2023 -- H 5040 SUBSTITUTE A

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LC000448/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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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 General Assembly as follows:

     SECTION 1. Chapter 16-16 of the General Laws entitled "Teachers’ Retirement [See Title

16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby amended by adding thereto

the following section:

     16-16-24.2. Substitute teaching and post-retirement employment related to 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 exceed the ninety (90) day

cap on post-retirement employment;

     (2) Retired teachers, administrators, and staff members being asked to exceed the ninety

(90) day cap on 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 cap on post-retirement employment is necessary to

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, 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.

     (b) Any teacher, administrator, or staff member who has retired under the provisions of

title 16, 36, or 45, and has been employed 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 general assembly, this section shall sunset on June 20, 2024.

     SECTION 2. This act shall take effect upon passage and sunset on June 20, 2024.

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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 add 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.

     This act would take effect upon passage and sunset on June 20, 2024.

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