From the ECS State Policy Database Teaching Quality--Compensation and Diversified Pay--Retirement/Benefits

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Signed into law 09/2012 P-12 This bill deals with the state's retirement system and is an attempt to reduce costs by clearing up some language and closing some loopholes. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2663_bill_20120930_chaptered.pdf Final bill analysis: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2651-2700/ab_2663_cfa_20120824_205201_asm_floor.html Title: A.B. 2663 Source: www.leginfo.ca.gov IL Signed into law 08/2012 P-12 Provides the service retirement pension must not be cancelled for a pensioner who is re-employed as a teacher on a temporary and non-annual basis or on an hourly basis, so long as the person (1) does not work as a paid teacher on more than 100 days in a school year and (2) does not accept gross compensation in a school year in excess of (i) $30,000 or (ii) in the case of a person who retires with at least 5 years of service as a principal, an amount equal to the daily rate normally paid to retired principals multiplied by 100. Provides that such re-employment does not require contributions, result in service credit, or constitute active membership in the Fund. Establishes pensioner and state board procedures for a pensioner to be eligible for such re-employment without cancellation of pension. Provides that if a pensioner works for more than 100 days or accepts excess gross compensation for such re-employment in any school year, the service retirement pension will thereupon be cancelled. http://www.ilga.gov/legislation/97/SB/PDF/09700SB3597lv.pdf Title: S.B. 3597 Source: www.ilga.gov CA Signed into law 07/2012 P-12 From bill summary: Extends until June 30, 2013 exemptions to limits on the postretirement compensation that may be earned in specified types of employment by a retired member of the Defined Benefit Program without a reduction in the member's retirement benefits. Until June 30, 2013, also exempts from the earnings limitation compensation paid to a retired member who has returned to work after the date of retirement as a trustee, administrator, or fiscal advisor approved pursuant to specified provisions by the superintendent of public instruction, the Board of Governors of the California Community Colleges, or a county superintendent of schools to address academic or financial weaknesses in a school district. Specifies the documentation required for any of those persons exercising that compensation exemption. Additionally exempts from the earnings limitation an employee of a 3rd party that does not participate in a California public pension system if the activities performed by the person are not normally performed by employees of a public employer and it is for a limited-term assignment. Changes method of calculating limit to the amount of compensation for certain creditable service activities by a retired member in one school year. Existing law authorizes a retired member of the State Teachers' Retirement System (STRS) to terminate his or her retirement allowance, reinstate as an active member, and later cancel the termination upon subsequently retiring, as specified. Existing law prescribes the conditions under which a STRS service retirement allowance becomes effective and requires, in this regard, that the effective date be at least one year following the date on which it is terminated pursuant to the above-described provision. New provisions (1) eliminate the one-year waiting period after the termination, and (2) prohibit a member who terminates his/her retirement allowance pursuant to that provision and retires within one year of reinstatement from electing a different option or different set of beneficiaries than were in effect at the time of the termination. http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0151-0200/ab_178_bill_20120717_chaptered.pdf Title: A.B. 178 Source: www.leginfo.ca.gov CA Signed into law 06/2012 P-12 From section 27 of bill summary: Provides that, if a district, county office of education, or charter school reduces the number of days of instruction pursuant to a specified provision for the 2012–13 or 2013–14 fiscal years, the minimum standard for full time for purposes of calculating disability, retirement, and death benefits under the Defined Benefit Program are reduced to the number of days of instruction provided by that district, county office of education, or charter school and the number of hours of instruction equal to the number of days of instruction times 6. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_1001-1050/sb_1016_bill_20120627_chaptered.pdf Title: S.B. 1016 - Benefit Calculation When Instructional Days Reduced Source: www.leginfo.ca.gov OH Signed into law 06/2012 P-12 Specifies that a local board employee who is a substitute, adult education instructor who is scheduled to work the full-time equivalent of less than 120 days per school year, or a person employed on an as-needed, seasonal, or intermittent basis are not entitled to same sick leave allotment as other local board employees. Pages 3-4 of 592: http://www.legislature.state.oh.us/BillText129/129_SB_316_EN_Y.pdf Title: S.B. 316 - Sick Leave for Certain Local Board Employees Source: www.legislature.state.oh.us RI Signed into law 06/2012 P-12 Adds corporations to the list of entities who may act as trustee for trust agreements between school districts and corporate trustees in reference to OPEB (other post employment benefits) trusts. Also allows school districts to employ corporations to advise on the investment of the OPEB trust and pay for it and allows corporations to manage and operate OPEB trusts but requires a separate yearly audit annually. http://www.rilin.state.ri.us/BillText12/SenateText12/S2038.htm Title: S.B. 2038 Source: http://www.rilin.state.ri.us LA Signed into law 06/2012 P-12 Section 2: Amends provisions related to extended sick leave for school bus drivers, teachers and other district employees. Repeals provision allowing local boards a waiver from certain parameters for extended sick leave. Specifies that, with exception of maternity leave for teachers, extended sick leave may only be used for a medical necessity, and defines medical necessity as the result of a catastropic illness or injury (i.e., life-threatening, chronic, or incapacitating condition) of the driver or driver, or an immediate family member. Amends provisions related to doctor's statement certifying a medical necessity. Directs local boards to develop and implement three sick leave bank policies, one each for school bus drivers, teachers, and other employees. Requires annual reporting to the department of education on the number of extended leave requests granted and denied annually, and the reasons for such denials. Provides only the local superintendent may make decisions on granting extended leave or sabbatical leave. From bill analysis: Repeals Section 2 of Act No. 470 of the 2010 Regular Session, which provided that school nurses, speech language pathologists, audiologists, and educational diagnosticians are eligible for leave as provided in R.S. 17:46(A)(1)(b) and R.S. 17:1170 only in a fiscal year for which the amount of the state and local base per pupil cost determination, as established in the MFP formula most recently approved by the legislature, is increased at least 2.75% over the amount established for the previous fiscal year. Bill text (pages 2-9 of 9): http://legis.la.gov/billdata/streamdocument.asp?did=812415 Bill analysis: http://legis.la.gov/billdata/streamdocument.asp?did=802123 Title: S.B. 494 - Sick and Sabbatical Leave for District Employees Source: legis.la.gov LA Signed into law 06/2012 P-12 Amends education requirements for members of retirement system boards of trustees. Makes continuing education requirements also applicable to each designee of a member. Doubles the hours of training required each year related to actuarial science information; the laws, rules, and regulations applicable to the member's system; and fiduciary duty and ethics. Requires a new board member to have completed the fiduciary and ethics requirement and at least one hour in each of the other areas before voting on any matter (previous language required a new member to have completed one hour of education in each of the four areas before voting on any matter). http://www.legis.state.la.us/billdata/streamdocument.asp?did=810359 Title: S.B. 16 Source: www.legis.state.la.us LA Signed into law 05/2012 P-12 Clarifies that provisions related to the employment of retirees apply to: (1) Retired members who return to active service as P-12 substitute teachers. (2) A retired member with an advanced degree in speech therapy, speech pathology, or audiology (3) A retired member with a valid Louisiana teaching certificate who returns to active service teaching in an adult education or literacy program administered through a public K-12 education institution. Prohibits the earnings of a teacher employed under (1) or (3) above from exceeding 25% of his benefit during any fiscal year. Provides that if actual earnings exceed this amount in any fiscal year, the benefits payable to the retiree must be reduced by the amount in excess of 25% of his benefit. Provides that if any retired member returns to active service in a position qualifying him as a retired teacher under more than one statutory provision providing for earning limitations, the most restrictive earnings limitation must apply to the total earnings of the retired teacher for all such positions in a fiscal year. Clarifies that a retired member's benefits must be suspended during a member's reemployment even if such reemployment is based on employment by contract or corporate contract. Clarifies employing agencies' annual reporting requirements to the retirement system for purposes of these provisions. http://www.legis.state.la.us/billdata/streamdocument.asp?did=807182 Title: S.B. 19 Source: www.legis.state.la.us AL Signed into law 05/2012 P-12 Permits an active member of the Teachers' Retirement System or the Employees' Retirement System with at least 10 years of credible service in either system to claim and purchase service credit in the system for up to 10 years of prior service for employment with the U.S. Department of Agriculture Farm Service Agency if the member complies with specified conditions. Prohibits a member from receiving credit for any service the member is already credited with in the system or any other public retirement plan other than federal Social Security. Prohibits any year of service purchased under these provisions from being considered in determining a specified out-of-pocket premium amount charged to retirees. Provides that any service so purchased does not provide a member with early eligibility for benefits under the Public Education Employees' Health Insurance Plan or the State Employees' Health Insurance Plan. Title: H.B. 598 Source: Westlaw/StateNet AL Signed into law 05/2012 P-12 Provides that the Third Party Prescription Program Act does not apply to the Public Education Employees' Health Insurance Plan. Title: S.B. 571 Source: Westlaw/StateNet FL Signed into law 04/2012 P-12 Permits districts to provide a policy under which sick leave time may be donated to another district employee. Provides standards for a sick leave transfer policy. http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0285er.docx&DocumentType=Bill&BillNumber=0285&Session=2012 Title: H.B. 285 Source: myfloridahouse.gov FL Signed into law 04/2012 P-12 Provides that if a district enters into a contract or employment agreement with an officer, agent, employee or contractor that includes a severance pay provision, the agreement must include the provisions of s. 215.425 (http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0200-0299/0215/Sections/0215.425.html) (reducing severance package language from maximum of one year's salary to a maximum of 20 weeks' compensation). Amends separate section to require district school superintendent contracts, if they contain severance pay provisions, to include the provisions of s. 215.425. Bill text (pages 8-9 of 41): http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h5101er.docx&DocumentType=Bill&BillNumber=5101&Session=2012 Final bill analysis: http://myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=h5101z.PKAS.DOCX&DocumentType=Analysis&BillNumber=5101&Session=2012 Title: H.B. 5101 - Severance Pay Source: myfloridahouse.gov TN Signed into law 04/2012 P-12 Provides the county board of education may use the county's system of centralized procurement to provide life insurance plans for designated school board employees. http://www.capitol.tn.gov/Bills/107/Bill/SB2648.pdf Title: S.B. 2648 Source: http://www.capitol.tn.gov ID Signed into law 03/2012 P-12 Allows retired teachers or administrators to be rehired as "at will" employees without putting their PERSI benefits in jeopardy. The Act stipulates the conditions and requirements should a school district decide to hire or rehire a retired school teacher and removes the previous sunset provision. Retired teachers or administrators who qualify are those who have 1) reached the Rule of 90, 2) are not participating in the early retirement program, AND 3) who are retired on or after the age of 62. http://legislature.idaho.gov/legislation/2012/H0579.pdf Title: H.B. 579 Source: legislature.idaho.gov CA Signed into law 10/2011 P-12 Makes numerous changes to retirement provisions, including permitting a retired member of the State Teachers' Retirement System (STRS), pursuant to specified limitations, to perform the work of county and district superintendents who are responsible for the supervision of persons or administration of certain duties and to perform trustee work for the Cash Balance Benefit Program. In addition: From bill summary: Existing law establishes the Cash Balance Benefit Program, administered by the State Teachers' Retirement Board, as a separate benefit program within the State Teachers' Retirement Plan. This bill would permit a member retired for service under the Cash Balance Benefit Program to perform specified activities as an employee of an employer in the system, as an employee of a third party, or as an independent contractor within the California public school system, but would prohibit the member from making contributions to the retirement fund. The bill would condition this authorization on a variety of factors including limitations on the rate of pay of the member and the total amount of compensation, as well as on the employer maintaining accurate records in this regard, among other things. The bill would also repeal provisions that require that a participant in the Cash Balance Benefit Program who becomes reemployed under certain conditions have his or her annuity terminated. