2017 -- H 5745

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LC001935

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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 Bennett, Blazejewski, Slater, O`Grady, and Kazarian

     Date Introduced: March 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 (100)

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 (100) 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 (100) days.

     (d) The calculation of the ninety one hundred -day (90) one hundred (100) 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 (200) half days, which shall be the equivalent of ninety

(90) one hundred (100) 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) eighty

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

hundred (2/5 x 200) school days per year, which shall be equivalent to seventy-two (72) eighty

(80) 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 (100) 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

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     This act would increase the number of days a retired teacher may substitute teach or be

otherwise employed by a school system from ninety (90) days to one hundred (100) days without

a reduction or forfeiture of retirement benefits.

     This act would take effect upon passage.

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LC001935

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