AN ACT RELATING TO EDUCATION -- TEACHERS' RETIREMENT (Restore the rights of school administrators and staff members, who have retired to exceed the ninety-day (90) cap on post-retirement employment and work up to one hundred eighty (180) days during a school year.)

H8170

2026 -- H 8170
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LC005313
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
____________
A N A C T
RELATING TO EDUCATION -- TEACHERS' RETIREMENT

Introduced By:
Representatives O'Brien, Shallcross Smith, Solomon, Alzate, Baginski,
Furtado, Voas, Serpa, Biah, and Dawson

Date Introduced:
February 27, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 16-16-24.3 of the General Laws in Chapter 16-16 entitled "Teachers’
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Retirement [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is hereby
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amended to read as follows:
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16-16-24.3. Substitute teaching and post-retirement teachers. [Expires June 26, 2026]
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(a) Notwithstanding any public or general law, or rule or regulation to the contrary,
and
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except as provided in subsection (c) of this section,
any teacher
, administrator, or staff
member
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who has retired under the provisions of this title (“education”) may exceed the ninety-day (90) cap
8
on post-retirement employment and work up to one hundred eighty (180) days during a school year
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upon:
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(1) A determination by the local education authority (“LEA”) that there exists a specialized
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need, within the authority, to fill positions on a temporary basis, that may require the LEA to
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employ retired teachers and exceed the ninety-day (90) cap on post-retirement employment;
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(2) Retired teacher
, administrators, or staff
members being asked to exceed the ninety-day
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(90) cap on post-retirement employment possess the skills, training, and knowledge necessary to
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help address teacher staffing shortages; and
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(3) The local education authority has notified the state retirement board that it has
17
determined that exceeding the ninety-day (90) cap on post-retirement employment is necessary to
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help address teacher
and administrative
staffing shortages. Provided, however
:
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(i) No

no
employment may be offered to a retiree subject to this section unless the employer

1
has made a good-faith effort each school year to fill the position with a nonretired employee without
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success, and certifies, in writing, that it has done so to the employees’ retirement system and to the
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bargaining agents of all education unions with whom the employer has collective bargaining
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agreements
;
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(ii) The LEA provides in its notice to the state retirement board and the bargaining agents
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the total number of certified teacher positions within the LEA, including the number of teacher
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positions filled and the number of teacher positions the LEA is seeking to fill; and
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(iii) The total number of retired teachers an LEA may hire under the provisions of this
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section may not exceed five percent (5%) of the total number of certified teacher positions reported
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to the state retirement board by the LEA pursuant to subsection (a)(3)(ii) of this section.
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(b) Any teacher
, administrator or staff
member who has retired under the provisions of this
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title, and has been employed or re-employed under the provisions of this section, shall not be
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entitled to additional service credits for such employment, and the teacher member shall not be
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responsible for any contribution to the pension system as a result of the employment; provided,
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however, the local educational authority shall make the employer contribution for the teacher
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member as if the district had hired a new teacher member.
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(c) A teacher retired under the provisions of this title shall be subject to a ninety-day (90)
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cap on post-retirement employment during the period of one year after the date of that teacher’s
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retirement. Thereafter, that teacher shall be eligible to exceed the ninety-day (90) cap on post-
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retirement employment as provided in subsection (a) of this section.
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(d)
(c)
The provisions of this section shall apply retroactively to June 20, 2025, and shall
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sunset
one year from enactment or
on August 1,
2026

2027
, whichever shall occur first
.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- TEACHERS' RETIREMENT
***
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This act would restore the rights of school administrators and staff members, who have
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retired, to exceed the ninety- (90) day cap on post-retirement employment and work up to one
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hundred eighty (180) days during a school year. The provisions of the act would sunset on August
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1, 2027.
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This act would take effect upon passage.
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