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0301-0350/sb_349_bill_20111009_chaptered.pdf Title: S.B. 349 Source: www.leginfo.ca.gov CA Signed into law 10/2011 P-12 From bill summary: Requires the board of administration of the Public Employees' Retirement System and the Teachers' Retirement Board to each provide a 5-year strategic plan for emerging investment manager participation across all asset classes. Requires each of the boards to submit an annual report to the legislature, until January 1, 2018, regarding the progress of the strategic plan. Requires the boards to define "emerging investment manager" for purposes of these provisions. http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0251-0300/sb_294_bill_20110908_enrolled.pdf According to the last bill analysis before bill enrollment, "According to the [bill] author, "While both entities have voluntarily adopted emerging manager programs as a strategy to increase diversification, there is no existing law that governs these programs. This bill is to encourage expanded opportunities for newer and smaller investment companies in the state procurement of financial services, including the management of assets managed by the state's public pension funds." http://www.leginfo.ca.gov/pub/11-12/bill/sen/sb_0251-0300/sb_294_bill_20111009_chaptered.pdf Title: S.B. 294 Source: www.leginfo.ca.gov NY Signed into law 09/2011 P-12 Permits certain eligible vested members of the NYS teachers' retirement system in tiers 3 and 4 who have permanently ceased teaching to withdraw from such system and to transfer such credits to another state's retirement system. Requires return of accumulated member contributions. http://assembly.state.ny.us/leg/?default_fld=&bn=S03401&term=&Summary=Y&Text=Y Title: S.B. 3401 Source: assembly.state.ny.us CT Signed into law 07/2011 P-12 Establishes a charter school educator permit and allows the education commissioner, starting in the 2011-12 school year, to waive state certification requirements and issue such a permit to a teacher or administrator who lacks certification and who is employed by a charter school, if the person meets the bill's qualifications. Limits the number of teachers and administrators who may hold permits in any year to no more than 30% of a charter school's teachers and administrators combined. Provides that a charter school educator permit allows a person to work in a charter school as a teacher or administrator and, if working as an administrator, to supervise and evaluate anyone providing instructional or pupil services in the school that employs the administrator. Makes anyone holding a charter school educator permit a member of the appropriate teachers' or administrators' unit for collective bargaining purposes. Requires any permit holder who becomes certified to participate in the Teachers' Retirement System (by law, only certified teachers and administrators may participate in the TRS). http://www.cga.ct.gov/2011/ACT/Pa/pdf/2011PA-00234-R00SB-01160-PA.pdf Title: S.B. 1160 Source: http://www.cga.ct.gov ME Signed into law 07/2011 P-12 Provides that employees of school administrative units and educational advisory organizations are eligible to participate in the group health plan that is available to state employees and other eligible persons. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC438.asp Title: S.P. 200 Source: http://www.mainelegislature.org OH Signed into law 06/2011 P-12 Section 9.482: Authorizes a political subdivision (including a school district), when authorized by their respective legislative authorities, to enter into an agreement with another political subdivision to allow the contracting political subdivision to exercise any power, perform any function or render any service that the contracting recipient political subdivision is otherwise legally authorized to exercise, perform or render. Establishes parameters for such agreements. Provides that employees acting outside the boundaries of their employing political subdivision while providing a service under an agreement may participate in any pension or indemnity fund established by the political subdivision to the same extent as while they are acting within the boundaries of the political subdivision, and are entitled to all the rights and benefits of Chapter 4123 of the Revised Code to the same extent as while they are performing a service within the boundaries of the political subdivision. Pages 43-44 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf Title: H.B. 153 - Powers of Political Subdivisions Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Postsec. Section 9.833: Provides that any agreement for a political subdivision (including a school district) to jointly administer an individual self-insurance program with another political subdivision, establish and maintain a joint self-insurance program, or join with other political subdivisions to provide a health savings account program, among other actions, must (1) be in writing, (2) comply with specified legislative provisions, and (3) contain best practices established in consultation with and approved by the department of administrative services. Permits the best practices to be reviewed and amended at the discretion of the political subdivisions in consultation with the department. Requires that detailed information on the best practices be made available to any employee upon request. Requires political subdivisions to maintain certified audited financial statements for individual or joint self-insurance programs. Section 9.90: Provides that certain provisions related to health care programs apply until the department of administrative services implements healthcare plans designed under section 9.901. Provides that once the department of administrative services releases in final form health care plans designed under section 9.901, all health care benefits provided to employees of state institutions of higher education, school districts or educational service centers may be through those plans. Provides that if those plans do not include or address any benefits listed in section 9.90, or if the board of trustees or other governing body of a state institution of higher education, a district board, or governing board of an educational service center do not elect to be covered under a plan offered by the department of administrative services under section 9.901, the provisions of 9.90 continue to apply for those benefits. Section 9.901: Among other provisions: Before the department's release of the initial health care plans, the department must contract with an independent consultant to analyze costs related to employee health care benefits provided by existing political subdivision, school district and state institution plans. The consultant must (1) determine the benefits offered by existing plans, the employees' costs, and the cost-sharing arrangements used by political subdivisions, schools, and institutions participating in a consortium; (2)l determine what strategies are used by the existing plans to manage health care costs and study the potential benefits of state or regional consortiums of political subdivisions, public schools, and institutions offering multiple health care plans. Based on the findings of the analysis, the consultant must submit recommendations to the department for the development and implementation of a successful program for pooling purchasing power for the acquisition of employee health care plans. Requires that the recommendations address numerous specified issues. Specifies that nothing prohibits a political subdivision from adopting a delivery system of benefits that is not in accordance with the department's adopted best practices if it is considered to be most financially advantageous to the political subdivision. Pages 46-61 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part1.pdf Title: H.B. 153 - Health Care Benefits Source: www.legislature.state.oh.us OH Signed into law 06/2011 P-12 Removes substitutes, adult education instructors who are scheduled to work the full-time equivalent of less than 120 days per school year, or persons who are employed on an as-needed, seasonal or intermittent basis from those local board employees entitled to 15 days sick leave with pay per contract year. Specifies that part-time employees will receive sick leave calculated on a ratio to hours of service as specified in the government code. Page 378 of 1000: http://www.legislature.state.oh.us/BillText129/129_HB_153_EN_part2.pdf Title: H.B. 153 - Calculation of Sick Leave Source: www.legislature.state.oh.us TX Signed into law 06/2011 P-12 Permits a school district employee whose resignation is effective after the last day of an instructional year to participate in the uniform group coverage plan or the group health coverage through the last calendar day before the first day of the instructional year immediately following the last instructional year in which the employee was employed by the district, if this date is earlier than the first anniversary of the date participation in or coverage under the uniform group coverage plan or the group health coverage was first made available to district employees for the last instructional year in which the employee was employed by the district (employee is entitled to be enrolled in the health plan to the earlier of the two dates). http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/SB00155F.pdf#navpanes=0 Title: S.B. 155 Source: www.legis.state.tx.us NV Signed into law 06/2011 P-12 Under existing law, each school district is required to schedule and provide annually a minimum of 180 days of school and a charter school is required to provide at least as many days of school as are required for other public schools in the school district in which the charter is located. For the 2011-2013 biennium, Section 6.5 of this bill authorizes the board of trustees of a school district and the governing body of a charter school to request a waiver of not more than 5 noninstructional days from the required minimum number of school days for a school year in that biennium during an economic hardship to avoid the layoff of teachers and other educational personnel employed by the school district or charter school. A request for a waiver must be reviewed by the Superintendent of Public Instruction and, if approved, transmitted to the Interim Finance Committee, which makes the final determination of whether to grant a waiver. The circumstances in which an economic hardship exists for a school district or charter school are identical to the circumstances in which an economic hardship exists under existing law for a school district or charter school to request a waiver from the required minimum expenditures for textbooks, instructional supplies, instructional software and instructional hardware. Section 7 sets forth the intent of the legislation in establishing a program certified by the the board of trustees of a school district or the governing body of a charter school whereby employees of school districts and charter schools who are members of the Public Employees' Retirement System and who take furlough leave due to extreme fiscal need be held harmless in the accumulation of retirement service credit and reported salary. Section 7 further sets forth provisions concerning the furlough leave as it relates to the Public Employees' Retirement System in a manner similar to the furlough program of state employees. http://www.leg.state.nv.us/Session/76th2011/Bills/AB/AB117_EN.pdf Title: A.B. 117 Source: http://www.leg.state.nv.us AL To governor 06/2011 P-12 Relates to the Public Education Employees' Health Insurance Plan (PEEHIP). Subjects employees or retirees who knowingly and willfully submit false or misleading information to the board or engage in fraudulent activity to disqualification from coverage in the plan. Provides that all employees retiring after December 31, 2011, with certain exceptions, be subject to a new sliding scale premium calculation based on years of service. Provides that all employees retiring after December 31, 2011, be subject to a sliding scale premium calculation based on the difference between the age of the employee at retirement and the Medicare entitlement age. Provides that for all employees retiring after December 31, 2011, the employer contribution for a Page non-Medicare retiree may not exceed the employer contribution for an active employee no later than October 1, 2016. Provides that assistance be given to low-income employees and retirees who fall within 300% of the federal poverty level. Provides further for percentages of federal poverty level with regard to assistance to low-income families. Provides that a two-thirds vote of the Public Education Employees' Health Insurance Board is no longer required to change the employee or retiree contribution to the health insurance premium or other out-of-pocket expenses. Title: S.B. 419 Source: TN Signed into law 06/2011 P-12 Changes the method of selection of trustees of TCRS representing teachers and retired teachers from election by the representative assemblies of the Tennessee Education Association and the Tennessee Retired Teachers Association respectively to appointment by the speakers of the senate and the house; authorizes professional education employees' organizations to recommend persons to