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H0202..........................................................by EDUCATION
TEACHERS - RETIRED - REEMPLOYMENT - Amends and adds to existing law
relating to public employee retirement to permit school districts to employ
certain certificated school teachers and administrators who are receiving
public employee retirement benefits; to provide the conditions under which
such reemployment may occur; and to provide the conditions under which
certain retired school teachers and administrators may elect to continue
receiving benefits and not accrue additional service.
02/15 House intro - 1st rdg - to printing
02/16 Rpt prt - to Educ
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/01 3rd rdg - PASSED - 62-7-1
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Harwood,
Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, LeFavour,
Luker, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini,
Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts,
Ruchti, Rusche, Sayler, Shepherd(2), Shepherd(8), Shirley, Shively,
Smith(30), Smith(24), Snodgrass, Stevenson, Thayn, Trail, Vander
Woude, Wills, Wood(27), Mr. Speaker
NAYS -- Clark, Hart, Lake, Loertscher, Marriott, Schaefer, Wood(35)
Absent and excused -- Bock
Floor Sponsor - Bedke
Title apvd - to Senate
03/02 Senate intro - 1st rdg - to Educ
03/07 Rpt out - rec d/p - to 2nd rdg
03/08 2nd rdg - to 3rd rdg
03/13 3rd rdg - PASSED - 28-7-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
Cameron, Coiner, Darrington, Fulcher, Gannon, Geddes, Goedde,
Hammond, Hill, Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai,
McGee, Pearce, Richardson, Schroeder, Siddoway, Stennett, Werk
NAYS -- Corder, Davis, Heinrich, Little, McKague, McKenzie, Stegner
Absent and excused -- None
Floor Sponsor - Cameron
Title apvd - to House
03/14 To enrol
03/15 Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 131
Effective: 07/01/07;
07/01/12 Sunset Clause, Section 1
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 202
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC EMPLOYEE RETIREMENT; AMENDING CHAPTER 10, TITLE 33, IDAHO
3 CODE, BY THE ADDITION OF A NEW SECTION 33-1004H, IDAHO CODE, TO PERMIT
4 SCHOOL DISTRICTS TO EMPLOY CERTAIN CERTIFICATED SCHOOL TEACHERS AND ADMIN-
5 ISTRATORS WHO ARE RECEIVING PUBLIC EMPLOYEE RETIREMENT BENEFITS AND TO
6 PROVIDE THE CONDITIONS UNDER WHICH SUCH REEMPLOYMENT MAY OCCUR; AMENDING
7 SECTION 59-1356, IDAHO CODE, TO PROVIDE THE CONDITIONS UNDER WHICH CERTAIN
8 RETIRED SCHOOL TEACHERS AND ADMINISTRATORS MAY ELECT TO CONTINUE RECEIVING
9 BENEFITS AND NOT ACCRUE ADDITIONAL SERVICE; AND PROVIDING FOR A SUNSET
10 DATE FOR SECTION 1 OF THIS ACT.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Chapter 10, Title 33, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 33-1004H, Idaho Code, and to read as follows:
15 33-1004H. EMPLOYING RETIRED TEACHERS AND ADMINISTRATORS. (1) Notwith-
16 standing the provisions of section 33-514, 33-1271 or 33-1273, Idaho Code,
17 school districts may employ certificated school teachers and administrators
18 who are receiving retirement benefits from the public employee retirement sys-
19 tem of Idaho, except those who received benefits under the early retirement
20 program provided in section 33-1004G, Idaho Code, in positions requiring such
21 certification, as at-will employees. Any employment contract between the
22 retiree and the school district shall be separate and apart from the collec-
23 tive bargaining agreement of the school district.
24 (2) Retirees employed under this section shall accrue one (1) day per
25 month of sick leave, with no annual sick leave accumulation unless additional
26 sick leave is negotiated between the candidate and the school district at the
27 time of employment. No sick leave accrued under this section qualifies for
28 unused sick leave benefits under section 33-1228, Idaho Code.
29 (3) School districts are not required to provide health insurance or life
30 insurance benefits to persons employed under this section. Post-termination
31 benefits may be negotiated between the school district and the certificated
32 employee at the time of rehiring but in no event can the parties affect or
33 attempt to affect the provisions governing the public employee retirement sys-
34 tem.
