Missouri HB 2494: Modifies provisions relating to teacher retirement

Status: Referred: Pensions(H) (as of 2022-03-10)

State: Missouri · Session: 2022 · Bill: HB 2494

Sponsors: Black, Rusty

Bill Text

SECOND REGULAR SESSION
HOUSE BILL NO. 2494
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BLACK (7).
5225H.01I DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 169.560 and 169.660, RSMo, and to enact in lieu thereof two new sections
relating to teacher retirement, with an emergency clause.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 169.560 and 169.660, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 169.560 and 169.660, to read as follows:
169.560. 1. Beginning on January 1, 2026, any person retired and currently
2 receiving a retirement allowance pursuant to sections 169.010 to 169.141, other than for
3 disability, may be employed in any capacity for an employer included in the retirement
4 system created by those sections on either a part-time or temporary-substitute basis not to
5 exceed a total of five hundred fifty hours in any one school year, and through such
6 employment may earn up to fifty percent of the annual compensation payable under the
7 employer's salary schedule for the position or positions filled by the retiree, given such
8 person's level of experience and education, without a discontinuance of the person's
9 retirement allowance. If the employer does not utilize a salary schedule, or if the position in
10 question is not subject to the employer's salary schedule, a retiree employed in accordance
11 withtheprovisionsofthissubsectionmayearnuptofiftypercentoftheannualcompensation
12 paid to the person or persons who last held such position or positions. If the position or
13 positions did not previously exist, the compensation limit shall be determined in accordance
14 with rules duly adopted by the board of trustees of the retirement system; provided that, it
15 shall not exceed fifty percent of the annual compensation payable for the position by the
16 employer that is most comparable to the position filled by the retiree. In any case where a
17 retiree fills more than one position during the school year, the fifty-percent limit on permitted
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

18 earning shall be based solely on the annual compensation of the highest paid position
19 occupied by the retiree for at least one-fifth of the total hours worked during the year. Such a
20 person shall not contribute to the retirement system or to the public education employee
21 retirementsystemestablishedbysections169.600to169.715becauseofearningsduringsuch
22 period of employment. If such a person is employed in any capacity by such an employer in
23 excess of the limitations set forth in this subsection, the person shall not be eligible to receive
24 the person's retirement allowance for any month during which the person is so employed. In
25 addition, such person shall contribute to the retirement system if the person satisfies the
26 retirement system's membership eligibility requirements. In addition to the conditions set
27 forth above, this subsection shall apply to any person retired and currently receiving a
28 retirement allowance under sections 169.010 to 169.141, other than for disability, who is
29 employed by a third party or is performing work as an independent contractor, if such person
30 isperformingwork foran employerincludedin theretirementsystem asa temporaryorlong-
31 term substitute teacher or in any other position that would normally require that person to be
32 duly certificated under the laws governing the certification of teachers in Missouri if such
33 person was employed by the district. The retirement system may require the employer, the
34 third-party employer, the independent contractor, and the retiree subject to this subsection to
35 provide documentation showing compliance with this subsection. If such documentation is
36 not provided, the retirement system may deem the retiree to have exceeded the limitations
37 provided in this subsection.
38 2. Notwithstanding any other provision of this section, beginning January 1, 2026,
39 any person retired and currently receiving a retirement allowance in accordance with sections
40 169.010 to 169.141, other than for disability, may be employed by an employer included in
41 the retirement system created by those sections in a position that does not normally require a
42 person employed in that position to be duly certificated under the laws governing the
43 certification of teachers in Missouri, and through such employment may earn up to sixty
44 percent of the minimum teacher's salary as set forth in section 163.172, without a
45 discontinuance of the person's retirement allowance. Such person shall not contribute to the
46 retirement system or to the public education employee retirement system established by
47 sections169.600 to 169.715 because ofearningsdur

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