the speaker of each chamber of the general assembly for appointment to teacher trustee positions for TCRS. http://state.tn.us/sos/acts/107/pub/pc0280.pdf Title: S.B. 102 Source: http://state.tn.us/ ME Signed into law 06/2011 P-12 Allows school administrative units to offer group self-insurance health and dental programs and to enter into cooperative agreements with other school administrative units or municipalities to provide such programs. Provides that school administrative units may arrange for and offer a choice of optional health or dental insurance plans to employees and their families that may vary in benefits provided and costs. http://www.mainelegislature.org/legis/bills/bills_125th/chapters/PUBLIC395.asp Title: H.P. 972 Source: http://www.mainelegislature.org MI Signed into law 06/2011 P-12 From Legislative Staff Summary: Eliminates middle college grants and funding that provides districts additional funds for educating students of limited English-speaking ability. Eliminates language protecting Intermediate School District operational funding from falling below certain levels paid in 1994-95. Revises the fall pupil membership count day from the last Wednesday in September to the first Wednesday in October. Requires districts to post the health care bid required under state law to their web sites. Provides a one-time incentive grant to districts that satisfy four out of five criteria before July 1, 2012: (1) Charging employees at least 10% of health care services costs; (2) Serving as the policyholder for health care service plans; (3) Continuing to implement consolidation plans to reduce school operating costs; (4) Obtaining competitive bids on non-instructional services; and (5) Providing to parents and community members a dashboard or report card demonstrating the district's efforts to manage its finances responsibly. http://www.legislature.mi.gov/documents/2011-2012/publicact/htm/2011-PA-0062.htm Title: H.B. 4325 - K-12 Provisions Source: http://www.legislature.mi.gov FL Signed into law 05/2011 P-12 Requires that a local governmental entity or the governing body of a charter school or charter technical career center make certain elections regarding benefits at the time the entity or governing body joins the Florida Retirement System. Requires employer and employee contributions to the retirement system. Modifies the early retirement benefit calculation for those members retiring on or after a certain date or before the normal retirement date to reflect the change in normal retirement age. http://laws.flrules.org/files/Ch_2011-068.pdf Title: S.B. 2100 Source: http://laws.flrules.org MO Signed into law 05/2011 P-12 Relates to school retirement system in Kansas City. Actuarial equivalent tables and formulas are to be set forth in a written document which may be changed from time to time if recommended by the retirement system's actuary and approved by the board of trustees. The assets of the retirement system are to be held in trust for the exclusive benefit of members and their beneficiaries and for defraying reasonable administrative expenses of the retirement system. No part of such assets are to be used for or diverted to any purposes other than for such exclusive benefit or for any purpose inconsistent with the requirements of this retirement plan. In the event of the complete termination of the retirement system or the complete discontinuance of contributions to the retirement system, the rights of all members to benefits accrued to the date of termination or discontinuance shall be fully vested and nonforfeitable. If a member leaves employment with an employer to perform miliary service and dies while in such service the member's survivors are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) that would have been provided had the member resumed employed and then terminated on account of death. The members period of qualified military services is to be counted as creditable service for purposes of vesting but not for purposes of determining the amount of the member's retirement allowance. Provisions are made for retiree performing substitute, part-time or temporary employment as long as they earn no more than fifty percent of the annual salary or wages last paid before retirement. If a person exceeds hour limit or such compensation limit, payment of the retirement allowance will be suspended for the month in which such limit was exceeded. Any member may elect to have their distribution transferred directly to another eligible retirement plan. http://www.house.mo.gov/billtracking/bills111/biltxt/truly/HB0229T.htm Title: H.B. 229 Source: http://www.house.mo.gov OK Signed into law 04/2011 P-12 Each month the State Department of Education is required to transfer the monies apportioned to the Teachers' Retirement System Dedicated Revenue Revolving Fund to the Teachers' Retirement System of Oklahoma to be used by the System, for the benefit of that system. The revolving fund is to be administered by the State Department of Education http://webserver1.lsb.state.ok.us/2011-12bills/HB/HB1007_ENR.RTF Title: H.B. 1007 Source: http://webserver1.lsb.state.ok.us IN Signed into law 04/2011 P-12 Establishes the Indiana public retirement system (system) to administer and manage: (1) the public employees' retirement fund (PERF); (2) the teachers' retirement fund (TRF); (3) the judges' retirement fund; (4) the prosecuting attorneys retirement fund; (5) the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement fund; (6) the 1977 police officers' and firefighters' pension and disability fund (1977 Fund); (7) the legislators' retirement system; (8) the pension relief fund; (9) the special death benefit fund; and (10) the state employees' death benefit fund. Creates a nine member board of trustees (board) for the system appointed by the governor as follows: (1) at least one member with experience in economics, finance, or investments; (2) at least one member with experience in executive management or benefits administration; (3) the director of the budget agency (or designee) serving as an ex officio voting member; (4) two members nominated by the speaker of the house of representatives: one an active or retired police officer or firefighter who is a member of the 1977 Fund and one TRF member; (5) two members nominated by the president pro tempore of the senate: one PERF member and one TRF member; (6) one member nominated by the auditor of state: the auditor of state or an individual with experience in professional financial accounting or actuarial science; and (7) one member nominated by the treasurer of state: the treasurer of state or an individual with experience in economics, finance, or investments. Requires that initial appointments to the board give a preference for those individuals who, on June 30, 2011, are serving as trustees of PERF and TRF, and provides that a PERF or TRF trustee appointed to the board serves until the trustee's term would have expired under prior law. Provides for a four year term for trustees. Provides that a trustee is strongly encouraged to complete annually at least 12 hours of trustee education. Provides that five trustees constitute a quorum and requires a majority vote of the trustees present in order for the board to adopt a resolution or take other action at a regular or special meeting. Requires the system's chief investment officer and the officer's staff to file annual financial disclosure statements with the inspector general. Provides that the board's powers and duties are the combined powers and duties of the PERF and TRF boards. Provides that each retirement fund continues as a separate fund managed by the board. Provides for a director of the system who is appointed by and serves at the pleasure of the board. Provides that employees of PERF and TRF remain members of those funds. Provides that new hires of the system become PERF members, unless the director expressly determines otherwise. Allows the board to establish contribution rate groups for PERF, and removes the requirement that each employer have a separate account within the retirement allowance account. http://www.in.gov/legislative/bills/2011/SE/SE0549.1.html. Title: S.B. 549 Source: http://www.in.gov NC Veto overridden: legislature has overridden governor's veto 04/2011 P-12 Transfers governance of the State Health Plan from the legislature to the State Treasurer, who would manage the plan with the help of an appointed committee (Governor Perdue supports this provision of the bill); Requires state workers and teachers to pay a monthly premium for insurance coverage. Governor's Veto Message: http://www.governor.state.nc.us/NewsItems/PressReleaseDetail.aspx?newsItemID=1803 Bill Text: http://www.ncga.state.nc.us/Sessions/2011/Bills/Senate/HTML/S265v6.html Title: S.B. 265 Source: http://www.ncga.state.nc.us; http://www.governor.state.nc.us UT Signed into law 03/2011 P-12 Identifies conditions under which a retiree's retirement allowance may not be cancelled if a retiree is reemployed by a participating employer within a year of the retiree's retirement date. Directs the state retirement office to cancel a retiree's retirement allowance for the remainder of the calendar year if the reemployment with a participating employer exceeds a specified dollar amount. Provides taht if a retiree is reemployed, the last day of reemployment is considered the retiree's retirement date for the purpose of calculating the separation requirement. http://le.utah.gov/~2011/bills/sbillenr/sb0127.pdf Title: S.B. 127 Source: le.utah.gov AR Signed into law 03/2011 P-12 Postsec. Establishes the right of an Arkansas Teacher Retirement System member to remain an active member when employed by an institution of higher education. http://www.arkleg.state.ar.us/assembly/2011/2011R/Bills/SB126.pdf Title: S.B. 126 Source: http://www.arkleg.state.ar.us/ ID Signed into law 03/2011 P-12 Bureau of Educational Services for the Deaf and the Blind - Amends existing law to provide that the Idaho Bureau of Educational Services for the Deaf and the Blind is an employer for Public Employee Retirement System purposes. http://www.legislature.idaho.gov/legislation/2011/H0105.pdf Title: H.B. 105 Source: http://www.legislature.idaho.gov CA Vetoed 09/2010 P-12 From bill summary: Provides that any change in salary, compensation or remuneration principally for the purpose of enhancing a member's benefits will not be included in the calculation of a member's final compensation for purposes of determining that member's defined benefit. Generally requires the board of each state and local public retirement system to establish, by regulation, accountability provisions that include an ongoing audit process to ensure that a change in a member's salary, compensation, or remuneration is not made principally for the purpose of enhancing a member's retirement benefits. Revises the definition of "creditable compensation" and limits the calculation of a member's final compensation to an amount not to exceed the average increase in compensation received within the final compensation period and the 2 preceding years by employees in the same or a related group as that member. Also provides that a person who retires on or after January 1, 2012, may not perform services for any employer covered by a state or local retirement system until that person has been separated from service for a period of at least 180 days. Bill text: http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_1401-1450/sb_1425_bill_20100902_enrolled.pdf Governor's veto message: http://dl5.activatedirect.com/fs/distribution:letterFile/yvcee9xanplikz_files/z65dz43ujjhran/0/0?&_c=d|yvcee9xanplikz|z65p1zm6c0d0km&_ce=1287006994.934004271c8aadf3717e37fa644da411 Title: S.B. 1425 Source: www.leginfo.ca.gov NC Signed into law 07/2010 P-12 Requires the state board of education to adopt rules and policies for the voluntary shared leave program to allow an employee at a public school to donate sick leave to a nonfamily member employee of a public school; Provides that a donor of sick leave to a nonfamily member recipient may not donate more than 5 days of sick leave per year to any one nonfamily member recipient; Provides that the combined total of sick leave donated to a recipient from nonfamily member donors shall not exceed 20 days per year; Prohibits donated sick leave from being used for retirement purposes, and employees who donate sick leave must be notified in writing of the state retirement credit consequences of donating sick leave. http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H213v6.pdf Title: H.B. 213 Source: http://www.ncga.state.nc.us HI Adopted 06/2010 P-12 Establishes the conditions under which state and county retirees may be reemployed while still receiving employees' retirement system benefits. Specifies that a retirant may be employed without reenrollment in the system and suffer no loss or interruption of benefits if the retirant is employed as a teacher or administrator in a teacher shortage area identified by the department of education or in a charter school or as a mentor for new classroom teachers, provided certain criteria are met. http://www.capitol.hawaii.gov/session2010/Bills/HB2533_CD1_.HTM Title: H.B. 2533 Source: www.capitol.hawaii.gov NY Signed into law 06/2010 P-12 From Assembly Web site: Establishes a temporary retirement incentive program for certain state employees and other public employees to assist in streamlining the workforce while also achieving cost savings. Applies to members of the New York State and Local Employees Retirement System; New York City Employees Retirement System; New York State Teachers Retirement System; New York City Teachers Retirement System; and New York City Board of Education Retirement System. http://assembly.state.ny.us/leg/?default_fld=%0D%0A&bn=a11144&Summary=Y&Actions=Y&Memo=Y&Text=Y Title: A.B. 11144 (Chapter 105) Source: assembly.state.ny.us GA Signed into law 05/2010 P-12 Adds provision that for purposes of the state teachers retirement system, the normal retirement age is whichever comes first: (1) 60 if the member has at least 10 years