meeting. Removals from appointment as executive vice chancellor, chief operating officer, sr. vice chancellor, vice chancellor, university administrator, university associate administrator, university assistant administrator, university dean, university associate dean, or university assistant dean may be made by the chancellor. Removals from appointment as vice president, assistant vice president, dean, associate dean, assistant dean, administrator, associate administrator, assistant administrator, or principal may be made by the president responsible for the educational unit involved.

4. Each appointment shall terminate at the terminal date specified in the appointment. There shall be a university standard letter of appointment. The notice shall state specifically that the appointment is of a temporary nature; that it is subject to financial ability; shall give the terminal date of the appointment, and shall add that services beyond the period indicated in the notice of appointment are possible only if the board takes affirmative action to that effect.

5. Notice of reappointment or non-reappointment shall be given by the president or his/her designee to persons in titles on the permanent instructional staff and to persons in titles or instructor, lecturer (full-time), and lecturer (part-time), in writing not later than April first preceding the expiration of the first full year of service and not later than December first of each succeeding year of service. In the position of instructor appointed after October 1, 1968, there shall be no more than four successive annual reappointments.

6. The decision of the board to reappoint with tenure or to reappoint with an administrative certificate of continuous employment shall be communicated in writing by the proper college authority to the person affected not later than December first preceding the expiration of the fifth full year of service.

7. Appointments and reappointments to a position on the instructional staff shall be considered final when formally approved by the board.

Section 6.7. NON-REAPPOINTMENT IN THE ADJUNCT TITLES.

1. The services of employees in adjunct titles may be terminated and they shall be notified of non-reappointment or rescission of previously proffered appointment in accordance with the following timetable:
   1. Those employees who are not to be reappointed because of poor evaluation shall be notified in the fall semester not later than December fifteenth, and in the spring semester not later than May fifteenth.
   2. Those employees who are not to be reappointed because of insufficient registration, financial inability, or changes in curriculum shall be notified as soon as the college administration is aware of the situation.

Section 6.8. TRANSFERS, REASSIGNMENTS, PROMOTIONS.

1. Neither tenure nor the period requisite for the achievement of tenure shall be affected by transfer within the city university or by promotion or change of title, except that a person upon whom tenure has been conferred and who may be transferred or promoted to any position in the city university, or whose title may be changed, shall have tenure in his/her new position, provided such position is on the permanent instructional staff, and further provided that the transfer does not involve a change from the administrative staff to the instructional staff.

2. Nothing herein contained shall be construed to prevent the board from assigning any person having tenure to any appropriate position on the staff, but no such assignment shall carry with it a reduction in rank or a reduction in salary other than the elimination of any additional emolument provided for administrative positions.

3. An administrative certificate of continuous employment shall be valid only in that college which issues the certificate or makes the sixth continuous appointment.

Section 6.9. DISCONTINUANCE OF TENURED POSITIONS.

1. Where a position in a department is to be abolished or discontinued, a person in any title on the permanent instructional staff who does not have tenure in that department shall be dismissed before a person in a title on the permanent instructional staff who does have tenure in that department.

2. A position held by a person upon the permanent instructional staff may be abolished or discontinued by the board for reasons which are not discriminatory against a particular person or persons. In the event that a position in a department is to be abolished or discontinued, such position shall be that of the person last appointed to such department, save that, for special educational reasons which are not discriminatory against a particular person or persons, the board may continue the services of a tenured person or persons whose position or positions would otherwise be abolished or discontinued, and abolish or discontinue the position or positions of the person or persons next most recently appointed to such department.

Section 6.10. TRANSFER EFFORTS (TENURE).

1. When the position of a tenured member of the instructional staff is abolished or discontinued, the college shall attempt to find a vacant position in the college which can be efficiently and capably filled by such person. No priority shall obtain among persons whose positions have been abolished or discontinued for purposes of transfer efforts. A vacant position is a full-time position which the college has the financial ability to fill and intends to fill, and with respect to which there is no applicable preferred eligible list, or from which no person is on a leave of absence with or without pay.

2. If such position is found, the person who is offered and accepts such position shall have tenure therein, provided such position is on the permanent instructional staff. Tenure or seniority in the new department shall date from the effective date of appointment to the new position. Such person shall be advised of the title and salary of the new position.

3. The acceptance of a position pursuant to this section shall not preclude the placement of such person's name on the preferred eligible list for his/her original retrenchment unit as provided in section 6.11.

Section 6.11. PREFERRED ELIGIBLE LISTS (TENURE).

1. Establishment of Preferred Eligible Lists.
   1. There shall be a separate preferred eligible list of discontinued tenured persons for each retrenchment unit, with the exception of the following:

      A person who has filed for retirement with the retirement system of which he/she is a member.

