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SECOND REGULAR SESSION
HOUSE BILL NO. 2091
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE CROSSLEY .
5268H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 169.596, RSMo, and to enact in lieu thereof one new section relating to
school employee retirement systems.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 169.596, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 169.596, to read as follows:
169.596. 1. Notwithstanding any other provision of this chapter to the contrary , a
2 retired certificated teacher receiving a retirement benefit from the retirement system
3 established pursuant to sections 169.010 to 169.141 may , without losing his or her retirement
4 benefit, teach full time for up to four years for a school district covered by such retirement
5 system; provided that the school district has a shortage of certified teachers, as determined by
6 the school district, and provided that no such retired certificated teacher shall be employed as
7 a superintendent. The total number of such retired certificated teachers shall not exceed, at
8 any one time, the greater of one percent of the total certificated teachers and noncertificated
9 staf f for that school district, or five certificated teachers.
10 2. Notwithstanding any other provision of this chapter to the contrary , a person
11 receiving a retirement benefit from the retirement system established pursuant to sections
12 169.600 to 169.715 may , without losing his or her retirement benefit, be employed full time
13 for up to four years for a school district covered by such retirement system; provided that the
14 school district has a shortage of noncertificated employees, as determined by the school
15 district. The total number of such retired noncertificated employees shall not exceed, at any
16 one time, the [ lesser of ten ] great er of one percent of the total certificated teachers and
17 noncertificated staff for that school district, or five employees.
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 3. The employer's contribution rate shall be paid by the hiring school district.
19 4. In order to hire teachers and noncertificated employees pursuant to the provisions
20 of this section, the school district shall:
21 (1) Show a good faith ef fort to fill positions with nonretired certificated teachers or
22 nonretired noncertificated employees;
23 (2) Post the vacancy for at least one month;
24 (3) Have not of fered early retirement incentives for either of the previous two years;
25 (4) Solicit applications through the local newspaper , other media, or teacher
26 education programs;
27 (5) Determine there is an insuf ficient number of eligible applicants for the advertised
28 position; and
29 (6) Declare a critical shortage of certificated teachers or noncertificated employees
30 that is active for one year .
31 5. Any person hired pursuant to this section shall be included in the State Directory of
32 New Hires for purposes of income and eligibility verification pursuant to 42 U.S.C. Section
33 1320b-7.
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HB 2091 2