00 CS FOR HOUSE BILL NO. 20(STA)
01 "An Act relating to reemployment of and benefits for retired teachers or employees,
02 including those who participated in retirement incentive programs, and to the
03 employment as teachers of members of the public employees' retirement system who
04 participated in a retirement incentive program; and providing for an effective date."
05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
06 * Section 1. AS 14.20.135(a) is amended to read:
07 (a) If the Department of Education and Early Development, a [A] school
08 district, or a regional educational attendance area [THAT] has or anticipates having a
09 shortage of teachers qualified to teach or work in a particular educational discipline
10 or specialty, the department, district, or attendance area may[, BY
11 RESOLUTION,] adopt a policy that permits the employment of retired teachers or
12 employees who are qualified to teach or work in the educational discipline or
13 specialty in accordance with this section. The policy must describe the circumstances
14 that constitute the shortage. If a shortage of teachers exists as described in the policy,
01 the department, district, or attendance area shall notify the administrator of the
02 teachers' retirement system (AS 14.25) that it is hiring retired teachers under this
03 section.
04 * Sec. 2. AS 14.25.043(b) is amended to read:
05 (b) The Department of Education and Early Development, a [A] school
06 district, or a regional educational attendance area that has adopted a policy that
07 permits the employment of retired teachers in accordance with AS 14.20.135 shall
08 notify the administrator that it is hiring retired teachers under AS 14.20.135. A
09 teacher who retired under AS 14.25.110(a) and subsequently becomes an active
10 member under a policy adopted in accordance with AS 14.20.135 may, within 30 days
11 of the date of reemployment, elect to continue receiving benefit payments during the
12 period of reemployment by filing a waiver of coverage with the administrator on a
13 form provided by the administrator. An election under this subsection waives
14 coverage for the period of reemployment and is irrevocable during the period of
15 reemployment. Deductions from the member's salary may not be made under
16 AS 14.25.050 during the period of reemployment, and the member may not receive
17 credited service for the period of reemployment. A member who participated in a
18 retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65, SLA
19 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who makes [IS NOT ELIGIBLE TO
20 MAKE] an election under this subsection does not lose the incentive credit provided
21 under the applicable retirement incentive plan and is not subject to any related
22 reemployment indebtedness.
23 * Sec. 3. AS 14.25.043 is amended by adding a new subsection to read:
24 (d) A member of the public employees' retirement system who participated in
25 a retirement incentive program under ch. 26, SLA 1986; ch. 89, SLA 1989; ch. 65,
26 SLA 1996; ch. 4, FSSLA 1996; or ch. 92, SLA 1997, who subsequently becomes a
27 teacher under a policy adopted in accordance with AS 14.20.135(a) may become an
28 active member under AS 14.25.040 without losing the incentive credit provided under
29 the applicable retirement incentive plan and is not subject to any related reemployment
30 indebtedness.
31 * Sec. 4. The uncodified law of the State of Alaska enacted in sec. 12, ch. 57, SLA 2001, is
01 amended to read:
02 Sec. 12. AS 14.20.135, as amended by sec. 1 of this 2003 Act;
03 AS 14.25.043(b), as amended by sec. 2 of this 2003 Act; AS 14.25.043(d), added by
04 sec. 3 of this 2003 Act; AS 39.35.120(b)(2), 39.35.150(b), and 39.35.150(c) are
05 repealed July 1, 2005.
06 * Sec. 5. AS 14.20.135(c) is repealed.
07 * Sec. 6. This Act takes effect immediately under AS 01.10.070(c).