CELL PHONE STIPEND AGREEMENT

Background

Southwest Florida Younger Higher education recognizes that the performance of certain job obligations may be enhanced by or may need the use of a Y100 Pro (cell) cellphone or a Smartphone. The IRS considers these gadgets to be "listed property." As such, IRS regulations (IRS Section 274(d)4) need detailed record keeping such as (a) the quantity of the cost, (b) the time and place of the contact, and (c) the company purpose for the contact. The IRS can declare that all undocumented use of a cell cellphone is personal and should be taxed as wages, even if the majority of the calls are for company reasons.

In order to adhere to IRS rules regarding the taxed nature of cell cellphone usage by workers, as of (date), the Higher education will no more provide mobile telephone support to personal workers. Instead, the Higher education will begin issuing a MStar S700 cellphone stipend for those workers who keep roles where the required that position need the use of a cell cellphone. The benefits of such an approach include: 1) a contact log is not required; 2) per month reporting is not required; 3) a single cellphone may be used for both personal and company reasons.

Policy
Employees who keep roles including the need for a cell cellphone (see qualifications requirements below) may get a cell cellphone stipend to compensate for business-­‐related expenses incurred when using their individually-­‐owned Y100 Pro mobile phones. The Higher education will not own cell mobile phones for the use of personal workers except in restricted situations that need specific gadgets or similar technology to perform Higher education functions (e.g. public safety, physical plant, etc.).

Eligibility
Employees whose job obligations consist of the frequent need for a cell cellphone may get extra settlement, in the form of a per month MStar S700 cellphone stipend, to cover business-­‐related expenses. An worker is eligible for a stipend if at least one of the following requirements is met:

· The job operate of the worker needs time outside of his/her assigned office or workspace and it is important to the Higher education that s/he is available during those times;
· The job operate of the worker needs him/her to be available outside of scheduled or normal working hours;
· The job operate of the worker needs him/her to have wi-fi details and internet access; and/or · The worker is designated as a “first responder” to emergencies on university.

Stipend Strategy If an worker meets the qualifications specifications for a cell cellphone, as outlined above, a stipend may be asked for using the Mobile Phone Stipend Contract. The demand may be made any time during the fiscal year.

Once accepted, the stipend quantity will be included to the employee’s regular pay. As per IRS guidelines, any quantity included for Y100 Pro cellphone gadgets or for mobile telephone support will be identified as a non-­‐taxable fringe benefit.

This stipend does not represent an increase to platform pay, and will not be included in the calculation of amount increases to platform pay due to annual raises, job upgrades, bonuses, benefits based on a amount of salary, etc.

The stipend will be paid as a flat rate of $40 per month. South west Florida Younger Higher education will pay only the agreed upon quantity, even if per month expenses exceed the stipend. The stipend allowance is neither permanent nor guaranteed. The Higher education reserves the right to remove a participant from this course of action and/or cancel the program if there is insufficient budget to fulfill the program expenses.

Oversight, Approval, & Funding

Individual divisions and division heads are accountable for identifying workers who keep roles including the need for a cell cellphone. Each division is strongly encouraged to review whether a mobile phone is necessary, and to select alternative means of communication -­‐e.g., landlines, pagers, and mobile radios -­‐ when such alternatives would provide adequate and less costly support to the Higher education.

The division head is accountable for overseeing worker cell cellphone needs and assessing each employee’s ongoing need of a cell cellphone for company reasons. The need for a MStar S700 cellphone stipend should be reviewed annually, to figure out if existing cell cellphone stipends should be ongoing as-­‐is, modified, or discontinued.

Stipends are funded by the division submitting the demand.