of creditable service or (2) the member's age when he/she attains 30 years of creditable service. Makes changes in other sections of code to reduce the normal retirement age from 62 to 60. Adds provision allowing a retired member who returns to service to choose between contributing to the system (upon which the member will accumulate additional creditable service and the member's retirement benefit will cease until such service ends), or not contributing to the system (in which case the member's retirement benefit will not cease, and no additional benefits will accrue). Clarifies that contributions to the retirement system are mandatory, and that no member may receive contributions in cash in lieu of having them contributed to the retirement system. Amends definition of "teacher" for purposes of the state teachers retirement system to exclude an individual classified as an independent contractor or leased employee. http://www.legis.state.ga.us/legis/2009_10/pdf/hb969.pdf Title: H.B. 969 Source: www.legis.state.ga.us CT Signed into law 05/2010 P-12 Allows retired teachers to be rehired for up to one year in a shortage area or priority school district for up to 45% of the current maximum salary. http://www.cga.ct.gov/2010/ACT/PA/2010PA-00111-R00SB-00438-PA.htm Title: S.B. 438 - Sec. 8 Source: http://www.cga.ct.gov NY Signed into law 04/2010 P-12 Partially from fiscal note: Defines "participating employer" as either an educational employer, the state-operated institutions of the state university of New York, or a community college operating under a program of the state university of New York that participates in either the New York state and local employees' retirement system or the New York state teachers' retirement system, and who employs members who hold positions represented by the recognized collective bargaining units affiliated with the New York state united teachers employee organization. Provides a temporary retirement incentive during fiscal year 2010-11. Permits eligible members to retire without early retirement reductions upon attainment of at least age 55 with 25 years of service. (Currently 30 years of service are required in order to retire without reduction.) To receive this benefit, a member must retire during the designated 90-day open period, beginning on June 1, 2010 for educational employees. To be eligible, a member must be an employee of a participating employer (and hold a position represented by one of the recognized collective bargaining units affiliated with the New York State United Teachers (NYSUT) as certified by his/her employer). The fiscal note estimates the annual cost to the employers of members of the New York State Teachers' Retirement System for this benefit to be $13.2 million or .09% of payroll. The source of this estimate is Fiscal Note 2010-11 dated February 24, 2010 prepared by the Actuary of the New York State Teachers' Retirement System and is intended for use only during the 2010 Legislative Session. http://assembly.state.ny.us/leg/?default_fld=&bn=S06972&Summary=Y&Text=Y Title: S.B. 6972 (Chapter 45) Source: assembly.state.ny.us VT Signed into law 04/2010 P-12 Makes changes to the state teachers' retirement system; adjusts the duration of service needed before a teacher qualifies for a normal retirement allowance; increases the employees' share of the costs of the system; increases the percentage of "average final compensation" teachers may be paid in retirement. http://www.leg.state.vt.us/docs/2010/bills/Passed/H-764.pdf Title: H.B. 764 Source: http://www.leg.state.vt.us WV Signed into law 04/2010 P-12 Extends the amount of time that certain participants who transferred from the Teachers Defined Contribution System to the Teachers' Retirement System may purchase the full amount of credit they held in the defined contribution system; Provides that eligible members are those who completed a written verification of cost for such purchase but failed to complete the purchase by the original deadline, and those members who attempted to complete the purchase of service by the original deadline but were denied in writing by the state board of education on or before December 31, 2009. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB553%20enr.htm&yr=2010&sesstype=RS&i=553 Title: S.B. 553 Source: http://www.legis.state.wv.us CA Signed into law 10/2009 P-12 Requires, for members of the State Teachers' Retirement System, that the calculations of a retirement allowance for a state employee subject to mandatory furloughs include earnings, contributions and compensation earnable that would have been reported had the employee not been subject to mandatory furloughs, and requires that the employer pay the cost of the increased service credit that results from these inclusions. Also requires that, for all retirement purposes, credit for service and compensation earnable for members of the Public Employees' Retirement System employed by the state who are subject to mandatory furloughs be based on the amount that would have been credited had the employee not been subject to mandatory furloughs. Defines mandatory furloughs in these regards. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0351-0400/ab_399_bill_20091011_chaptered.pdf Title: A.B. 399 Source: www.leginfo.ca.gov IL Signed into law 08/2009 P-12 Provides that if an employee was in the service of more than one school district, then the sick leave days from all such employers must be credited for purposes of calculating the employee's retirement annuity. Provides that in calculating the creditable service, the sick leave days from the last employer must be considered first, then the remaining sick leave days must be considered until there are no more days or the threshold has been reached. http://www.ilga.gov/legislation/96/HB/PDF/09600HB3672lv.pdf Title: H.B. 3672 Source: Lexis-Nexis/StateNet OH Adopted 07/2009 P-12 Provides a one-time chance for a member's spouse's enrollment in the School Employees' Retirement System's health care coverage to individuals whose coverage was involuntary terminated under another group plan, medicare advantage plan, or medicare part D only plan. http://www.registerofohio.state.oh.us/pdfs/3309/0/1/3309-1-35_FF_A_RU_20090730_1320.pdf Title: OAC 3309-1-35 Source: www.registerofohio.state.oh.us FL Signed into law 06/2009 P-12 Postsec. Community College Relates to retirement; redefines certain terms termination; relates to reemployment of retirees; clarifyies when a State Community College System Optional Retirement Program participant is considered a retiree; providing for receipt of credit for past or prior service by charter school and charter technical career center employees; authorizing developmental research schools and charter schools to reemploy certain retired members under specified conditions; deletes provision that prevented persons retired from the public school system from renewing membership in the Florida Retirement System or Teachers' Retirement System upon reemployment by the school system. http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0479er.xml&DocumentType=Bill&BillNumber=0479&Session=2009 Title: H.B. 479 Source: http://www.myfloridahouse.gov MT Became law without governor's signature 05/2009 P-12 Postsec. Requires the state administration and veterans' affairs interim committee to examine and recommend funding and benefit changes in the statewide public employees' and teachers' retirement systems (determine the actuarial soundness of the systems). http://data.opi.mt.gov/bills/2009/billpdf/HB0659.pdf Title: H.B. 659 Source: http://data.opi.mt.gov/bills/2009 GA Signed into law 04/2009 P-12 Provides that members joining the Employees' Retirement System on or after July 1, 2009 are not eligible to receive any post-retirement benefit adjustment. http://www.legis.state.ga.us/legis/2009_10/pdf/hb452.pdf Title: H.B. 452 Source: www.legis.state.ga.us MS Signed into law 04/2009 P-12 Authorizes school districts to negotiate salary levels with teachers who are receiving payments from the retirement system of another state; directs school districts to make an annual report on the number of employees who also received Mississippi retirement payments under and the amount of salary paid to such employees. http://billstatus.ls.state.ms.us/documents/2009/pdf/SB/2001-2099/SB2050SG.pdf Title: S.B. 2050 Source: http://billstatus.ls.state.ms.us UT Signed into law 03/2009 P-12 Allows a charter school that made an election of nonparticipation in the state retirement systems for its employees to make a one-time, irrevocable retraction of the election of nonparticipation. http://le.utah.gov/~2009/bills/hbillenr/hb0096.pdf Title: H.B. 96 Source: Lexis-Nexis/StateNet MT Signed into law 03/2009 P-12 From the fiscal note: Under certain restrictions, Teachers Retirement System (TRS) retirees with 30 or more years of service will be eligible to be employed on a full-time basis by a school district without the loss or interruption of TRS retirement benefits. http://data.opi.mt.gov/bills/2009/billpdf/HB0363.pdf Fiscal note: http://data.opi.mt.gov/bills/2009/FNPDF/HB0363.pdf Title: H.B. 363 Source: http://data.opi.mt.gov/bills AR Signed into law 03/2009 P-12 Allows the teacher retirement system to correct calculation errors that cause manifest injustice to Arkansas teacher retirement system members. http://www.arkleg.state.ar.us/assembly/2009/R/Bills/sB155.pdf Title: S.B. 155 Source: http://www.arkleg.state.ar.us AR Signed into law 03/2009 P-12 Allows the teacher retirement system to recoup benefits, including interest, paid to a member who does not meet the eligibility requirements under the teacher deferred retirement option plan; allows for the collection of interest. http://www.arkleg.state.ar.us/assembly/2009/R/Bills/SB227.pdf Title: S.B. 227 Source: http://www.arkleg.state.ar.us KS Signed into law 03/2009 P-12 Concerns retirement and pensions; relates to the state public employees retirement system; death and disability benefits; employer contributions. Chapter 2009-4 http://www.kslegislature.org/bills/2010/219.pdf Title: S.B. 219 Source: http://www.kslegislature.org NY Vetoed 09/2008 P-12 Allows certain eligible members of the New York State Teachers' Retirement System employed by the state education department to receive service credit for up to two hundred days of unused accumulated sick leave. http://assembly.state.ny.us/leg/?bn=S08142&sh=t Title: S.B. 8142 Source: Lexis-Nexis/StateNet IL Signed into law 08/2008 P-12 Relates to provisions allowing retired teachers to return to teaching in subject shortage areas without impairing retirement status or retirement annuity. Includes language exempting the changes from provisions concerning new benefit increases. Extends date by which such employment must end from June 2008 to June 2013. http://www.ilga.gov/legislation/95/HB/PDF/09500HB4536lv.pdf Title: H.B. 4536 Source: www.ilga.gov/legislation IL Signed into law 08/2008 P-12 Amends the Downstate Teacher Article of the Illinois Pension Code. Allows a teacher receiving a disability, occupational disability, or disability retirement benefit to engage in limited or part-time employment as a teacher for an employer under either the Downstate Teacher Article or the State Universities Article of the Code without loss of benefits if, when added to the benefit, the total compensation does not exceed 100% of the salary rate upon which the benefit is based. http://www.ilga.gov/legislation/95/HB/PDF/09500HB5699lv.pdf Title: H.B. 5699 Source: Lexis-Nexis/StateNet NC Signed into law 08/2008 P-12 Rewrites provisions pertaining to health and long- term care benefits for teachers, state employees, retired state employees and dependents; relates to noncontributory premiums, the Health Plan Administrative Commission, eligibility, foster children dependent coverage, extension of dependent child coverage, plan enrollment, immunization and prescription drug charges, reconstructive breast surgery, clinical trials, Medicare Advantage, over the counter drug coverage and health incentive programs. http://www.ncga.state.nc.us/Sessions/2007/Bills/House/PDF/H2443v0.pdf Title: H.B. 2443 Source: Lexis-Nexis/StateNet SC Rejected by voters 08/2008 P-12 (CONSTITUTIONAL AMENDMENT QUESTION 2; S 463 - 2008) On November 2008 ballot. Proposes an amendment to the Constitution to provide that the funds of any trust fund established by law for funding of post employment benefits for state employees and public school teachers may be invested and reinvested in equity securities subject to the same limitations on such investments applicable for the funds of the various state operated retirement systems. Title: V. 2 Source: Lexis-Nexis/StateNet KY Signed into law 06/2008 P-12 Establishes new retirement requirements and benefit multipliers for Kentucky Employees' Retirement System retirement plans. Requires the establishment of a formal education program for members of the board of trustees of the Teachers' Retirement System of the State of Kentucky. In order to improve public transparency regarding the administration of the system, directs the board of trustees to adopt a best practices model by posting specified information to the retirement system's Web site. Provides term limits for retirement system board of trustees members. Sets sick leave maximum for retirement purposes for school employees and teachers. Provides that a retired member who returns to to full-time employment in a position covered by the Kentucky Teachers' Retirement System must receive no annuity payments, waive his/her medical insurance coverage with the Kentucky Teachers' Retirement System during the period of reemployment, and receive the medical insurance coverage offered by the member's active employer to the other members of the retirement system employed by the active employer. Provides such a member may make contributions to his/her retirement annuity. http://www.lrc.ky.gov/record/08SS/HB1/bill.doc Title: H.B. 1A Source: www.lrc.ky.gov NJ Signed into law 06/2008 P-12 Revises various provisions of law relating to the Public Employees' Retirement System and the