Regulation – x
Adopted – 7/16/1998
The Superintendent or designee may hire State Teachers Retirement System members who retired from service with an effective date on or before July 1, 1996 to provide direct instruction to students in grades kindergarten through 12 to help meet the objectives of the Class Size Reduction Program. These teachers shall be exempt from the limitation on earnings specified in Education Code 24214(d)-(f).
In order to hire a retired certificated employee, the district shall meet
the following conditions: (Education Code 24216.5)
1. The employment is necessary to meet the objectives of the Class Size Reduction Program.
2. The employee shall be treated as a distinct class of temporary employees within the existing bargaining unit. The rate of pay shall be the rate established in Education Code 24214(b) and agreed to in the collective bargaining agreement between the employer and the exclusive representative for employees of the school district.
3. The district shall submit documentation required by the system to substantiate the eligibility of the employment of a retired member for this exemption.
The district shall maintain accurate records of the retired member’s earnings and shall report those earnings monthly to the system regardless of the method of payment or the source of funds from which the earnings are paid. (Education Code 24216.5)
A member who retired from service with an effective date on or before July 1, 1996, and who, between July 1, 1996 and 60 days following the effective date of the law, terminated his or her service retirement allowance and returned to employment that qualifies for the exemption shall have the right to cancel his or her reinstatement and return to status as a member retired from service as if the service retirement allowance had not been terminated. (Education Code 24216.5)
EC 22119.5, 24214, 24216.5, 44830, EC 44830.3, 52120-52128
CSBA Date – 6/97