Rehired Retiree Program Returns
The 2005 session of the General Assembly saw the passage of legislation (HB 1347/SB623) that reconstitutes the rehired retiree program that expired in 2004. This program was of critical importance to many members and local schools systems around the state as they continue to look for ways to recruit highly qualified teachers and principals to fill vacant positions.
However, over many deliberations and in an attempt to address what they perceived as abuses of the original program, the legislature saw fit to restructure the program and change it’s mission to address the persistent teacher shortage problem Maryland continues to face.
In the reconstituted program, rehired retirees will only be allowed to work in schools not meeting adequate yearly progress or that are “in school improvement” as designated by the No Child Left Behind Act; school receiving federal Title I funds; or school that provide an alternative education program. Further, under the restructured program, these rehired retirees may only teach subjects designated as a critical shortage area by the MSDE, technology education, special education, or classes for students with limited English proficiency.
Assignments under this program require a 45 day break in service from when a person first retires and when they can begin working under this program and limits an assignment to no more than 4 years from when a school makes adequate yearly progress.
Also, the legislature tightened the oversight and accountability of the program by making local superintendents responsible for all assignments made under this program. Accordingly, the local school system is responsible for making any reimbursements to the state retirement agency for the required offset to a person’s benefit required by law, thus holding the employees harmless if an employee is incorrectly assigned under this program.
The restructured program also requires reporting to the MSDE and the general assembly on the usage, placement, and compensation of all rehired retirees under this program. The legislation also allows local school systems the flexibility to hire a certain number of persons under this program, depending on the size of the school system and not to exceed a maximum of 10, that may teach any subject as long as they do so at a school prescribed under this law.
The legislation reconstituting the rehired retiree program takes effect July 1, 2005 and remains in effect for two years, at which time it may reviewed by the general assembly and considered for renewal.
As was the case under the previous program, this program is optional for local school systems. The law does not prescribe compensation guidelines. It is recommended that you contact your local to determine whether your school system will be participating in the reconstituted program and what the compensation will be in your county.
For further questions about the law, please contact Randy
Mickens at MSTA.
