§ 10-183v — Reemployment of teachers.

Connecticut § 10-183v

• Jurisdiction: Connecticut
• Title 10: Education and Culture
• Ch. 167a: Teachers' Retirement System

Text

(a)(1) Except as provided in subdivisions (2) and (3) of this subsection and subsection (b) of this section, a teacher receiving retirement benefits from the system may not be employed by an employer in a teaching position receiving compensation paid out of public money appropriated for school purposes except that such teacher may be employed in such a position and receive no more than forty-five per cent of the maximum salary level for the assigned position for each school year. Any teacher who receives in excess of such amount shall reimburse the board for the amount of such excess. (2) Commencing July 1, 2016, to June 30, 2024, inclusive, the provisions of subdivision (1) of this subsection establishing a limitation on the compensation of a reemployed teacher and requiring the reimbursement of any amount received in excess of that limitation shall not apply to a teacher who (A) is receiving retirement benefits from the system based on thirty-four or more years of credited service, (B) is reemployed as a teacher in a district designated as an alliance district pursuant to section 10-262u , and (C) was serving as a teacher in that district on July 1, 2015. (3) On and after July 1, 2016, a teacher receiving retirement benefits from the system may be employed in a teaching position and receive (A) compensation paid out of public money appropriated for school purposes, (B) health insurance benefits, and (C) other employment benefits provided to active teachers employed by such school system, provided such teacher does not receive a retirement income during such employment. Payment of such teacher's retirement income shall resume on the first day of the month following the termination of such employment. The compensation under subparagraph (A) of this subdivision shall be provided in accordance with subsection (c) of this section. (4) Notice of employment under this subsection shall be sent to the board by the employer at the beginning and end of the school year, or assignment within the school year when reemployed for less than the full school year. (b) A teacher receiving retirement benefits from the system may be reemployed for up to one full school year by a local board of education, the State Board of Education, the Technical Education and Career System or by any constituent unit of the state system of higher education (1) in a position designated by the Commissioner of Education as a subject shortage area for the school year in which the teacher is being employed, (2) at a school located in a school district identified as a priority school district, pursuant to section 10-266p , for the school year in which the teacher is being employed, (3) if the teacher graduated from a public high school in an educational reform district, as defined in section 10-262u , or (4) if the teacher graduated from an historically black college or university or a Hispanic-serving institution, as those terms are defined in the Higher Education Act of 1965, P.L. 89-329, as amended from time to time, and reauthorized by the Higher Education Opportunity Act of 2008, P.L. 110-315, as amended from time to time. Notice of such reemployment shall be sent to the board by the employer and by the retired teacher at the time of hire and at the end of the assignment. Such reemployment may be extended for one additional school year, not to exceed two school years over the lifetime of the retiree, provided the local board of education (A) submits a written request for approval to the Teachers' Retirement Board, (B) certifies that no qualified candidates are available prior to the reemployment of such teacher, and (C) indicates the type of assignment to be performed, the anticipated date of rehire and the expected duration of the assignment. (c) The employment of a teacher under subsections (a) and (b) of this section shall not be considered as service qualifying for continuing contract status under section 10-151 and the salary of such teacher shall be fixed at an amount at least equal to that paid other teachers in the same school system with similar training and experience for the same type of service. (d) No person shall be entitled to survivor's benefits under subsection (f) of section 10-183f as a result of reemployment under this section. (e) The same option plan of retirement benefits in effect prior to reemployment shall continue for a reemployed teacher during reemployment. (f) Any member in violation of any provision of this section, as determined by the board, shall be required to reimburse the board for all amounts such member received in excess of the amount permitted under this section. Such reimbursement shall be accomplished through an offset of all or a portion of the excess amount which can be recaptured commencing with the next immediate retirement benefit payment issued to such member. Such member may request an alternative payment method to reimburse the board for the excess amount through an acceptable alternative method agreed to by the board. (g) In no event shall a retired member be permitted to revert to active status after the effective date of retirement, except a member may suspend their retirement benefit for reemployment purposes. (h) The provisions of this section in effect on June 30, 2003, revision of 1958, revised to January 1, 2003, shall be applicable to any person making contributions to the Teachers' Retirement System on June 30, 2003, in accordance with said provisions. (i) For purposes of this section, “employed” and “reemployed” mean to hire, retain or otherwise procure the services of a retired teacher or member by an employer.

