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SECOND REGULAR SESSION
HOUSE BILL NO. 2396
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE BROMLEY .
5949H.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
retirement benefits for certain teacher 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Section A. Section 169.596, RSMo, is repealed and one new section enacted in lieu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. Except as prov ided under subsection 5 of this section and
2 notwithstanding any other provision of this chapter to the contrary , a retired certificated
3 teacher receiving a retirement benefit from the retirement system established pursuant to
4 sections 169.010 to 169.141 may , without losing his or her retirement benefit, teach full time
5 for up to four years for a school district covered by such retirement system; provided that the
6 school district has a shortage of certified teachers, as determined by the school district, and
7 provided that no such retired certificated teacher shall be employed as a superintendent. The
8 total number of such retired certificated teachers shall not exceed, at any one time, the greater
9 of one percent of the total certificated teachers and noncertificated staff for that school
10 district, or five certificated teachers.
11 2. Notwithstanding any other provision of this chapter to the contrary , a person
12 receiving a retirement benefit from the retirement system established pursuant to sections
13 169.600 to 169.715 may , without losing his or her retirement benefit, be employed full time
14 for up to four years for a school district covered by such retirement system; provided that the
15 school district has a shortage of noncertificated employees, as determined by the school
16 district. The total number of such retired noncertificated employees shall not exceed, at any
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.
17 one time, the lesser of ten percent of the total noncertificated staff for that school district, or
18 five employees.
19 3. The employer's contribution rate shall be paid by the hiring school district.
20 4. In order to hire teachers and noncertificated employees pursuant to the provisions
21 of subsections 2 and 3 of this section, the school district shall:
22 (1) Show a good faith ef fort to fill positions with nonretired certificated teachers or
23 nonretired noncertificated employees;
24 (2) Post the vacancy for at least one month;
25 (3) Have not of fered early retirement incentives for either of the previous two years;
26 (4) Solicit applications through the local newspaper , other media, or teacher
27 education programs;
28 (5) Determine there is an insuf ficient number of eligible applicants for the advertised
29 position; and
30 (6) Declare a critical shortage of certificated teachers or noncertificated employees
31 that is active for one year .
32 5. (1) For all school years beginning on or after the July first immediately
33 following compliance with the pr ovisions of section 105.684, but no earlier than July 1,
34 2027, a ret ired certificated teacher r eceiving a re tire ment benefit fr om the ret ire ment
35 system established under sections 169.010 to 169.141 may , without losing his or her
36 r etir ement benefit, teach full time for a school district in a position cover ed by such
37 r etir ement system, pro vided that no such ret ired certificated teacher shall be employed
38 in administration.
39 (2) Such person shall not contribute to the ret irem ent system because of earnings
40 during such period of employment, and such person shall not earn membership service
41 for such employment. The employer's contribution rate for such person shall be paid by
42 the hiring school district into the ret irem ent system established by sections 169.010 to
43 169.141.
44 (3) The employer shall compensate a person hir ed under the provi sions of this
45 section at the salary commensurate with the salary of an individual with similar years of
46 experience and level of education on such district's salary schedule for such position
47 filled by the ret iree, or comparable position if the position did not exist, without a
48 discontinuance of the person's re tire ment allowance, prov ided that such salary may be
49 r educed by an amount equal to the per centage of the employee ret irem ent contribution
50 rate for such individual.
51 (4) If the employer does not utilize a salary schedule or if the position in question
52 is not subject to the employer's salary schedule, the employer shall set the compensation
53 for such r etir ee at the tier of the salary limit that the school board of the employer set
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54 for the position that has been submitted and appr oved by the board of trustees of the
55 r etir ement system and is commensurate with the salary of an individual with similar
56 years of experience and level of education, pro vided that such salary may be redu ced by
57 an amount equal to the per centage of the employee r etir ement contribution rate for such
58 individual.
59 6. Any person hired pursuant to this section shall be included in the State Directory of
60 New Hires for purposes of income and eligibility verification pursuant to 42 U.S.C. Section
61 1320b-7.
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