2026 -- H 8170

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LC005313

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO EDUCATION -- TEACHERS' RETIREMENT

     Introduced By: Representatives O'Brien, Shallcross Smith, Solomon, Alzate, Baginski,
Furtado, Voas, Serpa, Biah, and Dawson

     Date Introduced: February 27, 2026

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-16-24.3 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:

     16-16-24.3. Substitute teaching and post-retirement teachers. [Expires June 26, 2026]

     (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, administrator, or staff member

who has retired under the provisions of this title (“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, administrators, or 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 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:

     (i) No 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, administrator or staff member who has retired under the provisions of this

title, 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 this title 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) cap on post-

retirement employment as provided in subsection (a) of this section.

     (d)(c)The provisions of this section shall apply retroactively to June 20, 2025, and shall

sunset one year from enactment or on August 1, 2026 2027, whichever shall occur first.

     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

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     This act would restore the rights of school administrators and staff members, who have

retired, to exceed the ninety- (90) day cap on post-retirement employment and work up to one

hundred eighty (180) days during a school year. The provisions of the act would sunset on August

1, 2027.

     This act would take effect upon passage.

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LC005313

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