2017 -- H 5329

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LC001081

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' RETIREMENT

     Introduced By: Representatives Serpa, Amore, Canario, Hearn, and O`Grady

     Date Introduced: February 01, 2017

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-16-24 of the General Laws 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, may substitute as a teacher at state schools

and in the public schools of this state for a period of no more than ninety (90) one hundred twenty

(120) 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. 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 any state school or public school of this state for a period of no more than ninety

(90) one hundred twenty (120) 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.

Notice of the employment shall be sent monthly to the state retirement board by the employer and

by the retired teacher. Provided, however, that no employment may be offered to 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, and certifies, in writing, that

it 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) one hundred twenty (120) days.

     (d) The calculation of the ninety-day (90) one hundred twenty (120) day period in any

one school year shall be 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) two hundred forty (240) half days, which shall be the equivalent of

ninety (90) one hundred twenty (120) full days; or

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

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

six (96) full days per year. The computation is two-fifths times one hundred eighty two hundred

forty (2/5 x 180 240) school days per year, which shall be equivalent to seventy-two (72) ninety-

six (96) full days per year.

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

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

in the public schools of this state for a period of no more than ninety (90) one hundred twenty

(120) 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. The other provisions of subsections (b) through (d) shall also be deemed to apply.

     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 -- TEACHERS' RETIREMENT

***

     This act would allow any teacher or athletic coach, who has retired to substitute at state

schools and public schools for a period of no more than one hundred twenty (120) days in one

school year without forfeiture or reduction of retirement benefits.

     This act would take effect upon passage.

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LC001081

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