Senate Bill No. 550
(By Senators Prezioso and Plymale)
____________
[Introduced March 11, 2009; referred to the Committee on
Education; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §18-7A-38 of the Code of West Virginia,
1931, as amended, relating to teachers' retirement; and
providing that retired teachers who teach college-level
courses on a noncontract basis may not be limited to fewer
hours of employment than eighteen credit hours a semester.
Be it enacted by the Legislature of West Virginia:
That §18-7A-38 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
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 one hundred forty days.
(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.
(d) 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 while teaching college level courses on a noncontract basis that is less than eighteen credit hours a semester.
NOTE: The purpose of this bill is to provide that retired
teachers who teach college level courses on a noncontract basis may
not be limited to fewer hours of employment than eighteen credit
hours a semester.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.