      A person who is collecting a retirement benefit from the retirement system of which he/she is a member.

      A person who is collecting a retirement benefit from the optional retirement program based in whole or in part on CUNY service.

      A person who is collecting a retirement benefit from any retirement system or program of New York State or any political subdivision thereof.

      Each list shall be applicable to the retrenchment unit for which it was created. The retrenchment unit is the academic department of the college, or the division or program where the college is so organized, or , for other than academic departments, the administrative department, office, or functional unit from which such person was discontinued.

   2. When the position of a tenured member of the instructional staff is abolished or discontinued, the name of such person shall be placed forthwith on the preferred eligible list for the retrenchment unit in which he/she last served. The names on each such list shall be ranked in order of the effective date of appointment to the department or other retrenchment unit (normally September 1). If two or more persons were appointed effective the same date, the person with the longest full-time continuous service on the instructional staff shall be listed first, then the person with the longest combination of full- and part-time continuous service on the instructional staff, and finally, in random order. For purposes of this paragraph, continuous service shall include continuous service prior to an approved leave of absence without pay.

   3. The head of each retrenchment unit shall forward to the president the names of all persons to be placed on the preferred eligible list(s). The president shall designate a person to be responsible for, coordinate, and update all preferred eligible lists.

   4. A person who elects not to have his or her name placed on a preferred eligible list shall so indicate in writing to the president's designee in charge of lists. Such election shall constitute a permanent waiver of all preferred eligible rights.

2. Use of Preferred Eligible Lists.
   1. When a position on the instructional staff other than a lecturer position becomes vacant in the retrenchment unit or there is a newly-created position on the instructional staff other than a lecturer position in the retrenchment unit, appointment shall be offered to the person whose name is listed first on the preferred eligible list for that retrenchment unit, except that for special educational reasons, which are not discriminatory against a particular person or persons, the person or persons next on the list may be offered appointment in lieu thereof. For the purposes of use of preferred eligible lists, a vacant position is a full-time position which the college has the financial ability to fill, intends to fill, and from which no person is on a leave of absence with or without pay.

   2. If the position offered is in the same title as that held at the time of discontinuance, the person shall be deemed restored to his/her original position, and shall be appointed at a salary not less than that which he or she was receiving at the time of discontinuance.

   3. If the position offered is not in the same title as held at the time of discontinuance, such person shall have tenure in the new position, provided it is on the permanent instructional staff, and the original date of tenure in the department shall be the tenure date. Such person shall be advised of the title and salary of the new position. Such person shall retain his/her place on the preferred eligible list.

   4. If there is a vacant or newly created position in the lecturer title, and no person is on a preferred eligible lecturer list for such title in the retrenchment unit, such position shall be offered to persons on the preferred eligible list of tenured persons in accordance with subdivision "c" hereof.

   5. Offers shall be made by certified mail to the address on file with the president's designee for lists. Acceptances shall be by certified mail to the president within four weeks of the mailing of the offer. The four week period may be reduced by the president if circumstances mandate.

   6. Failure to accept an offer of appointment from a preferred eligible list to the title held when discontinued in the retrenchment unit from which discontinued, within the period specified herein, shall cause the name of such person to be removed therefrom forthwith, subject to subdivision "g" hereof.

   7. If a person to whom an offer of an appointment from a preferred eligible list is made notifies the president within the time provided in subdivision "e" hereof that he or she cannot accept such offer for reasons which in the judgment of the president would otherwise justify a leave of absence with or without pay, or if such person demonstrates to the satisfaction of the president a present commitment to another employer, such appointment may be made effective for the term or semester commencing after the term or semester for which the offer is initially made, but in no event shall a person's name remain on the list for a period longer than three years. A substitute may be employed as interim appointee for the position.

   8. All appointments of persons on preferred eligible lists shall be subject to the approval of the board of trustees and continued financial ability.

   9. The restoration of a person from a preferred eligible list to the title held when discontinued, in the retrenchment unit from which discontinued, shall automatically remove his/her name from such list.

3. Terms and Conditions of Lists.
   1. Unless earlier removed as provided herein, a person's name shall remain on an eligible list for a period of three years and shall be removed at the end of such period.

   2. Upon application to the pension system to which he/she belongs by a discontinued employee that he/she wishes to retire or he/she is collecting a retirement benefit from any retirement program, based in whole or in part on CUNY service, or, he/she is collecting a retirement benefit from any New York State retirement system or its political subdivisions, the name of such discontinued employee shall be removed from the eligible list, effective the date of approval of the application by his/her retirement system, but in no event later than the date of issuance of the first benefit payment.