Teachers' Pension Annuity Fund; relates to retirement age, eligibility, and purchase of service credit; makes various changes to State Health Benefits Program administration; merges Washington and Lincoln holidays for State employees in Presidents Day. http://www.njleg.state.nj.us/2008/Bills/S2000/1962_I1.PDF Title: S.B. 1962 Source: http://www.njleg.state.nj.us LA Signed into law 06/2008 P-12 Relates to members of the School Employees' Retirement System; repeals the prohibition against being a member of two retirement systems. http://www.legis.state.la.us/billdata/streamdocument.asp?did=495929 Title: H.B. 520 Source: www.legis.state.la.us HI Signed into law 06/2008 P-12 Revises provisions allowing for the rehiring of retired teachers and administrators and extends the termination date of such provisions. http://www.capitol.hawaii.gov/session2008/Bills/HB2710_SD2_.htm Title: H.B. 2710 Source: www.capitol.hawaii.gov SC Passed 05/2008 P-12 (Joint Resolution) Proposes an amendment to the constitution relating to benefits and funding of public employee pension plans and investments allowed for funds of the various state-operated retirement systems; provides that the funding for post-employment benefits for state employees and public school teachers may be invested and reinvested in equity securities subject to the same limitations as funds of the various state-operated retirement systems. http://www.scstatehouse.net/sess117_2007-2008/prever/463_20080403.htm Title: S.B. 463 Source: http://www.scstatehouse.net OK Signed into law 05/2008 P-12 Allows a retired classified or nonclassified member who has been retired for at least 36 months and who is employed by a public school to perform duties ordinarily performed by classified or nonclassified personnel shall be able to receive annualized earnings from the public school with no reduction in retirement benefits regardless of the amount of annualized earnings. http://webserver1.lsb.state.ok.us/2007-08bills/HB/HB2074_ENGR.RTF Title: H.B. 2074 Source: http://webserver1.lsb.state.ok.us MN Signed into law 05/2008 P-12 Modifies provisions relating to Teacher Retirement Benefits. https://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H3082.5.html&session=ls85 Title: H.B. 3082 Source: https://www.revisor.leg.state.mn.us/ GA Signed into law 05/2008 P-12 Relates to retirement benefits under the Teachers Retirement System of the State; provides that a retired teacher who has been retired for a minimum amount of time may return to full-time employment and continue to collect his or her full retirement benefit; provides a public school system may employ a retired teacher as a full time teacher, principal, superintendent, media specialist of counselor. Provides a retired principal or superintendent may be not be re-employed at the same school or district, respectively. http://www.legis.state.ga.us/legis/2007_08/pdf/sb327.pdf Title: S.B. 327 Source: Lexis-Nexis/StateNet AK Signed into law 04/2008 P-12 Relates to the accounting and payment of contributions under the defined benefit plan of the Public Employees' Retirement System, to calculations of contributions under that defined benefit plan, and to participation in, and termination of and amendments to participation in, that defined benefit plan; makes conforming amendments; provides for elected officials. Chapter No. 13. http://www.legis.state.ak.us/basis/get_bill_text.asp?hsid=SB0125Z&session=25 Title: S.B. 125 Source: http://w3.legis.state.ak.us WV Signed into law 04/2008 P-12 Provides opportunities for members of the State Teachers' Defined Contribution Retirement System to affirmatively elect to transfer their assets to the State Teacher's Retirement System. Title: H.B. 101A Source: http://www.legis.state.wv.us/ WA Signed into law 03/2008 P-12 Educational employees that are members of the teachers' retirement system (TRS) and the school employees' retirement system (SERS) that work 630 hours or more in five months of a school year are entitled to six months of service credit. http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/3019.SL.pdf Title: H.B. 3019 Source: http://www.leg.wa.gov/legislature WA Signed into law 03/2008 P-12 Teachers receiving bonuses for earning National Board for Professional Teaching Standards certification may make retirement system contributions from the bonus payments and may earn a higher retirement allowance as a result of the salary increase. http://apps.leg.wa.gov/documents/billdocs/2007-08/Pdf/Bills/Session%20Law%202008/6657.SL.pdf Title: S.B. 6657 Source: http://www.leg.wa.gov/legislature WA Signed into law 03/2008 P-12 For teacher's wishing a one-time purchase of up to seven years of service credit for public education experience outside of the state retirement system, reduces the minimum number of years of creditable service in the teacher's retirement system from five years to two years Title: H.B. 3024 Source: http://www.leg.wa.gov/legislature NY Signed into law 02/2008 P-12 Establishes the optional retirement programs to permit members of the New York city teachers' retirement system and certain members of the board of education retirement system of the city of New York to retire as early as age 55 (standard minimum retirement age is 62) without a reduction in their retirement allowance based upon such earlier retirement. http://assembly.state.ny.us/leg/?bn=A09820&sh=t Title: A.B. 9820 Source: assembly.state.ny.us IN Signed into law 02/2008 P-12 Reduces the waiting period after which a retired member of the state Teachers Retirement Fund may be reemployed in a covered position and continue to receive a retirement benefit; provides that a TRF member may change the member's beneficiary designation if the member and the member's designated beneficiary are parties in any action, final order or property settlement in an action for dissolution of marriage. http://www.in.gov/legislative/bills/2008/SE/SE0210.1.html Title: S.B. 210 Source: http://www.in.gov LA Approved by voters 10/2007 P-12 (Ballot No. 3: LAS127 2007) Proposes a constitutional amendment to provide that no benefit provision for members of any state retirement system having an actuarial cost shall be approved by the legislature unless a funding source providing new or additional funds sufficient to pay all such actuarial cost within ten years of the effective date of the benefit provision is identified in such enactment. Title: Ballot No. 3 Source: Lexis-Nexis/StateNet LA Approved by voters 10/2007 P-12 Proposes a constitutional amendment to provide that no benefit provision for members of any state retirement system having an actuarial cost shall be approved by the legislature unless a funding source providing new or additional funds sufficient to pay all such actuarial cost within ten years of the effective date of the benefit provision is identified in such enactment. Title: Ballot No. 3 Source: Lexis-Nexis/StateNet CA Signed into law 10/2007 P-12 Extends the operation of both the State Teachers' Retirement Law and the Defined Benefit Program. Extends provisions related to an exemption based on the employer not being able to receive state apportionment or to compensation that is not creditable indefinitely. Exempts from the earnings limitation, compensation received by a retired member providing direct remedial instruction. Requires a school district to submit qualifying documentation for temporary employment of a retired member. Chapter 353 http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0851-0900/sb_855_bill_20071008_chaptered.pdf Title: S.B. 901 Source: http://info.sen.ca.gov NC Signed into law 07/2007 P-12 Modifies the provision that permits retired teachers to return to the classroom without a loss of retirement benefits. Specifies that computation of post-retirement earnings of a beneficiary shall not include earnings while the beneficiary is employed to teach in a permanent full-time or part-time capacity that exceeds 50% of the applicable workweek in a public school. http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H956v7.html Title: H.B. 956 Source: http://www.ncga.state.nc.us NC Signed into law 07/2007 P-12 Allows an existing charter school to participate in the teachers' and state employees' retirement system and the state teachers' and state employees' comprehensive major medical plan. http://www.ncga.state.nc.us/Sessions/2007/Bills/House/HTML/H1471v0.html Title: H.B. 1471 Source: http://www.ncga.state.nc.us OR Signed into law 07/2007 P-12 Allows a community college district or school district to hire a retired public employee as a teacher or administrator if the primary work duties of the public employee are performed in a county of not more than 35,000 inhabitants; allows a school district or education service district to hire a retired public employee to provide services as a speech-language pathologist or speech-language pathologist assistant. http://www.leg.state.or.us/07reg/measpdf/hb2500.dir/hb2585.en.pdf Title: H.B. 2585 Source: http://www.leg.state.or.us LA Signed into law 07/2007 P-12 Relates to reemployment of state retirees; provides reemployment privileges to any member of this system who retired pursuant to an early retirement provision, whose last eligible employment was with the state or an agency in a parish designated under the Disaster Relief and Emergency Assistance Act as eligible for individual assistance or individual and public assistance following hurricane Katrina or Rita and whose reemployment date occurs before a specified time. http://www.legis.state.la.us/billdata/streamdocument.asp?did=449739 Title: S.B. 96 Source: Lexis-Nexis/StateNet TX Signed into law 06/2007 P-12 Adds the relevant parts of amounts received for awards for student achievement, educator excellence, and mentoring programs and all salary amounts designated as health care supplementation to the definition of "salary and wages" required to be reported and deducted for member contributions to the Teacher Retirement System (TRS) and to credit in benefit computations. http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB01877F.pdf Title: S.B. 1877 Source: http://www.capitol.state.tx.usteNet TX Signed into law 06/2007 P-12 Provides for a centralized structure for making both funding and benefits decisions, and prohibits the state's contribution rate from dropping below the contribution rate of active members. http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB01846F.pdf Title: S.B. 1846 Source: http://www.capitol.state.tx.us TX Signed into law 05/2007 P-12 Authorizes the Teacher Retirement System (TRS) board of trustees to buy and sell certain investments and other instruments commonly used by pension funds only to efficiently manage and reduce the risk of the overall investment portfolio. This bill allows delegation of investment authority to and contracting with private professional investment managers of not more than 30% of the fund. Use of external managers will allow TRS to invest in certain markets for which TRS is not able to efficiently invest in currently due to either staff limitations or the inability to obtain internal expertise in these areas. http://www.capitol.state.tx.us/tlodocs/80R/billtext/pdf/SB01447F.pdf Title: S.B. 1447 Source: http://www.capitol.state.tx.us WA Signed into law 05/2007 P-12 From the final bill report: The State Actuary will submit preliminary contribution rates before the Pension Funding Council (PFC) based on current mandates, and following the actions of the PFC, prepare final actuarial valuation results and contribution rates. The final valuation and contribution rates will also be audited by the PFC. The PFC must study the experience and long-term economic assumptions of the retirement systems during the fall of odd-numbered years, rather than during the summer every four years. The State Actuary must submit information and make recommendations regarding the condition of each retirement system by September 1 of odd-numbered years, beginning in 2007. The PFC may adopt changes to the long-term economic assumptions by October 1, 2007, and by October 1 of each odd-numbered year thereafter. http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Session%20Law%202007/5014.SL.pdf Title: S.B. 5014 Source: http://www.leg.wa.gov MD Signed into law 05/2007 P-12 Increases the minimum number of specified retirees of the Teachers' Retirement System or Teachers' Pension System that school districts may rehire; alters the criteria for hiring specified retirees of the Teachers' Retirement System or the Teachers' Pension System who are exempt from an earnings offset of a retirement allowance. Title: H.B. 962 Source: Maryland Legislature MT Passed 04/2007 P-12 Postsec. Community College Requests that the legislative council designate an appropriate interim committee or assign sufficient staff resources to study public employee retirements systems and produce a legislator's guide on the state's public employee retirement plans that includes comparisons of plan designs and funding options. http://data.opi.mt.gov/bills/2007/billhtml/HJ0059.htm Title: H.J.R. 59 Source: http://data.opi.mt.gov ND Signed into law 04/2007 P-12 Requires employer contributions on re-employed retirees; and beginning 7/1/08 increases employer contributions by .50% and reduces benefits for new hires. Estimated fiscal impact is $2.8 million for 2007-09, and $5 million for 2009-11 biennium. http://www.legis.nd.gov/assembly/60-2007/bill-text/HADC0600.pdf Title: S.B. 2046 Source: http://www.legis.nd.gov WA Signed into law 04/2007 P-12 From Senate Report: In the Teachers' Retirement System, a retired teacher or administrator who satisfies a break in service of at least one month may be employed for up to 867 hours per school year (approximately five months of full-time employment) without any reduction in retirement benefits. A retiree may be employed up to 1,500 hours per school year (approximately nine months of full-time employment) without any reduction in retirement benefits if: (1) the retiree satisfies a 1.5 month break in service before re-employment; and (2) the employer establishes a written policy, a documented need for the rehire, and a formal hiring process. In addition, a cumulative lifetime limit of 1,900 hours (approximately three years of full-time employment) is established for those retirees exceeding 867 hours per school year. This cumulative limit is calculated prospectively, not retroactively, beginning July 1, 2007. Prior written or oral agreements between an employer and employee to resume employment with the same employer are prohibited. http://www.leg.wa.gov/pub/billinfo/2007-08/Pdf/Bills/Session%20Law%202007/1262-S.SL.pdf Title: H.B. 1262 Source: http://www.leg.wa.gov WV Signed into law 03/2007 P-12 Requires employers to provide information for contributions to the State Teachers Retirement System. http://www.legis.state.wv.us/bill_status/Bills_history.cfm?input=134&year=2007&sessiontype=RS&btype=bill Title: S.B. 134 Source: http://www.legis.state.wv.us/ VA Signed into law 03/2007 P-12 Postsec. Community College Changes participation in the deferred compensation plan for new or rehired state employees, including those of any state agency, county, municipality, authority, or other political subdivision, hired on or after January 1, 2008 to an opt-out plan rather than an opt-in plan. