WEST VIRGINIA LEGISLATURE

2024 REGULAR SESSION

Introduced

House Bill 5219

By Delegates E. Pritt, Brooks, Chiarelli, Willis, Holstein and Dittman

[Introduced January 26, 2024; Referred to the Committee on Pensions and Retirement then Finance]

A BILL to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to the number of days a retired teacher may accept employment; and permitting employment beyond 140 days under specific conditions.

Be it enacted by the Legislature of West Virginia:

ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.

§18-7A-38. Maximum number of days a retired teacher may accept employment; calculating days worked for retirants engaged in substitute teaching.

(a) The Legislature finds that:

(1) The Consolidated Public Retirement Board has determined that retired substitute teachers should not perform substitute teaching without limit;

(2) The Consolidated Public Retirement Board has established, by rule, a maximum number of days in which a retired teacher may accept employment prior to having his or her retirement benefit reduced; and

(3) There have been inconsistencies in the manner in which county boards calculate the maximum number of days established by rule.

(b) The Consolidated Public Retirement Board may not set forth in rule a maximum number of days in which a retired teacher may accept employment prior to having his or her retirement benefit reduced that is less than 140 days:  Provided, That notwithstanding the limitation referred to in subsection (a) subdivision (1) of this section, retired teachers may accept employment beyond a period of 140 days without having his or her retirement benefit reduced when there are teaching vacancies and a need for teachers exists without having his or her retirement benefit reduced.

(c) For the purpose of calculating whether a retired substitute teacher has exceeded the maximum number of days in which a substitute teacher may accept employment without incurring a reduction in his or her retirement benefit, the number of days worked shall be determined by:

(1) Totaling the number of hours worked; and

(2) Dividing by the standard number of hours that a full-time teacher works per day.

NOTE: The purpose of this bill is to provide that the number of days a retired teacher may accept employment may extend beyond 140 days under specific conditions; and to prohibit reduction of benefits or requiring additional contributions for retirement benefits.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.