35 SECTION 2. That Section 59-1356, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 59-1356. REEMPLOYMENT OF RETIRED MEMBERS. (1) If an early retired member
38 is reemployed with the same employer within ninety (90) days from retiring, or
39 the early retired member is guaranteed reemployment with the same employer the
40 member shall be considered to have continued in the status of an employee and
41 not to have separated from service. Any retirement allowance payments received
2
1 by the retired member shall be repaid to the system and the retirement shall
2 be negated. The month of last contribution prior to the negated retirement and
3 the month of initial contribution upon return to reemployment shall be con-
4 sidered consecutive months of contributions in the determination of an appro-
5 priate salary base period upon subsequent retirement.
6 (2) Except as provided in subsection (3) of this section, when a retired
7 member meets the definition of an employee as defined in section
8 59-1302(14)(A)(a), Idaho Code, any benefit payable on behalf of such member
9 shall be suspended and any contributions payable by such member under sections
10 59-1331 through 59-1334, Idaho Code, shall again commence. The suspended bene-
11 fit, as adjusted pursuant to section 59-1355, Idaho Code, shall resume upon
12 subsequent retirement, along with a separate allowance computed with respect
13 to only that salary and service credited during the period of reemployment.
14 Any death benefit that becomes payable under the suspended benefit shall be
15 payable under section 59-1361(2), Idaho Code. Any death benefit that becomes
16 payable with respect to salary and service accrued during the period of reem-
17 ployment shall be payable under section 59-1361(3), Idaho Code, if the member
18 dies during the period of reemployment.
19 (3) If a retired member, who is receiving a benefit that is not reduced
20 under section 59-1346, Idaho Code, and who has been retired for more than six
21 (6) months, again becomes employed as defined in this section and section
22 59-1302(14)(A)(b), Idaho Code, as a result of being elected to a public office
23 other than an office held prior to retirement, the retired member may elect to
24 continue receiving benefits and not accrue additional service, in which event
25 no contributions shall be made by the member or employer during such reemploy-
26 ment and any benefit payable on behalf of such member shall continue.
27 (4) If a retired school teacher or administrator, who retired on or after
28 age sixty-two (62) years and is receiving a benefit that is not reduced under
29 section 59-1346, Idaho Code, again becomes an employee as defined in this sec-
30 tion and section 59-1302(14), Idaho Code, as a result of returning to employ-
31 ment with a school district as provided in section 33-1004H, Idaho Code, the
32 retired member may elect to continue receiving benefits and not accrue addi-
33 tional service, in which event no contributions shall be made by the member
34 during such reemployment and any benefit payable on behalf of such member
35 shall continue. However, the school district shall pay the required employer
36 contribution for that employee to the public employee retirement system. After
37 June 30, 2012, this subsection (4) shall no longer be in force and effect and
38 the other provisions of this section shall be applicable to all employment,
39 including the employment of retirees who were employed under section 33-1004H,
40 Idaho Code, before that date.
41 (5) For purposes of this section, "same employer" means the employer for
42 which the retired member last worked prior to retirement.
43 SECTION 3. The provisions of Section 1 of this act shall be null, void
44 and of no force and effect on and after July 1, 2012.
STATEMENT OF PURPOSE
RS 16934
The purpose of this act is to allow retired teachers or
administrators to be rehired as "at will" employees without
putting their PERSI benefits in jeopardy. The Act stipulates the
conditions and requirements should a school district decide to
hire or rehire a retired school teacher. Retired teachers or
administrators who qualify are those who have 1) reached the Rule
of 90, 2) are not participating in the early retirement program,
AND 3) who are retired on or after the age of 62.
FISCAL IMPACT
No fiscal impact is expected. Funding for public schools is
based on classroom unit. Retired teachers may be less expensive
and the district may not have some costs associated, such as
insurance, which would result in a savings.
Contact
Name: Senator Dean Cameron 334-4735
Phone: Rep. Scott Bedke 332-1120
Name: Debbie Critchfield, Chairman, Board of Trustees
Agency: Cassia County Joint School District #151
Phone: (208) 862-3414
STATEMENT OF PURPOSE/FISCAL NOTE H 202