   3. The placement of a person's name on a preferred eligible list shall not preclude such person from accepting an appointment, if offered pursuant to the normal appointment procedures, to a vacant position within the university. Such person shall have tenure in the new position provided it is on the permanent instructional staff. Tenure in the new department shall date from the effective date of appointment to the new position. Such person shall be advised of the title and salary of the new position. Such person shall retain his/her place on the preferred eligible list for the original retrenchment unit.

   4. A person who is employed by the board while his/her name is on a preferred eligible list, and who accepts an appointment from such eligible list to his/her original department shall retain no rights in or to the interim position.

   5. A person whose name is placed on a preferred eligible list shall be deemed to be on leave without pay for the purpose of maintaining his/her status in any retirement system of which he/she is a member for the period his/her name is on the list, but service credit for retirement purposes shall not be accorded for such period. This paragraph shall not apply to persons who are employed by the board and are receiving credit for retirement purposes as such employees while their names are on such lists.

   6. Except for the purposes of subdivision "e" hereof a person whose name is on a preferred eligible list shall not be deemed thereby to be an employee of the board of trustees, and shall not be entitled to increment credit during the time he/she is on such list.

   7. Any knowing misstatement or omission of material fact supplied by a candidate for or person listed on a preferred eligible list shall cause the immediate removal of a person's name from the preferred eligible list.

   8. A person shall be notified of the removal of his/her name from a preferred eligible list, but failure of notification shall not cause retention of such person's name thereon.

   9. A person whose name is to be placed on a preferred eligible list shall complete and deliver such forms as shall be issued by the office of faculty and staff relations. It is the responsibility of the person listed to keep the college informed of his/her current address and to update other required information as necessary, and failure to do so shall be the sole responsibility of the person involved. The university reserves the right to rely upon the latest information supplied by persons on preferred eligible lists.

Section 6.12. DISCONTINUANCE OF CERTIFICATED POSITIONS.

1. Members of the instructional staff who have received certificates of continuous employment shall be discontinued after all other non-tenured persons in the retrenchment unit.

2. A position held by a person who has received a certificate of continuous employment may be abolished or discontinued by the board for reasons which are not discriminatory against a particular person or persons. In the event that a certificated position in a retrenchment unit is to be abolished or discontinued, the person who last received his/her certificate of continuous employment shall be the person whose position is first to be abolished, except that for special educational reasons which are not discriminatory against a particular person or persons, the position of a person next most junior may be abolished or discontinued.

Section 6.13. TRANSFER EFFORTS (CERTIFICATE OF CONTINUOUS EMPLOYMENT).

1. When the position of a lecturer holding a certificate of continuous employment is abolished or discontinued, the college shall attempt to find a vacant position in the college which can be efficiently and capably filled by such person, provided that transfer efforts shall be made for such lecturers only after such efforts are made pursuant to bylaw section 6.10. for any tenured member of the instructional staff whose positions have been abolished or discontinued. A vacant position is a full-time position which the college has the financial ability to fill and intends to fill, and with respect to which there is no applicable preferred eligible list, or from which no one is on a leave of absence with or without pay.

2. If such position is found, the certificate of continuous employment shall not be applicable thereto unless the position is that of lecturer. Seniority in the new department shall date from the effective date of appointment to the new department. Such person shall be advised of the title and salary of the new position.

3. The acceptance of a position pursuant to this subdivision shall not preclude the placement of such person's name on the preferred eligible lecturer list for his/her original retrenchment unit as provided in section 6.14. hereof.

Section 6.14. PREFERRED ELIGIBLE LIST (CERTIFICATE OF CONTINUOUS EMPLOYMENT).

1. Establishment of Preferred Eligible Lists.
   1. There shall be a separate preferred eligible list of discontinued certificated lecturers in each retrenchment unit, with the exception of the following:

      A person who has filed for retirement with the retirement system of which he/she is a member.

      A person who is collecting a retirement benefit from the retirement system of which he/she is a member.

      A person who is collecting a retirement benefit from the optional retirement program based on whole or in part on CUNY service.

      A person who is collecting a retirement benefit from any retirement system or program of New York State or any political subdivision thereof.

      Each list shall be applicable only to the retrenchment unit for which it was created. Such list shall be called the preferred eligible lecturer list. The retrenchment unit is the academic department of the college, or the division or program, where the college is so organized, or, for other than academic departments, the administrative department office, or functional unit, from which such person was discontinued.

   2. When the position of a member of the instructional staff with a certificate of continuous employment is abolished or discontinued, the name of such person shall be placed forthwith on the preferred eligible lecturer list for the retrenchment unit in which he or she last served. The names on each such list shall be ranked in order of effective date of appointment to the department or other retrenchment unit (normally September 1). If two or more persons have been discontinued on the same date, the person with the longest full-time continuous service on the instructional staff shall be listed first, the person with the longest combination of full-time and part-time continuous service on the instructional staff, and finally, in random order. For the purposes of this paragraph, continuous service shall include continuous service prior to an approved leave of absence without pay.