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+CHAP0253 Title: H.B. 1830 Source: http://leg1.state.va.us/lis.htm WV Signed into law 03/2007 P-12 Postsec. Until a professional educator qualifies for a permanent certificate, requires the educator who has a certificate based on a bachelor's degree to complete the following within five years from the date the certificate first became valid: (1) File an application on a prescribed form with the State Department of Education; (2) Present an official transcript of six semester hours of approved credit as may be prescribed by the state board; (3) Successfully complete a beginning teacher internship program, if applicable; and (4) Submit a recommendation based on successful teaching experience from the county superintendent of schools of the county in which the holder last taught or resides. Allows the holder of a professional certificate that has been valid for five years to have the certificate made permanent upon meeting any of the following requirements: (1) Completion of the second certificate renewal as outlined above required for educators within their first five years of being granted an initial certificate; (2) After five years of service in the public schools, presentation of a transcript showing the completion of requirements for a master's degree from an institution of higher education accredited to offer the master's degree and in a program relevant to the public school program or completion of a fifth year of training leading to a bachelor's degree in library science from a school fully approved by the American Library Association; or (3) Certification through the National Board for Professional Teaching Standards. Allows a person who has reached the age of sixty and holds a renewable certificate, as provided in this section, to not present renewal credit but meet all other renewal requirements. Allows up to 25 professional educators that are members of either the teachers retirement system or the defined contribution system to be designated as 21st Century Learner Fellows, which entails being employed by a state institution of higher education or a research corporation for a specific project, without forfeiting their membership in either system; requires the state Superintendent of Education to give preference to a person who is certified by the National Board for Professional Teaching Standards and demonstrates leadership within his or her content field in designating fellows; allows participation in public employee insurance programs by fellows during their fellowships; limits the responsibility of a state institution of higher education or a research corporation for a fellow's annual and sick leave earned from prior employment. http://www.legis.state.wv.us/Bill_Text_HTML/2007_SESSIONS/RS/BILLS/HB2585%20enr.htm Title: H.B. 2585 Source: http://www.legis.state.wv.us/ VA Passed 02/2007 P-12 This joint resolution of the legislature establishes a joint subcommittee to study the feasibility of a state-wide health insurance experience pool for educators and local government employees, including state and local early retirees not eligible for Medicare. The joint subcommittee must submit its findings and recommendations to the 2008 Session of the General Assembly.  This resolution incorporates SJR 308. http://leg1.state.va.us/cgi-bin/legp504.exe?071+ful+SJ372ER Title: S.J. 372 Source: http://legis.state.va.us/ HI Signed into law 07/2006 P-12 Allows the department of education to employ retired teachers full time to teach in teacher shortage areas and serve as mentors for new classroom teachers. Allows the department to employ retired administrators to teach or administer in teacher shortage areas and to serve as mentors for new classroom teachers. Provides that a retired teacher or administrator who is rehired under this section shall not earn retirement service credit, contribute to the retirement system, or gain additional retirement system benefits as a result of the re- employment. Requires the person to have been retired for at least one year prior to re-employment. Provides repeal date of June 30, 2011. http://www.capitol.hawaii.gov/sessioncurrent/bills/HB1862_CD1_.pdf Title: H.B. 1862 Source: www.capitol.hawaii.gov LA Signed into law 06/2006 P-12 Provides for interruptions in Deferred Retirement Option Plan (DROP) entry and DROP participation periods occasioned by Hurricanes Katrina and Rita; provides certain terminated members to adjust the period applicable to their participation in the plan; provides for participation upon reemployment. http://www.legis.state.la.us/billdata/streamdocument.asp?did=406102 Title: H.B. 178 Source: Lexis-Nexis/StateNet LA Signed into law 06/2006 P-12 Provides relative to the Teachers' Retirement System with respect to payment of benefits not due to a member; provides further that the right to collect such overpayment due to administrative error by the system shall apply only to amounts paid during the 36-month period immediately preceding the date notice of such error is sent to the member, except in the case of fraud. http://www.legis.state.la.us/billdata/streamdocument.asp?did=404817 Title: H.B. 1362 Source: Lexis-Nexis/StateNet LA Adopted 05/2006 P-12 Allows distributions from public pension plan qualified underprovisions of Internal Revenue Code, Section 401(a). Made for retirees residing in Hurricanes Katrina, Rita, and Wilma disaster areas. Page 74-75 of 75: http://www.doa.louisiana.gov/osr/reg/0605/0605rul.pdf Title: LAC 58:III.510 Source: Lexis-Nexis/StateNet VT Signed into law 03/2006 P-12 Allows retired teachers who are then reemployed to obtain credit for prior service. A teacher who has ceased being a member upon reemployment is entitled to prior service credit upon depositing in the annuity savings fund the contributions which would have been deducted from the teacher's compensation had he or she remained a member.  The teacher, in order to qualify for the prior service credit, shall also deposit in the pension accumulation fund a sum equal to the contributions which would have been contributed by the state had the teacher remained a member. http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2006/acts/ACT104.HTM Title: S.B. 111 Source: http://www.leg.state.vt.us VA Signed into law 03/2006 P-12 Allows persons who retired as other than a teacher to teach in a critical shortage position while continuing to receive a retirement allowance, provided the person becomes licensed by the Board of Education to serve as a local school board instructional or administrative employees. http://leg1.state.va.us/cgi-bin/legp504.exe?061+ful+CHAP0513 Title: S.B. 99 Source: http://leg1.state.va.us WA Signed into law 03/2006 P-12 From the fiscal note: Currently members of TRS may use out-of-state service credit solely for the purpose of determining the time at which the member may retire. The service credit is not purchased and it is not membership service. The member's monthly benefit is actuarially reduced to recognize the difference between the age the member would have first been able to retire based on service in the State of Washington and the member's retirement age using the out-of-state service credit. This bill impacts the Teachers' Retirement System (TRS) by allowing members of Plans 2 and 3 to make a one-time purchase of up to seven years of service credit for public education experience (state and federal) outside the Washington State Retirement System. The public education experience claimed must have been covered by a governmental retirement or pension plan, and the member must not be receiving a benefit or eligible to receive an unreduced retirement benefit that includes the service to be purchased. All or part of the cost of purchasing this out-of-state service credit may be paid by a rollover or transfer from an eligible retirement plan, and the employer may pay all or a portion of the member's cost. The service credit purchased is membership service and may be used to qualify the member for retirement. http://www.leg.wa.gov/pub/billinfo/2005-06/Pdf/Bills/Session%20Law%202006/2680-S.SL.pdf Title: H.B. 2680 Source: http://www.leg.wa.gov LA Signed into law 02/2006 P-12 Allows the suspension and resumption of Deferred Retirement Option Plan (DROP) participation for public school system employees terminated due to a reduction-in-force necessitated by Hurricane Katrina or Rita. http://www.legis.state.la.us/billdata/streamdocument.asp?did=363761 Title: S.B. 48A Source: Lexis-Nexis/StateNet LA Adopted 01/2006 P-12 Postsec. Provides purchase of service credit for involuntary furlough or leave without pay due to a gubernatorially declared disaster or emergency. Title: LAC 58:III.401 Source: Lexis-Nexis/StateNet LA Signed into law 12/2005 P-12 Allows certain Hurricane Rita victims to take in-service distributions from their Deferred Retirement Option Plan (DROP) accounts; provides relative to such monies for income tax credit purposes. http://www.legis.state.la.us/billdata/streamdocument.asp?did=329912 Title: H.B. 120A Source: www.legis.state.la.us LA Signed into law 12/2005 P-12 Allows a member of any state or statewide public retirement system on involuntary furlough or leave without pay due to a gubernatorially declared disaster or emergency to purchase credit for the period of the furlough or such leave by paying the required employer and employee contributions to the system, subject to certain limitations. http://www.legis.state.la.us/billdata/streamdocument.asp?did=329896 Title: H.B. 18A Source: Lexis-Nexis/StateNet, www.legis.state.la.us CT Signed into law 06/2005 P-12 To require the timely transmission to the Teachers' Retirement Board of the reports and information necessary for the proper administration of the teachers' retirement system. When such reports are not submitted or are incomplete, the board is unable to calculate such things as salary, contributions, service credit and equivalency data, or is unable to make such calculations accurately. http://www.cga.ct.gov/2005/act/Pa/2005PA-00153-R00SB-01318-PA.htm Title: S.B. 1318 Source: StateNet AK Signed into law 06/2005 P-12 The reemployment of certain retired members of the teachers' and public employees' retirement systems provide a valuable tool for school districts and public employers to manage workforce shortages, especially in teaching positions and job classes that require specialized knowledge and skills. The legislature also finds that school districts and public employers must plan to meet their future workforce needs without reliance on retired workers. In extending the termination date of the reemployment provisions, it is the intent of the legislature to allow school districts and public employers to continue to use this management tool, while developing plans that address the knowledge, skills, and abilities that need to be transferred or developed to assure the work can be accomplished when the reemployment provisions terminate. It is the intent of the legislature that all participation in the retiree reemployment provisions by employers and reemployed retirees will end on July 1, 2009, unless that date is extended by law. The legislature also finds that there have been unintended consequences resulting from iplementation of the retiree reemployment provisions, including an increase in the unfunded liability of the retirement systems and the failure to realize savings in the health expenses of the retirement systems as a result of the practice of some employers of withdrawing health and medical coverage for reemployed retirees. It is the intent of the legislature that employers that benefit from the provisions of the retiree reemployment provisions pay any increase in unfunded liability that results to the retirement systems and that employers provide reemployed retirees with the same health and medical benefits provided to other active employees. A teacher hired to work as a full-time teacher who makes the election to continue to receive benefit payments may not receive retirement medical benefits during reemployment but, instead, is to be covered under the medical coverage provided by the employer to active teachers. A teacher hired to work as a less than full-time teacher who makes the election to continue to receive benefit payments may continue to receive retirement medical benefits. http://www.legis.state.ak.us/PDF/24/Bills/HB0161Z.PDF Title: H.B. 161 Source: http://www.legis.state.ak.us AZ Signed into law 04/2005 P-12 Relates to the State Retirement System. Authorizes use of public monies in the purchase of any annuity or deferred compensation payments for: 1.      the recruitment and retention of selected employees; 2.      as a benefit to encourage selected teachers to teach in an underperforming school; 3.      for the reduction of the unfunded liabilities of unused leave pay accruals with in-service non-elective employer contributions; 4.      