North Carolina SB 441: Revive High-Need Retired Teachers Program.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 441

Short Title: Revive High-Need Retired Teachers Program. (Public)
Sponsors: Senators Corbin, Lee, and Overcash (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S441-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REVIVE AND EXPAND THE PROGRAM TO ALLOW RETIRED 2
EDUCATORS TO RETURN TO WORK IN HIGH-NEED SCHOOLS. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. G.S. 115C-302.4 is reenacted as it existed immediately prior to its 5
expiration and expires effective June 30, 2027. 6
SECTION 2.(a) G.S. 135-3(a)(8) is amended by adding a new sub-subdivision to 7
read: 8
"i. Notwithstanding sub-subdivisions c. and d. of this subdivision, the 9
computation of postretirement earnings under this subdivision shall 10
not include earnings while a beneficiary is employed as a high-need 11
retired teacher as defined under G.S. 115C-302.4(a) and the 12
beneficiary shall not be restored to service as a teacher or employee. 13
The Department of Public Instruction shall certify to the Retirement 14
System that a beneficiary is employed by a local board of education as 15
a high-need retired teacher. No later than September 15 annually, a 16
local board of education shall inform the Retirement System if it will 17
not employ any high-need retired teachers for that school year. The 18
retirement allowance of a beneficiary who retired on an early or 19
service retirement shall not cease due to reemployment as a high-need 20
retired teacher. A beneficiary reemployed as a high-need retired 21
teacher is not entitled to any benefits otherwise provided under this 22
Chapter as a result of this period of employment." 23
SECTION 2.(b) G.S. 135-3(a)(8)c1. reads as rewritten: 24
"c1. Within 90 days of the end of each month in which a beneficiary is 25
reemployed under the provisions of sub-subdivision c. or i. of this 26
subdivision, each employer shall provide a report for that month on 27
each reemployed beneficiary, including the terms of the 28
reemployment, the date of the reemployment, and the amount of the 29
monthly compensation. If the required report is not received within the 30
required 90 days, then the Board may do any or all of the following: 31
...." 32
SECTION 2.(c) G.S. 135-1(10) reads as rewritten: 33
"(10) "Employee" shall mean all full-time employees, agents or officers of the State 34
of North Carolina or any of its departments, bureaus and institutions other than 35
educational, whether such employees are elected, appointed or employed: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 441-First Edition
Provided that the term "employee" shall not include employees of the 1
University of North Carolina Health Care System who are not eligible for 2
participation under G.S. 135-5.6, employees of the East Carolina University 3
School of Medicine or Dental School of Medicine who are not eligible for 4
participation under G.S. 135-5.7, any person who is a member of the 5
Consolidated Judicial Retirement System, any member of the General 6
Assembly or Assembly, any high-need retired teacher as defined under 7
G.S. 115C-302.4(a), or any part-time or temporary employee. 8
Notwithstanding any other provision of law, "employee" shall include all 9
employees of the General Assembly except participants in the Legislative 10
Intern Program, pages, and beneficiaries in receipt of a monthly retirement 11
allowance under this Chapter who are reemployed on a temporary basis. 12
"Employee" also includes any participant whose employment is interrupted 13
by reason of service in the Uniformed Services, as that term is defined in 14
section 4303(16) of the Uniformed Services Employment and Reemployment 15
Rights Act, Public Law 103-353, if that participant was an employee at the 16
time of the interruption; if the participant does not return immediately after 17
that service to employment with a covered employer in this System, then the 18
participant shall be deemed "in service" until the date on which the participant 19
was first eligible to be separated or released from his or her involuntary 20
military service. In all cases of doubt, the Board of Trustees shall determine 21
whether any person is an employee as defined in this Chapter. "Employee" 22
shall also mean every full-time civilian employee of the North Carolina 23
National Guard who is employed pursuant to section 709 of Title 32 of the 24
United States Code and paid from federal appropriated funds, but held by the 25
federal authorities not to be a federal employee: Provided, however, that the 26
authority or agency paying the salaries of such employees shall deduct or 27
cause to be deducted from each employee's salary the employee's contribution 28
in accordance with applicable provisions of G.S. 135-8 and remit the same, 29
either directly or indirectly, to the Retirement System; coverage of employees 30
described in this sentence shall commence