Chapter 001
2023 -- H 5040 SUBSTITUTE A
Enacted 03/22/2023

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

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 (90) 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
(90) cap on post-retirement employment;
     (2) Retired teachers, administrators, and staff members being asked to exceed the ninety-
(90) day (90) 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 (90) 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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LC000448/SUB A
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