| Chapter 242 |
| 2025 -- H 5322 SUBSTITUTE A Enacted 06/26/2025 |
| A N A C T |
| RELATING TO EDUCATION -- TEACHERS' RETIREMENT |
Introduced By: Representatives O'Brien, Dawson, McNamara, Slater, Diaz, Solomon, Kazarian, J. Brien, Hull, and J. Lombardi |
| Date Introduced: February 05, 2025 |
| 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: |
| 16-16-24.3. Substitute teaching and post-retirement teachers. |
| (a) Notwithstanding any public or general law, or rule or regulation to the contrary, and |
| except as provided in subsection (c) of this section, any teacher member who has retired under the |
| provisions of Titletitle 16 (“education”) may exceed the ninety-day (90) cap on post-retirement |
| employment and work up to one hundred eighty (180) days during a school year upon: |
| (1) A determination by the local education authority (“LEA”) that there exists a specialized |
| need, within the authority, to fill positions on a temporary basis, that may require the LEA to |
| employ retired teachers and exceed the ninety-day (90) cap on post-retirement employment; |
| (2) Retired teacher members being asked to exceed the ninety-day (90) cap on post- |
| retirement employment possess the skills, training, and knowledge necessary to help address |
| teacher staffing shortages; and |
| (3) The local education authority has notified the state retirement board that it has |
| determined that exceeding the ninety-day (90) cap on post-retirement employment is necessary to |
| help address teacher staffing shortages. Provided, however: |
| (i) 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; |
| (ii) The LEA provides in its notice to the state retirement board and the bargaining agents |
| the total number of certified teacher positions within the LEA, including the number of teacher |
| positions filled and the number of teacher positions the LEA is seeking to fill; and |
| (iii) The total number of retired teachers an LEA may hire under the provisions of this |
| section may not exceed five percent (5%) of the total number of certified teacher positions reported |
| to the state retirement board by the LEA pursuant to subsection (a)(3)(ii) of this section. |
| (b) Any teacher member who has retired under the provisions of title 16, and has been |
| employed or re-employed under the provisions of this section, shall not be entitled to additional |
| service credits for such employment, and the teacher member shall not be responsible for any |
| contribution to the pension system as a result of the employment; provided, however, the local |
| educational authority shall make the employer contribution for the teacher member as if the district |
| had hired a new teacher member. |
| (c) A teacher retired under the provisions of title 16 shall be subject to a ninety-day (90) |
| cap on post-retirement employment during the period of one year after the date of that teacher’s |
| retirement. Thereafter, that teacher shall be eligible to exceed the ninety-day (90) day cap on post- |
| retirement as provided in subsection (a) of this section. |
| (d) The provisions of this section shall apply retroactively to June 20, 2025, and shall sunset |
| one year from enactment or on August 1, 2026, whichever shall occur first. |
| SECTION 2. This act shall take effect upon passage and shall be retroactive to June 20, |
| 2025. |
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| LC001139/SUB A |
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