Legislative History

(P.A. 78-208, S. 21, 35; P.A. 79-403; P.A. 82-218, S. 37, 46; 82-401, S. 3–5; P.A. 84-241, S. 2, 5; P.A. 97-301, S. 4, 10; P.A. 03-232, S. 1, 13; P.A. 06-192, S. 13; P.A. 10-111, S. 8; P.A. 13-247, S. 59; P.A. 16-91, S. 3; P.A. 17-173, S. 14; P.A. 18-42, S. 9; P.A. 19-74, S. 5; P.A. 21-186, S. 6; June Sp. Sess. P.A. 21-2, S. 476; P.A. 22-118, S. 183.) History: P.A. 79-403 changed maximum earnings allowed in Subsec. (a) for continued benefits from $3,600 to $4,000; P.A. 82-218 replaced board of higher education with board of governors pursuant to reorganization of higher education system, effective March 1, 1983; P.A. 82-401 amended Subsec. (a) to change salary limit from $4,000 to 45% of entry level salary for assigned subject area and amended Subsec. (b) to allow reemployment based on certification that reemployment is in best interest of school system and not only for emergency, such certification to be made by local or regional board of education instead of state board of education; P.A. 84-241 added “of higher education” to board of governors' title; P.A. 97-301 amended Subsec. (g) to change deduction amount from five-sixths to six-sevenths and amended Subsec. (h) to change amount of contribution from 5% to 6%, effective September 1, 1997; P.A. 03-232 amended Subsec. (a) to change rate of compensation for former teacher employed temporarily from no more than 45% of the entry-level salary for the assigned subject area to 45% of the maximum salary level for the assigned position, to provide that any payment in excess of this amount be reimbursed to the board, and to change requirement that notice of such employment be sent to the board semi-annually on January thirty-first and June thirtieth rather than monthly, amended Subsec. (b) by deleting provisions concerning employment being authorized by Teachers' Retirement Board upon certification that reemployment is in best interests of local or regional school system, and inserting reference to reemployment in position designated by Commissioner of Education as “a subject shortage area for the school year”, and providing employment may be for up to one full school year which, with prior approval from the board, may be extended for an additional school year, and providing that prior to the reemployment a request for approval be made in writing to Teachers' Retirement Board specifying the type of assignment, the anticipated rehire date and the expected duration of the assignment, amended Subsec. (c) by adding that upon approval of such employment by the board, the former teacher shall be eligible for the same health insurance benefits as active teachers employed by the school system, but not eligible for benefits paid under Sec. 10-183t while so employed, deleted former Subsec. (e) concerning termination of payment of retirement benefits to reemployed teachers and the resumption of same after reemployment ceases, relettered former Subsec. (f) as Subsec. (e) and deleted “and upon subsequent retirement”, deleted former Subsecs. (g), (h) and (i) concerning reemployed teacher's right to elect to make contributions to the system, the treatment of such contributions, such teacher's election to obtain retirement credit for the period of reemployment, and the resulting increase in retirement benefits for such teachers, added new Subsec. (f) providing that “the provisions of this section in effect on June 30, 2003, revision of 1958, revised to January 1, 2003, shall be applicable to” persons making contributions to the Teachers' Retirement System on June 30, 2003, in accordance with said provisions, effective July 1, 2003, and amended former Subsec. (g) by changing deduction from “six-sevenths” to “twenty-four twenty-ninths of the amount that would be deducted from the salaries of other members”, effective July 1, 2004 (Revisor's note: This amendment is of no effect since Subsec. (g) was deleted by the earlier amendment to this section); P.A. 06-192 amended Subsec. (b) by requiring that no former teacher receiving retirement benefits may be reemployed without certification by the local board of education that no qualified candidates are available, effective July 1, 2006; P.A. 10-111 deleted “former” in Subsecs. (a) to (c), amended Subsec. (a) by deleting definition of “temporary employment” and making a conforming change, deleting “semi-annually on January thirty-first and June thirtieth”, replacing “employing officials” with “employer” and adding “at the time of hire and”, and amended Subsec. (b) by adding “for up to one full school year”, adding “the State Board of Education”, designating provision re subject shortage area as Subdiv. (1) and adding Subdiv. (2) re school in priority school district, adding provision re notice of reemployment, replacing “employment may be for up to one full school year but” with “reemployment”, deleting “with prior approval by the board”, inserting proviso re local board of education and Subpara. designators (A) to (C), revising language re written request for approval and deleting “and certified by the local board of education” in Subpara. (A), adding “certifies” and deleting “shall include a statement indicating” in Subpara. (B) and adding “indicates” in Subpara. (C), effective May 26, 2010; P.A. 13-247 amended Subsec. (c) by applying provisions to Subsec. (a) re exemption from qualifying for continuing contract status and by adding reference to Subsec. (b) re approval by board, effective July 1, 2013; P.A. 16-91 amended Subsec. (a) by designating existing provisions re teacher receiving retirement benefits employed in teaching position as Subdiv. (1), designating existing provisions re notice of employment sent to board as Subdiv. (4) and amending same to delete provision re notice sent by retired teacher and add provision re time for notice to be sent by employer, adding Subdiv. (2) re limitation on compensation of reemployed teacher from July 1, 2016, to June 30, 2018, and adding Subdiv. (3) re employment of teacher receiving retirement benefits in teaching position on and after July 1, 2016, amended Subsec. (c) by adding reference to employment under Subsec. (a), and made technical and conforming changes, effective July 1, 2016; P.A. 17-173 amended Subsec. (a)(3) by replacing “and health insurance benefits under subparagraphs (A) and (B)” with “under Subparagraph (A)”, and amended Subsec. (c) by deleting provision re teacher receiving retirement benefits eligible for same health insurance benefits provided to active teachers and provision re no benefits to be paid under Sec. 10-183t while retired teacher is employed by system, effective July 6, 2017; P.A. 18-42 amended Subsec. (a)(2) by replacing “2018” with “2020”, effective May 31, 2018; P.A. 19-74 amended Subsec. (b) by adding “for the school year in which the teacher is being employed” in Subdiv. (1), adding Subdiv. (3) re teacher who graduated from public high school in educational reform district, adding Subdiv. (4) re teacher who graduated from historically black college or university or Hispanic-serving institution, and making technical and conforming changes, effective July 1, 2019; P.A. 21-186 amended Subsec. (a)(1) by adding “by an employer” and “for each school year”, amended Subsec. (b) by providing that reemployment may be extended for 1 additional school year, not to exceed 2 school years over lifetime of retiree, added new Subsec. (f) re reimbursement to board by member in violation of section, added Subsec. (g) prohibiting retired member from reverting to active status, redesignated existing Subsec. (f) as Subsec. (h) and added Subsec. (i) defining “employed” and “reemployed”, effective July 1, 2021; June Sp. Sess. P.A. 21-2 amended Subsec. (a)(2) by replacing “June 30, 2020” with “June 30, 2024”, effective June 23, 2021; P.A. 22-118 amended Subsec. (b) to add “, the Technical Education and Career System”, effective July 1, 2022.