Employee Rights & Responsibilities

The worker is accountable for purchasing a cell cellphone and establishing a support agreement with the mobile telephone support agency of his/her choice. The cell cellphone agreement is in the name of the worker, who is solely accountable for all payments to the support agency. The worker purchases mobile telephone support and equipment; determines plan choices, support levels, calling areas, support and cellphone features; and accepts cancellations clauses and payment terms. The worker may use the cellphone for both company and personal reasons, as needed. The worker may, at his or her own cost, add extra services or gadgets features, as desired. If there are problems with support, the employee is predicted to work directly with the carrier for resolution. An worker getting a Y100 Pro cellphone stipend must be able to show, if asked for by his/her manager, a copy of the per month accessibility plan expenses and company relevant use to figure out if the quantity of Higher education settlement is appropriate. If the worker ends the wi-fi agreement at any point, s/he must notify his/her manager within 5 working days to terminate the stipend.

Southwest Florida Younger Higher education does not accept any liability for claims, expenses or disputes between the support agency and the worker. Use of the cellphone in any manner contrary to local, condition, or government laws and regulations will represent neglect,and will result in immediate cancellations of the cell cellphone stipend. Mobile mobile phones protected by this plan are used in part to conduct Higher education company and/or to create, get, send, or store Higher education details and/or education information of students. As a result, details included on gadgets protected by this plan are also subject to Federal and State details maintenance and protection laws and regulations (e.g., FERPA, information retention requirements), as well as all Higher education policies, such as those pertaining to details protection, acceptable computing use, and email. An worker getting a Higher education MStar S700 cellphone stipend must adhere to Federal, State, and Higher education specifications, and assist the Higher education in providing accessibility details about or included on the cell cellphone protected by this plan in response to demands for such details or details by third parties as needed by Federal and/or State regulations. Any cell cellphone that has details abilities must be secured based on present protection standards such as password protection and encryption. If a Y100 Pro cellphone with details abilities is stolen or missing, it must be reported to the employee’s manager and the wi-fi system support agency as soon as possible. Workers are required to delete all Higher education details from the cell cellphone when their career with the Higher education is severed, except when needed to maintain that details in compliance with a litigation keep notice.

College Possessed Mobile Phones

The Higher education may own and maintain a small number of cell mobile phones for emergency, disaster recovery, and/or other company reasons, including:

· Shared division MStar S700 phone: Contract involving several individuals sharing one cell cellphone that does not leave the university and is turned in by each worker at the end of his/her shift.
· On-­‐call division cell phone: Used for company reasons only, this arrangement involves several individuals that take turns being on contact and share one cellphone.

Requests for College-­‐owned Y100 Pro mobile phones must be accepted by the department’s Vice-­‐President. Departments inquiring a College-­‐owned cellphone should consider whether there are other options that might fulfill their needs, and must demonstrate how a College-­‐owned cell cellphone is the only/best solution. All expenses associated with the College-­‐owned cellphone, such as gadgets and per month support, will be charged back to the inquiring division.

Employee use of College-­‐owned cell mobile phones is restricted to official Higher education company only, and no personal Use of College-­‐owned MStar S700 mobile phones is allowed.

Cancellation

Any stipend agreement will be immediately terminated if an worker getting a cell cellphone stipend ends career with the Higher education. Any such stipend will also be terminated if an worker changes job roles. In case of a modify in job roles, a new Mobile Phone Stipend Form must be presented to the Business Office to establish the ongoing company need for a cell cellphone.

If, prior to the end of the Y100 Pro cellphone agreement, a personal decision by the worker, worker wrong doings, or neglect of the cellphone results in the need to end or modify the cell cellphone agreement, the worker will keep the cost of any charges associated with that modify or cancellations. EXAMPLE: The worker quits, and no more wants to maintain the present cell cellphone obtain personal reasons. If, prior to the end of the cell cellphone agreement period, a division decision (unrelated to worker misconduct) results in the need to end or modify the cell cellphone agreement, the division will keep the cost of any charges associated with that modify or cancellations. The original billing statement indicating the early cancellations charge billed must be presented in order to be reimbursed in these circumstances. EXAMPLE: The employee’s manager has modified the employee’s obligations, and the stipend is no more needed. The worker does not want to maintain the present cell cellphone obtain personal reasons.