SENATE, No. 3685

STATE OF NEW JERSEY

219th LEGISLATURE

INTRODUCED APRIL 26, 2021

 


 

Sponsored by:

Senator† M. TERESA RUIZ

District 29 (Essex)

Senator† RICHARD J. CODEY

District 27 (Essex and Morris)

 

Co-Sponsored by:

Senators Diegnan and Pou

 

 

 

 

SYNOPSIS

†††† Permits school teacher who is retired from TPAF to return to employment during public health emergency and state of emergency for COVID-19 pandemic, for up to two years without reenrollment in TPAF.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act concerning a return to employment by a school teacher during the public health emergency and state of emergency for the COVID-19 pandemic after retirement from the Teachersí Pension and Annuity Fund.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† Notwithstanding the provisions of N.J.S.18A:66-53.2 to the contrary, the cancellation, reenrollment, and additional retirement allowance provisions of subsection a. of N.J.S.18A:66-53.2 shall not apply to a former member of the Teachersí Pension and Annuity Fund who is a certificated teacher and who, after having been granted a retirement allowance, becomes employed by a board of education in a position of critical need as determined by the State Commissioner of Education on a contractual basis for a term of not more than one year; except that the cancellation, reenrollment, and additional retirement allowance provisions shall apply if the former member becomes employed within 180 days with the employer from which the member retired.† Nothing herein shall preclude a former member so reemployed with a board of education from renewing a contract for one additional year; provided that the total period of employment with any individual board of education does not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district; and provided that no such renewal shall provide the former member an election regarding whether or not to be reenrolled.

†††† The former memberís retirement shall have been a bona fide retirement and any employment or reemployment under this section shall not be prearranged before retirement.

†††† This section shall apply only with regard to a certificated teacher whose reemployment with any board of election commences during the public health emergency and state of emergency declared by the Governor in Executive Order No. 103 for the COVID-19 pandemic and during any extensions of that public health emergency and state of emergency.

 

†††† 2.††† This act shall take effect immediately.

 

 

STATEMENT

 

†††† This bill would permit a certificated teacher who retired from the Teachersí Pension and Annuity Fund (TPAF) to return to work full time with a board of education in a position of critical need, as determined by the State Commissioner of Education, without being reenrolled in the TPAF if reemployment commences during the period of the public health emergency and state of emergency declared due to the COVID-19 pandemic.† If the retired teacher returns to work with the former employer, it must occur more than 180 days after the retirement.† This bill will permit the teacher to receive the TPAF retirement allowance as well as a salary.† The bill permits the return to work under a contract for one year, which may be renewed only for one additional year. The total period of reemployment with any individual board of education must not exceed a two-year period, unless so approved by the Commissioner of Education as being in the best interests of the school district. Under the bill, the former memberís retirement must have been a bona fide retirement and any employment or reemployment under the bill must not be prearranged before retirement.

†††† Current law has a substantially similar provision to permit certain TPAF retirees to return to work with a board of education in a TPAF position as a certificated superintendent or certificated administrator for a limited period of time, without reenrollment in the TPAF.

†††† There may be additional requirements that would have to be met in certain circumstances for a return to work in order to comply with the laws and regulations of the federal Internal Revenue Code.

†††† This bill seeks to address the anticipated need for teachers due to an expected shortage during the fall 2021 academic year.