for the replacement of unused leave pay or other types of severance pay at time of severance of employment; 5.      to buy out the individually negotiated contracts of key employees; and 6.      to provide incentives for the early retirement of selected employees. http://www.azleg.state.az.us/DocumentsForBill.asp?Bill_Number=2472 Title: H.B. 2472 Source: www.azleg.state.az.us WA Signed into law 04/2005 P-12 Permits members of the teachers' retirement system plan 2 and plan 3 who qualify for early retirement or alternate early retirement to make a one time purchase of additional service credit. Title: H.B. 1327 Source: StateNet CO Signed into law 03/2005 P-12 Concerns the ability to attach public pension benefits if the pension participant engages in misconduct in connection with public property; relates to restitution for theft, embezzlement or wrongful conversion of public property. http://www.leg.state.co.us/Clics2005a/csl.nsf/fsbillcont3/6A6F025D25B5376887256F3A004D6C87?Open&file=093_enr.pdf Title: S.B. 93 Source: StateNet VA Signed into law 03/2005 P-12 Extends from July 1, 2005 to July 1, 2010, the sunset date for provisions allowing retirees to be hired as teachers or administrative personnel without interruption of their retirement benefits. http://leg1.state.va.us/cgi-bin/legp504.exe?051+ful+CHAP0605 Title: H.B. 1787 Source: http://leg1.state.va.us NY Vetoed 09/2004 P-12 Prohibits the diminution of health insurance benefits of public employee retirees and their dependents or reducing the employer's contributions for such insurance from May 1, 2003 until May 15, 2004; defines employers to include the state, municipalities, school districts, vocational education, entities operating a college or university and public authorities and commissions. Title: A.B. 4962 Source: StateNet LA Signed into law 07/2004 P-12 Requires persons who have or who are seeking to obtain a contractual or other relationship with a state or statewide public retirement system to disclosure certain expenditures. Establishes penalties for failing to file a report, filing a late report, or filing a report with incomplete or inaccurate information. http://www.legis.state.la.us/leg_docs/04RS/CVT10/OUT/0000LWN2.PDF Title: H.B. 1215 Source: FL Signed into law 06/2004 P-12 Relates to a retired teacher's reemployment; authorizes district school boards to reemploy certain retired teachers under certain circumstances; deletes certain reemployment criteria and limitations; provides legislative intent pertaining to funding and implementation; provides benefits are available for instructional personnel employed by developmental research schools and the State School for the Deaf and Blind and charter schools. http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb3010er.html&Directory=session/2004/Senate/bills/billtext/html/ Title: S.B. 3010 Source: Florida Legislative Web site LA Signed into law 06/2004 P-12 Provides for early retirement for state employee retirement members with actuarial reduction of benefits; requires abolition of positions vacated by early retirement and permits reestablishment only as provided. http://www.legis.state.la.us/leg_docs/04RS/CVT8/OUT/0000LRSO.PDF Title: H.B. 58 Source: StateNet OK Signed into law 06/2004 P-12 Postsec. Relates to health insurance; amends 74 O.S. 2001, Section 1306, as amended by Section 3, Chapter 196, O.S.L. 2002 (74 O.S. Supp. 2003, Section 1306), which relates to the State and Education Employees Group Insurance Board; allows Board to offer point- of-service plan; clarifies language; allows certain vendors to offer point-of-service plan in lieu of HMO. Title: S.B. 1162 Source: StateNet GA Signed into law 05/2004 P-12 Amends retirement allowances, disability benefits, and spouses' benefits under the Teachers Retirement System of Georgia to allow a teacher who retired on a service retirement may be employed as a classroom teacher, principal, superintendent, counselor, or librarian without having his or her benefits affected. http://www.legis.state.ga.us/legis/2003_04/fulltext/hb366.htm Title: H.B. 366 Source: Georgia Legislative Web site MS Signed into law 05/2004 P-12 Clarifies that assistant teachers will receive the same number of sick days as licensed teachers. In addition, under the donation of leave provision for school employees, the definition of catastrophic illness was amended to conform to the same definition as is provided in law for state employees in order to provide a uniform definition of catastrophic illness. Also, the bill clarifies several important points as it relates to PERS administration of school leave provisions and the way they impact the retirement allowance. First, the bill clarifies that that payment for up to 30 days of unused leave may only be made upon retirement. Second, it clarifies that "vacation" leave is the same as "personal" leave. And third, it clarifies that unused vacation or personal leave accumulated by licensed employees in excess of the maximum five (5) days which may be carried over from one (1) year to the next may be converted to sick leave not to exceed the conversion of ten (10) days of personal or vacation leave days to sick days per year. In the case of unused vacation or personal leave accumulated by nonlicensed employees, no more than ten (10) days of unused personal or vacation leave may be converted to sick leave per year. Any personal or vacation leave previously converted to sick leave under a lawfully adopted policy before the effective date of Senate Bill No. 2297, 2004 Regular Session, shall be recognized as accrued leave by the local school district and available for use by the employee. The leave converted under a lawfully adopted policy may be certified to the Public Employees' Retirement System upon termination of employment and any such leave previously converted and certified to the Public Employees' Retirement System shall be recognized. http://billstatus.ls.state.ms.us/documents/2004/pdf/SB/2200-2299/SB2297SG.pdf Title: S.B. 2297 Source: StateNet VA Signed into law 04/2004 P-12 Each division superintendent is required at least annually, if so requested by the local school board, to survey the relevant local school division to identify critical shortages of teachers and administrative personnel by subject matter and report such critical shortages to the school board, Superintendent of Public Instruction, and to the Virginia Retirement System. Retired teachers returning to the classroom must be in critical shortage areas. http://leg1.state.va.us/cgi-bin/legp504.exe?041+ful+HB1171ER Title: H.B. 1171 Source: http://leg1.state.va.us VA Signed into law 03/2004 P-12 Postsec. Requires the Department of Human Resources Management to offer the long term care insurance plan currently available to state employees to any person who has five or more years of creditable service in any retirement plan administered by the Virginia Retirement System. Title: H.B. 1179 Source: StateNet UT Signed into law 03/2004 P-12 Modifies the State System of Public Education Code and the Utah State Retirement and Insurance Benefit Act to amend employee benefit provisions for charter schools; allows a charter school applying for sponsorship to make an election of nonparticipation in the state retirement systems for its employees at the time of the application as a charter school; allows a charter school discretion to select and offer employee benefit plans. Title: H.B. 108 Source: StateNet IL Vetoed 11/2003 P-12 Amends the Downstate Teacher Article of the Illinois Pension Code. Allows certain retired teachers to remain in retirement status and continue to receive their retirement annuities while engaging in employment in a designated subject shortage area. Amends the State Employees Group Insurance Act of 1971 to provide that health insurance benefits under the State and TRIP plans are suspended while the annuitant is covered as an active teacher. http://www.legis.state.il.us/legislation/BillStatus.asp?DocNum=1185&GAID=3&DocTypeID=HB&LegId=1740&SessionID=3 Title: H.B. 1185 Source: Illinois Legislative Web site NC Signed into law 08/2003 P-12 The General Assembly finds that the elimination of administrative and fiscal limitations on job-sharing arrangements would make employment in a public school an attractive option for well-qualified persons who do not wish to work full time. The state board is required to adopt rules to facilitate job sharing by public school employees. These rules must provide that an employee in a job-sharing position shall receive paid legal holidays, annual vacation leave, sick leave, and personal leave on a pro rata basis. Such an employee is to also receive service credit under the Teachers' and State Employees' Retirement System as provided in G.S. 135-4(b) and insurance benefits as provided in Article 3 of Chapter 135 of the General Statutes. http://www.ncga.state.nc.us/html2003/bills/AllVersions/Senate/S701vr.html Title: S.B. 701 Source: http://www.ncga.state.nc.us IL Signed into law 07/2003 P-12 Amends the Downstate Teacher Article of the Illinois Pension Code. Allows retired teachers to remain in retirement status and continue to receive their retirement annuities while teaching in a designated subject shortage area. Amends the State Employees Group Insurance Act of 1971 to provide that health insurance benefits under the State and TRIP plans are suspended while the annuitant is covered as an active teacher. http://www.legis.state.il.us/legislation/fulltext.asp?DocName=&SessionId=3&GA=93&DocTypeId=SB&DocNum=195 Title: S.B. 195 Source: Illinois Legislative Web site CT Signed into law 07/2003 P-12 Concerns the reemployment of retired teachers; purchases additional credited service in the Teachers' Retirement System, the excess earning account, credit for service with certain bargaining organizations, and payments for additional credited service purchased by boards of education and makes changes in the teachers' retirement system. http://www.cga.state.ct.us/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=6696&which_year=2003&SUBMIT.x=19&SUBMIT.y=9 Title: H.B. 6696 Source: Connecticut Legislative Web site DE Signed into law 06/2003 P-12 Provides a credited service option for teachers formerly employed in the "Jobs for Delaware Graduates" program. http://www.legis.state.de.us/LIS/LIS142.NSF/2bede841c6272c888025698400433a04/bd3a636ecd58850085256ce000544192?OpenDocument Title: H.B. 110 Source: Delaware Legislative Web site TN Signed into law 06/2003 P-12 Relates to reemployment after retirement by teachers. Title: S.B. 434 Source: StateNet WA Signed into law 05/2003 P-12 Provides optional service credit for substitute service to members of the school employees' retirement system. Title: S.B. 5094 Source: StateNet AK Signed into law 05/2003 P-12 Relates to benefits for retired teachers or employees who participated in retirement incentive programs and are subsequently reemployed as a commissioner; provides for an effective date. http://www.legis.state.ak.us/basis/get_bill.asp?session=23&bill=HB140 Title: H.B. 140 Source: Alaska Legislative Web site NM Signed into law 04/2003 P-12 Allows a return to employment in Education; provides that a retired member who has not been employed as an employee or independent contractor by a local administrative unit may begin employment at a local administrative unit without suspending retirement benefits. Title: S.B. 283 Source: StateNet WV Signed into law 03/2003 P-12 Relates to county boards of education generally and expands job sharing arrangements to include employees who are not professional employees; relates to agreements to specify which employee is eligible for insurance coverage; limits cost to retirement system. Title: H.B. 2083 Source: StateNet VA Signed into law 03/2003 P-12 Relates to Virginia Retirement System; relates to the continuation of retirement benefits for retired teachers who resume teaching. Title: H.B. 2438 Source: StateNet NC To governor 10/2002 P-12 Community College Postsec. Provides that the state board shall facilitate job sharing by public school teachers; authorizes the legislative research commission to study issues related to employee benefits for school employees, community college employees, and state employees in job-sharing and part-time positions; provides that a teacher in a job-sharing position shall receive benefits, and service credit under the Teacher's and State Employees' Retirement System. Title: S.B. 1443 Source: Lexis-Nexis/StateNet CA Signed into law 09/2002 P-12 Community College Requires the Teachers' Retirement Board establish a registration process for vendors seeking to offer retirement investment products to employees of all local school districts, community college districts and county offices of education. Requires the board to provide those entities access to an impartial information bank to compare registered vendors and investment options offered. Provides a deadline for registration by vendors. Title: A.B. 2506 Source: Lexis-Nexis/StateNet AK Signed into law 06/2002 P-12 Provides that the death of a state employee killed off the job site by an act of assault, assassination, or terrorism directly related to the person's status as a member, shall be considered an occupational death for purposes of survivor's pension benefits in the teachers' retirement system and the public employees' retirement system. Title: H.B. 480 Source: Lexis-Nexis/StateNet CT Signed into law 06/2002 P-12 Lowers threshold from 20 to 18 days substitute or half days or less of service that are to equal one month of credited service for purposes of additional credited service purchased from the teacher retirement system. Title: S.B. 635 Source: Lexis-Nexis/StateNet KS Signed into law 06/2002 P-12 Modifies definition of "employee" and "final average salary" in section relating to the Kansas public employees retirement system and systems thereunder. Modifies section relating to purchase of participating service. http://www.kslegislature.org/bills/2002/2621.pdf Title: H.B. 2621 Source: www.kslegislature.org GA Signed into law 05/2002 P-12 Increases maximum benefit amount for public school employee retirees. http://www.legis.state.ga.us/Legis/2001_02/fulltext/sb138.htm Title: S.B. 138 Source: Lexis-Nexis/StateNet GA Signed into law 05/2002 P-12 Relates to teacher retirement; allows members who have completed a minimum of 25 years of crediable service to obtain up to three additional years creditable service if stipulations are met. http://www.legis.state.ga.us/Legis/2001_02/versions/hb955_LC_21_6510_a_2.htm Title: H.B. 955 Source: www.legis.state.ga.us AL Pocket Veto by GOVERNOR. 