2016 -- H 7983

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LC005474

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION - TEACHING AFTER RETIREMENT

     

     Introduced By: Representatives Shekarchi, O'Brien, Amore, Casey, and Serpa

     Date Introduced: March 23, 2016

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 16-16-24 of the General Laws in Chapter 16-16 entitled "Teachers'

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Retirement [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is hereby

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amended to read as follows:

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     16-16-24. Substitute teaching and employment after retirement. -- (a) Any teacher or

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athletic coach certified pursuant to chapter 11.1 of this title who has retired under the provisions

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of any law of this state may substitute as a teacher at state schools and in the public schools of

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this state for a period of no more than ninety (90) days in any one school year without any

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forfeiture of or reduction in the retirement benefits and allowances the teacher is receiving or may

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receive as a retired teacher. Notice of the employment shall be sent monthly to the state

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retirement board by the school committee employing the teacher and by the employer and by the

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retired teacher at the end of each teaching assignment.

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      (b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title who has

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retired under the provisions of any law of this state may be employed to fill a vacant position

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(including, but not limited to, employment as a tutor, mentor principal or mentor assistant

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principal) by any state school or public school of this state for a period of no more than ninety

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(90) days in any one school year without any forfeiture of or reduction in the retirement benefits

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and allowances he or she is receiving or may receive as a retiree. Notice of the employment shall

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be sent monthly to the state retirement board by the employer and by the retired teacher.

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Provided, however, that no employment may be offered to a retiree subject to this section after

 

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July 1, 2002, unless the employer has made a good faith effort each school year to fill the position

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with a nonretired employee without success, and certifies in writing that it has done so to the

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employees' retirement system, and to the bargaining agents of all education unions with whom the

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employer has collective bargaining agreements.

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      (c) Any retired teacher or athletic coach may be employed pursuant to subsections (a)

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and (b) of this section, but in no event shall employment exceed ninety (90) days.

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      (d) The calculation of the ninety (90) day period in any one school year shall be

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determined by either of the following methods:

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      (1) Three (3) hours shall constitute a half day and the number of half days shall be

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limited to one hundred eighty (180) half days which shall be the equivalent of ninety (90) full

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days; or

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      (2) Each period per day shall constitute one-fifth (1/5) of a teaching day. Any teacher

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hired to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days

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per year. The computation is two-fifths times one hundred eighty (2/5 x 180) school days per year

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which shall be equivalent to seventy-two (72) full days per year.

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     (e) Any retired member of the employees retirement system of Rhode Island under title

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36 or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and

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in the public schools of this state for a period of no more than ninety (90) days in any one school

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year without any forfeiture of or reduction in the retirement benefits and allowances the substitute

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teacher is receiving or may receive as a retiree under any title. The other provisions of

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subsections (b) through (d) of this section shall also be deemed to apply.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - TEACHING AFTER RETIREMENT

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     This act would allow retired members of the state retirement system who are certified as

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substitute teachers to substitute teach not more than ninety (90) days a year without reduction in

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retirement benefits.

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     This act would take effect upon passage.

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