Background: New Demographic Data Form Now Available [Nov. 1, 2014]

One of the advantages of working for UC is the ability for our employees to advance their career anywhere within the system. And, if they take a job at another location within 120 days of leaving their previous location, the benefits should move with them.

To make sure their vacation, sick leave, UCRP or retiree health service credit, retirement savings program and other benefits information transfer properly, it's a good idea for benefits representatives at both the locations to coordinate and work closely with the employee.

Generally, transferring employees do not have a PIE as a result of the transfer; current benefits continue at the new location. Changes are then normally done at the next Open Enrollment.

Here's a short list of things that should be done to assist the employee.

Medical & Dental Benefits

  • The receiving campus should verify that the employee can continue in the same medical plan since availability can vary by location. If the employee's plan is not available in the new location, the employee may enroll in a new plan.
  • If the employee is enrolled in a medical plan with a service area and/or DeltaCare USA, the employee may need to change their primary care physician and/or dentist. 
  • The employee will receive a COBRA packet to continue health benefits if there is an employment break between jobs. When the employee starts at their new location, their Health & Welfare benefits will be restored if the employment break is less than 120 days.If the employment break is 120 days or more, and the new appointment qualifies the employee for benefits, the employee will have a PIE to select benefits.

Flexible Spending Accounts

  • When an employee transfers to a new UC location, participation in the flexible spending account plans remain at the same contribution level. If any monthly contributions were missed due to payroll deadlines, the new location must make a retroactive adjustment so that coverage and contributions are continuous.

403(b) and 457(b) Plans

  • If the employee is contributing to the 403(b), the 457(b) or the DC After-Tax plans, the employee will need to redo the contribution election for the new location. Refer the employee to Fidelity Retirement Services (netbenefits.com or 866-682-7787). Deferral elections are subject to payroll deadlines so contributions may be missed.
  • Maximum annual contribution information should be transmitted from the departing campus to the receiving campus to assure that the employee does not inadvertently over-contribute to the tax-deferred savings plans. 
  • To ensure that any existing 403(b) loan repayments continue, coordination with the departing campus and/or Fidelity Retirement Services may be necessary.

Accounting Manual Information on Interlocation Transfer

Patent acknowledgment form

Beginning Nov. 1, 2011, all new employees, appointees and visitors should sign the recently updated 2011 Patent Acknowledgment form rather than the 1997 version of the form.

The form has been amended as a result of court decisions in the recent Stanford v. Roche ncase to ensure that the University can continue to meet its legal obligations, properly manage its intellectual property and meet its responsibilities as a public trust under the State Constitution.

Because the court decisions put the University’s rights to inventions and patents at risk, it is important that we begin using the updated Patent Acknowledgment on Nov. 1, 2011. In addition to ensuring newly hired and appointed personnel have signed the proper form, the Nov. 1 implementation is critical to the second phase of updating the Patent acknowledgment.

Later this year, current faculty, staff and visitors hired on or before Oct. 31, 2011 will be asked to sign an amendment to the Patent Acknowledgment or Agreement that they signed when last hired or appointed.

Why is the Patent Acknowledgment being amended?
Recent court rulings have brought into question one of the provisions contained in the current Patent Acknowledgment/Agreement (PA) that employees, appointees and guests sign upon accepting employment or participation as guests with the University of California; that provision may no longer absolutely guarantee the timely assignment of rights to the University as intended, placing UC's rights to inventions and patents at risk.

Therefore, in order to fulfill intellectual property obligations in agreements with research sponsors, industrial partners and others, including the federal government, UC must amend the Patent acknowledgment.

How is this acknowledgment different from the previous version?
The updated acknowledgment states more explicitly that the employee or visitor is assigning to the University rights to inventions and patents that are made using University resources or facilities. The clarification will ensure that the University can continue to meet its legal obligations, properly manage these assets and meet its responsibilities as a public trust under the State Constitution.

Who does this apply to?
This applies to all new University of California employees, appointees and guests, including emeriti, adjunct faculty, without salary appointees and other visitors.

What is the court case and what does it say?
In the Stanford v Roche case, the U.S. Court of Appeals held that a company's agreement with a university faculty member with language containing a present assignment of future inventions can give the company patent title to inventions arising in that faculty member's later university research.

Is this a change in policy?
No. There is no change in policy or in employee/guest rights and entitlements in intellectual property they may be associated with (what does this mean?).

Where can I find the updated form?
The enterable pdf form has been distributed to Chief Human Resources Officers, Academic Personnel Directors and Payroll Managers for use locally. It is also posted on UCnet.

Why is the timing so critical?
 In order to ensure all University personnel and guests are covered under the updated 2011 language, it is important that the updated form is used for new employees and guests starting on November 1, 2011. Personnel hired on or before October 31st will be asked to sign an Amendment to the Patent Agreement/Acknowledgment that they signed when last hired or appointed to the University.