2023 -- H 5040 AS AMENDED

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LC000448

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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,

     Date Introduced: January 11, 2023

     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) 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 any state school or 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 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) 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 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) half days, which shall be the equivalent of ninety (90) full days; but in

no case shall the total number of half and full days exceed one hundred twenty (120) days; or

     (2) Each period 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 (⅖ x 180) school days per year, which

shall be equivalent to seventy-two (72) 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) 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 any one school year. The other provisions

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

     (f) The one hundred twenty (120) day period provided by this section shall cease and return

to a ninety (90) day period after June 30, 2025.

     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 permit retired teachers to substitute teach in a school for up to one hundred

twenty (120) days in a school year, 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.

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