2025 -- H 5322 SUBSTITUTE A

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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

     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. 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 Title 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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- TEACHERS' RETIREMENT

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     This act would allow retired teachers to substitute in excess of ninety (90) days and up to

one hundred eighty (180) days in a single school year, in certain instances. A teacher retired under

the provisions of title 16 (“education”) on and after July 1, 2025, would 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 would be eligible to exceed the ninety-day (90) day cap on post-

retirement. The act also provides the LEA must provide the state retirement board with certain

information about their total number of teacher positions when asking to be able to employ retired

teachers.

     This act would take effect upon passage and would be retroactive to June 20, 2025.

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