2003 -- H 5642
A N A C T
RELATING TO EDUCATION
Introduced By: Representative Paul W. Crowley
Date Introduced: February 11, 2003
SECTION 1. Section 16-16-24 of the General Laws in Chapter 16-16 entitled "Teachers'
Retirement" 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. 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. 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) of this section, but in no event shall employment exceed ninety (90) days.
(d) The calculation of the ninety (90) 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 ( 1/2) 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
(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) full days
per year. The computation is two-fifths times one hundred eighty ( 2/5 x 180) school days per
year which shall be equivalent to seventy-two (72) full days per year.
SECTION 2. This act shall take effect upon passage.