2023 -- S 0085
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LC000774
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO EDUCATION -- TEACHERS' RETIREMENT (SEE TITLE 16 CHAPTER 97 -
- THE RHODE ISLAND BOA RD OF EDUCATION ACT)
Introduced By: Senators Britto, and Lawson
Date Introduced: February 01, 2023
Referred To: Senate Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 16-16-24 of the General Laws in Chapter 16-16 entitled "Teachers’ 1
Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby 2
amended to read as follows: 3
16-16-24. Substitute teaching and employment after retirement. 4
(a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has 5
retired under the provisions of any law of this state, may substitute as a teacher at state schools and 6
in the public schools of this state for a period of no more than ninety (90) one hundred twenty (120) 7
days in any one school year without any forfeiture of, or reduction in, the retirement benefits and 8
allowances the teacher is receiving, or may receive, as a retired teacher. Notice of the employment 9
shall be sent monthly to the state retirement board by the school committee employing the teacher 10
and by the employer and by the retired teacher at the end of each teaching assignment. 11
(b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has 12
retired under the provisions of any law of this state, may be employed to fill a vacant position 13
(including, but not limited to, employment as a tutor, mentor principal, or mentor assistant 14
principal) by any state school or public school of this state for a period of no more than ninety (90) 15
one hundred twenty (120) days in any one school year without any forfeiture of, or reduction in, 16
the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Notice 17
of the employment shall be sent monthly to the state retirement board by the employer and by the 18
LC000774 - Page 2 of 3
retired teacher. Provided, however, that no employment may be offered to a retiree subject to this 1
section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill 2
the position with a nonretired employee without success, and certifies, in writing, that it has done 3
so to the employees’ retirement system and to the bargaining agents of all education unions with 4
whom the employer has collective-bargaining agreements. 5
(c) Any retired teacher or athletic coach may be employed pursuant to subsections (a) and 6
(b), but in no event shall employment exceed ninety (90) one hundred twenty (120) days. 7
(d) The calculation of the ninety-day (90) one hundred twenty (120) period in any one 8
school year shall be determined by either of the following methods: 9
(1) Three (3) hours shall constitute a half day and the number of half days shall be limited 10
to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or 11
(2) Each period per day shall constitute one-fifth (⅕) of a teaching day. Any teacher hired 12
to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per 13
year. The computation is two-fifths times one hundred eighty (⅖ x 180) school days per year, which 14
shall be equivalent to seventy-two (72) full days per year. 15
(e) Any retired member of the employees retirement system of Rhode Island under title 36 16
or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and in the 17
public schools of this state for a period of no more than ninety (90) one hundred twenty (120) days 18
in any one school year without any forfeiture of, or reduction in, the retirement benefits and 19
allowances the substitute teacher is receiving, or may receive, as a retiree under any title. The other 20
provisions of subsections (b) through (d) shall also be deemed to apply. 21
SECTION 2. This act shall take effect upon passage. 22
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LC000774 - Page 3 of 3
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- TEACHERS' RETIREMENT (SEE TITLE 16 CHAPTER 97 -
- THE RHODE ISLAND BOA RD OF EDUCATION ACT)
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This act would increase the maximum amount of days a retired teacher and athletic coach 1
may substitute teach from 90 days to 120 days. 2
This act would take effect upon passage. 3
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LC000774
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