House Bill #5040 (2023)

AN ACT RELATING TO EDUCATION -- TEACHERS' RETIREMENT

Adds a section which allows substitute teachers and post-retirement employees to exceed the ninety (90) day cap on post-retirement employment if certain conditions are met.

View latest version | View original version
View status on official RI website

Subscribe to email updates

Changes since original draft

  • 2023 – H 5040
  • 2023 – H 5040 SUBSTITUTE A
  • ========
  • LC000448
  • LC000448/SUB A
  • ========
  • S TATE OF RHODE IS L AND
  • IN GENERAL ASSEMBLY
  • JANUARY SESSION, A.D. 2023
  • ____________
  • A N A C T
  • RELATING TO EDUCATION – TEACHERS' RETIREMENT
  • Introduced By: Representatives O'Brien,Biah, Slater, Serpa,Carson, Corvese,Azzinaro,
  • Kazarian, Spears, and DeSimone
  • Date Introduced: January 11, 2023
  • Referred To: House Finance
  • It is enacted by the GeneralAssembly as follows:
  • SECTION 1. Section 16-16-24 of the GeneralLaws in Chapter 16-16 entitled "Teachers' Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended to read as follows:
  • 16-16-24. Substitute teaching and employment after retirement.
  • (a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state,maysubstitute as a teacher atstate schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the teacher is receiving, or may receive, as a retired teacher. Provided, that commencing on (effective date of act) and up to and including June 30, 2025, this period shall be extended to a period of no more than one hundred twenty (120) days in any one school year. Notice of the employment shall be sent monthly to the state retirement board by the school committee employing the teacher and by the employer and by the retired teacher at the end of each teaching assignment.
  • (b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may be employed to fill a vacant position (including, but not limited to, employment as a tutor, mentor principal, or mentor assistant principal) by anystate schoolor public school of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Provided, that commencing on (effective date of act) and up to and including June 30, 2025, this period shall be extended to a period of no more than one hundred twenty (120) days in any one school year. Notice of the employment shall be sentmonthly to the state retirementboard by the employer and by the retired teacher. Provided, however, that no employment may be offeredto a retiree subject to this section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success,andcertifies, in writing, thatit has done so to the employees' retirement system and to the bargaining agents of all education unions with whom the employer has collective-bargaining agreements.
  • (c) Any retired teacher or athletic coach may be employed pursuant to subsections (a) and (b), but in no event shall employment exceed ninety (90) days. Provided, that commencing on (effective date of act) and up to and including June 30, 2025, this period shall be extended to a period of no more than one hundred twenty (120) days in any one school year.
  • (d) The calculation of the ninety-day (90) or one hundred twenty-day (120) period in any one school year shallbe determined by either of the following methods:
  • (1) Three (3) hours shall constitute a half day and the number of half days shall be limited to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or
  • (2) Eachperiod per day shall constitute one-fifth (⅕) of a teaching day. Any teacher hired to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per year.The computation is two-fifths times one hundred eighty (⅖x180) schooldays per year,which shall be equivalent to seventy-two (72) full days per year. The numbers in this subsection shall be expanded accordingly during the one hundred twenty (120) day period.
  • (e) Any retiredmember of the employees retirement system of Rhode Island under title 36 or 45, whois certified as a substitute teacher,may substitute as a teacher atstate schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the substitute teacher is receiving, or may receive, as a retiree under any title. Provided, that commencing on (effective date of act) and up to and including June 30, 2025, this period shall be extended to a period of no more than one hundred twenty(120) days in anyone school year. The other provisions of subsections (b) through (d) shall also be deemed to apply.
  • (f) The one hundred twenty(120) dayperiod provided bythis sectionshall ceaseandreturn to a ninety (90) day period after June 30, 2025.
  • SECTION 2. This act shalltake effect upon passage.
  • ========
  • LC000448
  • ========
  • LC000448 - Page 2of 3
  • EXPLANATION
  • SECTION 1. Chapter 16-16 of the GeneralLaws entitled "Teachers' Retirement[See Title 16 Chapter 97— The Rhode Island Boardof Education Act]"is herebyamended by adding thereto the following section:
  • 16-16-24.2.Substitute teachingandpost-retirement employment relatedto statewide staffing.
  • (a) Notwithstanding any public or general law, or rule or regulation to the contrary, any teacher,administrator, or staff member who has retired under the provisions of title 16, 36, or 45 may exceed the ninety (90) day cap on post-retirement employment upon:
  • (1) A determination by the local education authority that there exists a specialized need, within their authority, to fill positions on a temporary basis, that may exceedthe ninety (90) day cap on post-retirement employment;
  • (2) Retired teachers, administrators, and staff members being asked to exceedthe ninety (90) day capon post-retirement employment possess the skills, training, and knowledge necessary to help address teacher and administrative staffing shortages; and
  • (3) The local education authority has notified the state retirement board that it has determined that exceeding the ninety (90) day capon post-retirement employment is necessaryto help address teacher and administrative staffing shortages.
  • Provided, however, that no employment may be offered to a retiree subject to this section unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success,andcertifies, in writing, thatit has done so to the employees' retirement system and to the bargaining agents of all education unions with whom the employer has collective bargaining agreements.
  • (b) Any teacher, administrator, or staff member who has retired under the provisions of title 16, 36, or 45, and has beenemployed or re-employed under the provisions of this section, shall not be entitled to additional service credits for such employment.
  • (c) Unless extended by the generalassembly, this section shall sunset on June 20, 2024.
  • SECTION 2. This act shalltake effect upon passage and sunset on June 20, 2024. ======== LC000448/SUB A ========
  • LC000448/SUB A - Page 2of 3
  • EXPLANATION
  • BY THE LEGISLATIVE COUNCIL
  • OF
  • A N A C T
  • A N A C T
  • RELATING TO EDUCATION – TEACHERS' RETIREMENT
  • ***
  • This actwould permit retired teachers tosubstitute teach in a schoolfor up to one hundred twenty(120) days in a schoolyear, without any loss, forfeiture, or reduction in retirement benefits. This extended time period would be from the effective date of passage of this act until June 30, 2025.
  • This act would take effect upon passage. ======== LC000448 ========
  • LC000448 - Page 3of 3
  • This act would add a section which allows substitute teachers and post-retirement employees to exceedthe ninety (90) day capon post-retirement employment if certain conditions are met.
  • This act would take effect upon passage and sunset on June 20, 2024. ======== LC000448/SUB A ========
  • LC000448/SUB A - Page 3of 3

Votes

RIBIT does not have any votes for this legislation yet.
(Vote tracking on RIBIT is still a work-in-progress, so make sure to check the official RI website, too!)