04/2002 P-12 Relates to certain public school teachers; provides for authority to contract with a local board of education to work less than full-time so long as their salaries reflect employment for less than a full day; provides that if such teacher is receiving benefits from the Teachers' Retirement System, the teacher shall conform to the criteria and prescribed limits for outside income. http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb605.htm Title: H.B. 605 Source: alisdb.legislature.state.al.us KY Signed into law 04/2002 P-12 Includes persons whose positions require certification or a four-year postsecondary degree and who provide part-time and substitute services in positions traditionally covered by the Kentucky Teachers Retirement System (KTRS) as members so these persons will make contributions to the system and be eligible for benefits. Also addresses KTRS requirements regarding back salary or reinstating membership for certain members. http://www.lrc.state.ky.us/record/02rs/HB637/bill.doc Title: H.B. 637 Source: www.lrc.state.ky.us AL Signed into law 04/2002 P-12 Reopens the Teachers' Retirement System for purchase of certain prior service credit in the system by active and contributing members who were either on approved medical leave, or employed full-time with the Legislature, or employed full-time with a subsidiary organization of an employer which has participated in the system since its inception.http://alisdb.legislature.state.al.us/acas/searchableinstruments/2002rs/bills/hb169.htm Title: H.B. 169 Source: alisdb.legislature.state.al.us CA Signed into law 04/2002 P-12 Provides that additional state income and corporation tax law conform with federal income tax laws with respect to rollovers allowed among various types of retirement plans and purchase of service credit in government defined benefit plans. http://info.sen.ca.gov/pub/bill/asm/ab_0101-0150/ab_131_bill_20020426_chaptered.html Title: A.B. 131 Source: info.sen.ca.gov FL Signed into law 04/2002 P-12 Creates the Retirement System Contributions Clearing Trust Fund to disburse Florida Retirement System funds, to be administered by the Department of Management Services as the retirement clearing trust fund not subject to termination pursuant to the State Constitution; provides for sources of moneys and purposes; provides for exemption from general revenue service charges. Title: H.B. 1575 Source: Lexis-Nexis/StateNet FL Signed into law 04/2002 P-12 Relates to retirement contribution rates; revises the contribution rates for the Elected Officers' Class, Senior Management Service Class, Regular Class, Special Risk Class, and Special Risk Administrative Support Class; relates to increased retirement contribution rates; makes provisions for social security deductions. Title: H.B. 1973 Source: Lexis-Nexis/StateNet HI Signed into law 04/2002 P-12 Allows the Department of Education to rehire retired teachers who have been retired for at least one calendar year to work in teacher shortage areas identified by the department of education and to serve as mentors for new classroom teachers with the prior approval of the superintendent of education. Retired teachers who are hired under this section shall not earn retirement service credit, contribute to the retirement system, or gain additional retirement system benefits as a result of their employment; provided that the retired teachers shall continue to receive entitled normal retirement benefits without penalty. Retired teachers may begin mentoring immediately upon retirement. http://www.capitol.hawaii.gov/sessioncurrent/bills/hb2163_.htm Title: H.B. 2163 Source: www.capitol.hawaii.gov IA Signed into law 04/2002 P-12 Modifies requirements of Iowa Public Employees' Retirement System, including access to confidential records, purchase of service credit, and voluntary coverage of elected officials. http://www.legis.state.ia.us/GA/79GA/Legislation/HF/02500/HF02532/Current.html Title: H.B. 2532 Source: www.legis.state.ia.us MS Became law without GOVERNOR'S signature. 04/2002 P-12 Makes an appropriation to the board of trustees of the Public Employees' Retirement System for the purpose of paying benefit payments to retirants under the former Teachers' Retirement System. Title: H.B. 1800 Source: Lexis-Nexis/StateNet WV Signed into law 03/2002 P-12 Clarifies that a retired public school teacher may be employed as a higher education teacher without loss of benefits. Title: H.B. 4579 Source: Lexis-Nexis/StateNet ME Public Law No. 03/2002 P-12 Relates to group health plans for retirees who return to work under certain circumstances. Title: H.B. 1469 Source: Lexis-Nexis/StateNet RI Became law without GOVERNOR'S signature 07/2001 P-12 Allows retired teachers to substitute as teachers in State and public schools for not more than 90 days in any one school year without a reduction of retirement benefits. Title: H.B. 5209, S.B. 207 Source: Lexis-Nexis/StateNet LA Signed into law 06/2001 P-12 Repeals all "reemployment of retiree" laws and replaces them with one law allowing full salary and full benefits after the lapse of a 12-month waiting period and allows substitutes to return immediately for limited service. Title: H.B. 914 Source: Lexis-Nexis/StateNet SC Signed into law 06/2001 P-12 Relates to the exemption from the earnings limitation for retired certified teachers employed in geographic or critical academic need areas; provides that beginning June 1, 2001, any retired certified school district employee who is not a certified teacher may return to such certified employment in a school or school district which is in a critical geographic need area. Title: H.B. 3175 Source: Lexis-Nexis/StateNet TX Signed into law 06/2001 P-12 Relates to the creation, operation, and funding of a statewide group benefits program for employees and retirees of school districts. Establishes the School Employee Health Insurance Plan, to be administered by the Teacher Retirement System. Pass-through financial assistance in the amount of $1000 per employee will be allocated for use in purchasing additional employee coverage or dependent coverage, to begin a medical savings account or as compensation. All school districts will receive $75 per month per covered employee to offset health insurance costs. Title: H.B. 3343 Source: Lexis-Nexis/StateNet TX Signed into law 06/2001 P-12 Relates to credit in the Teacher Retirement System of Texas for certain out-of-state service. Title: S.B. 477 Source: Lexis-Nexis/StateNet AZ Signed into law 05/2001 Postsec. Community College Relates to community college employee retirement; includes provisions for corrections officers, elected officials, and public safety personnel. Title: S.B. 1295 Source: Lexis-Nexis/StateNet HI Signed into law 05/2001 P-12 , Provides that department of education may rehire retired teachers in teacher shortage areas, with prior approval of superintendent and pursuant to collective bargaining. Title: H.B. 1668 Source: Lexis-Nexis/StateNet NE Signed into law 05/2001 P-12 Section 16 changes the definition of general fund operating expenditures for purposes of the state aid formula (TEEOSA). The bill provides that general fund operating expenditures will not include retirement incentive plans and staff development assistance. The exclusion of these items from general fund operating expenditures will reduce formula "need". The State Department of Education indicates that the amount of retirement incentive plans and staff development assistance is not a significant amount on a statewide basis, so the exclusion of these items will result in a minimal decrease in state aid paid to schools. Section 20 provides that net option funding will be the net number of option students in each grade range times the statewide average cost grouping cost per student multiplied by the weighting factor for the corresponding grade range. Current law provides that net option funding will be net number of option students in each grade range times the lesser of the statewide average cost grouping cost per student or the local system cost grouping cost per student multiplied by the weighting factor for the corresponding grade range. This change will shift a minimal amount of state aid between school districts. The change means that schools in the standard cost grouping that receive net option funding will receive a higher amount of net option funding since the aid will be based on the statewide average cost grouping cost rather than the local system cost grouping cost. The increase in net option aid will reduce the amount available through the formula as income tax rebate. Since net option funding and income tax rebates are considered to be resources for purposes of determining the overall amount of state aid received, the change will only have a minimal impact on state aid provided to districts that are not receiving equalization aid. [Summary from Fiscal Note.) Title: L.B. 797--Two Components Source: Nebraska Legislative Web Site AR Signed into law 04/2001 P-12 Increases the amount of private school service which can be purchased in the teacher retirement system. Title: H.B. 1077 Source: Lexis-Nexis/StateNet IN Signed into law 04/2001 P-12 Provides a cost of living adjustment (COLA) in 2001 to members of the Public Employees Retirement Fund (PERF) and members of the Indiana State Teachers Retirement Fund (TRF) who retired or were disabled before 7/2/99; provides a COLA in 2002 to members of PERF or TRF who retired or were disabled before 7/2/00; provides a supplemental 13th check benefit to retired teachers and certain retired public employees on 11/1/01, and on 11/1/02; provides additional COLA. Title: H.B. 1815 Source: Lexis-Nexis/StateNet MD Signed into law 04/2001 P-12 Relates to the Employees' and Teachers' Retirement System; alters the method of calculating specified members' average final compensation; defines break in service; establishes a method of calculating the average final compensation of specified part-time employees. Title: S.B. 389 Source: Lexis-Nexis/StateNet MT Signed into law 04/2001 P-12 Postsec. Revises the defined contribution plan provisions under the public employees retirement system; limits liability; revises the allocation of current contributions to an education fund; revises how family law orders and execution of withholding and support obligation orders may be applied; clarifies plan choice provisions for university employees. Title: H.B. 116 Source: Lexis-Nexis/StateNet MT Signed into law 03/2001 P-12 Relates to the teachers' retirement system; relates to member eligibility for benefits, purchasing of service, tax deferred contributions, and administrative expenditures; concerns assets held in trust; revises the calculation of postretirement earnings; clarifies the procedure for designation of beneficiaries and payment of death benefits. Title: H.B. 97 Source: Lexis-Nexis/StateNet VA Signed into law 02/2001 P-12 Provides that the monthly retirement allowance payable to any teacher who has at least 25 years of creditable service as a teacher and is at least 65 years old, or at least 30 years of creditable service as a teacher, shall not be less than $ 800. Title: S.B. 945 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Provides additional increases, as specified, for those members who have 30 or more years of credited service prior to 2011 and who retire for service on or after 01/01/2001. Title: A.B. 1933 Source: Lexis-Nexis/StateNet CA Signed into law 09/2000 P-12 Provides that development of any health care benefits programs for teachers shall be subject to appropriation of funds and further legislative authorization. Establishes the Teachers' Health Benefits Fund, a continuously appropriated special trust fund in the State Treasury, and provides that moneys from that fund shall be used to pay the premiums associated with Medicare Part A for members of the Defined Benefit Program who retired prior to 01/01/2002. Title: S.B. 1435 Source: Lexis-Nexis/StateNet TN Signed into law 06/2000 P-12 Allows retired teachers to resume teaching without loss of benefits under certain conditions. Title: S.B. 2124 Source: Lexis-Nexis/StateNet MI Signed into law 06/2000 P-12 Public Act 150, Relates to retirement; relates to public school employees; exempts persons who work for school district to conduct an election for individuals required to contribute to pension plan. Title: H.B. 5468 Source: Lexis-Nexis/StateNet TN Signed into law 06/2000 P-12 Provides that local teacher retirement funds should be well managed; requires annual reports to local legislative bodies. Title: S.B. 2755 Source: Lexis-Nexis/StateNet VT Signed into law 06/2000 P-12 Permits eligible teachers to be employed and compensated up to 60% rather than 50% of the average teachers' compensation and still receive a full retirement allowance from the system. Also modifies other components of retirement policy. Title: H.B. 688 Source: http://www.state.vt.us/educ/legupdate.htm ID Signed into law 04/2000 P-12 Amends existing law to provide that a certificated employee of a public school district shall be fifty-five years old before September 1 of the year application is made for early retirement. Title: H.B. 637 Source: Lexis-Nexis/StateNet KY Signed into law 03/2000 P-12 Provides that for persons fired after 8/1/2000, who participate in State Employees Retirement System, County Employees Retirement System, State Police Retirement System, or Teachers' Retirement System, there shall be forfeiture of retirement benefits if convicted of a felony related to their employment. Title: H.B. 737 Source: Lexis-Nexis/StateNet