   3. The head of each retrenchment unit shall forward to the president the names of all persons to be placed on preferred eligible lecturer list(s). The president shall designate a person to be responsible for, coordinate, and update all preferred eligible lists.

   4. A person who elects not to have his or her name placed on the preferred eligible lecturer list shall so indicate in writing to the president's designee for lists. Such election shall constitute a permanent waiver of all preferred eligible rights.

2. Use of Preferred Eligible Lecturer Lists.
   1. When a lecturer position becomes vacant, or a new lecturer position is created in the department or other retrenchment unit, appointment shall be offered to the person whose name is listed first on the preferred eligible lecturer list for that department or other retrenchment unit except that for special educational reasons, which are not discriminatory against a particular person or persons, the person or persons next on the list may be offered appointment in lieu thereof. A person restored from a preferred eligible lecturer list shall be appointed at a salary not less than that which he/she was receiving when his/her position was abolished or discontinued. For the purposes of use of preferred eligible lecturer lists, a vacant position is a full-time lecturer position which the college has the financial ability to fill, intends to fill, and from which no person is on a leave of absence with or without pay.

   2. Offers shall be made by certified mail. Acceptances shall be by certified mail to the president within four weeks of the mailing of the offer. The four week period may be reduced by the president if circumstances mandate.

   3. Failure to accept an offer of appointment from a preferred eligible lecturer list within the period specified herein shall cause the name of such person to be removed therefrom forthwith subject to subdivision "d" hereof.

   4. If a person to whom an offer of an appointment from a preferred eligible lecturer list is made notifies the president within the time provided in subdivision "b" hereof that he or she cannot accept such offer for reasons which in the judgment of the president would otherwise justify a leave of absence with or without pay, of if such person demonstrates to the satisfaction of the president a present commitment to another employer, such appointment may be made effective for the term or semester commencing after the term or semester for which the offer is initially made, but in no event shall a person's name remain on the list for a period longer than three years. A substitute may be employed as interim appointee for the position.

   5. All appointments from preferred eligible lecturer lists shall be subject to approval of the board of trustees and continued financial ability.

   6. The restoration of a person from a preferred eligible lecturer list to the retrenchment unit from which discontinued shall automatically remove his or her name from such list.

3. Term and Conditions of Lists.
   1. Unless earlier removed as provided herein, a person's name shall remain on an eligible list for a period of three years and shall be removed at the end of such period.

   2. Upon application to the pension system to which he/she belongs by a discontinued employee that he/she wishes to retire or he/she is collecting a retirement benefit from any retirement program, based in whole or in part on CUNY service, or, he/she is collecting a retirement benefit from any New York State retirement system or its political subdivisions, the name of such discontinued employee shall be removed from the preferred eligible list, effective the date of approval of the application by the appropriate retirement system.

   3. The placement of a person's name on a preferred eligible lecturer list shall not preclude such person from accepting an appointment, if offered pursuant to the normal appointment procedures, to a vacant position within the university. Such person shall be advised of the title and salary of the new position. Such person shall retain his/her place on the preferred eligible lecturer list for the original retrenchment unit.

   4. A person who is employed by the board while his/her name is on a preferred eligible lecturer list, and who accepts an appointment from such eligible list to his/her original department shall retain no rights in or to the interim position.

   5. Insofar as permitted by law a person whose name is placed on a preferred eligible lecturer list shall be deemed to be on leave without pay for the purpose of maintaining his/her status in any retirement system of which he/she is a member for the period his/her name is on the list, but service credit for retirement purposes shall not be accorded for such period. This paragraph shall not apply to persons who are employed by the board while their names are on such lists.

   6. Except for the purposes of subdivision "e" hereof, a person whose name is on a preferred eligible lecturer list shall not be deemed thereby to be an employee of the board of trustees, and shall not be entitled to increment credit during the time he/she is on such list.

   7. Any knowing misstatement or omission of material fact supplied by a candidate for or a person listed on a preferred eligible lecturer list shall cause the immediate removal of a person's name from such list.

   8. A person shall be notified of the removal of his/her name from a preferred eligible lecturer list, but failure of notification shall not cause retention of such person's name thereon.

   9. A person whose name is to be placed on a preferred eligible lecturer list shall complete and deliver such forms as shall be issued by the office of faculty and staff relations. It is the responsibility of the person listed to keep the college informed of his/her current address and to update other required information as necessary, and failure to do so shall be the sole responsibility of the person involved. The university reserves the right to rely upon the latest information supplied by persons on preferred eligible lecturer lists.