2025 -- H 5322

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LC001139

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO EDUCATION -- TEACHERS’ RETIREMENT [SEE TITLE 16 CHAPTER 97 -

- THE RHODE ISLAND BOARD OF EDUCATION ACT]

     Introduced By: Representatives O'Brien, Dawson, McNamara, Slater, Diaz, Solomon,
Kazarian, J. Brien, Hull, and J. Lombardi

     Date Introduced: February 05, 2025

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-16-24.2 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:

     16-16-24.2. 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-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-day (90)

cap on post-retirement employment;

     (2) Retired teachers, administrators, and staff 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 and administrative 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 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, and the teacher, administrator, or

staff 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, administrator, or staff member as if the district had hired a new teacher,

administrator, or staff member.

     (c) This section shall become effective on June 21, 2024, and unless extended by the

general assembly, this section shall sunset on June 20, 2025 July 1, 2026.

     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 [SEE TITLE 16 CHAPTER 97 -

- THE RHODE ISLAND BOARD OF EDUCATION ACT]

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     This act extends the sunset provision allowing retired teachers to substitute teach in excess

of 90 days. The sunset provision is extended from June 20, 2025 until July 1, 2026.

     This act would take effect upon passage.

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