19-20-732. (Temporary) Reemployment of certain retired teachers, specialists, and administrators — procedure — definitions. (1) Subject to the provisions of this section:

Terms Used In Montana Code 19-20-732

  • board: means the retirement system's governing board provided for in 2-15-1010. See Montana Code 19-20-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Employer: means :

    (a)the state of Montana;

    (b)a public school district, as provided in 20-6-101 and 20-6-701;

    (c)the office of public instruction;

    (d)the board of public education;

    (e)an education cooperative;

    (f)the Montana school for the deaf and blind, as described in 20-8-101;

    (g)the Montana youth challenge program, as defined in 10-1-101;

    (h)a correctional facility, as defined in 41-5-103;

    (i)the Montana university system;

    (j)a community college; or

    (k)any other agency, political subdivision, or instrumentality of the state that employs a person who is designated a member of the retirement system pursuant to 19-20-302. See Montana Code 19-20-101

  • Member: means a person who has an individual account in the annuity savings account. See Montana Code 19-20-101
  • Service: means the performance of duties that would entitle the person to active membership in the retirement system under the provisions of 19-20-302. See Montana Code 19-20-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(a)a teacher, specialist, or administrator who has been receiving a retirement allowance for no less than 2 months, except a disability retirement allowance pursuant to part 9 of this chapter, may be employed on a full-time basis by an employer for a maximum of 3 years during the lifetime of the retired member without the loss or interruption of any payments or retirement benefits if:

(i)the retired member completed 27 or more years of creditable service prior to retirement;

(ii)the retired member holds a valid certificate pursuant to the provisions of 20-4-106; and

(iii)each year, prior to employing a retired member, the employer certifies to the office of public instruction and to the retirement board that after having advertised the position for that year the employer has been unable to fill the position because the employer either has received no qualified applications or has not received an acceptance of an offer of employment made to a nonretired teacher, specialist, or administrator. The office of public instruction shall verify that the employer has advertised the position as required under this subsection (1)(a)(iii).

(b)the employer certification required by this section must include the retired member’s name and social security number and a copy of the proposed contract of employment for the retired member;

(c)upon receipt of the employer’s certification and of the proposed contract of employment, the retirement board shall verify whether the retired member meets the requirements of subsection (1)(a)(i) and shall notify the employer and the retired member of its findings;

(d)a retired member reemployed under this section is ineligible for active membership under 19-20-302 and is ineligible to receive service credit under any retirement system identified in Title 19; and

(e)the retirement board shall report to the education interim committee and the state administration and veterans’ affairs interim committee, as provided in 5-11-210, regarding the implementation of and results arising from this section.

(2)An employer employing a retired member pursuant to this section shall contribute monthly to the retirement system an amount equal to the sum of the contribution rates required by 19-20-602, 19-20-604, 19-20-605, 19-20-607, 19-20-608, and 19-20-609.

(3)A retired member reemployed pursuant to this section is exempt from the earnings and employment limits provided in 19-20-731.

(4)If reemployed in a position covered by a collective bargaining agreement pursuant to Title 39, chapter 31, the retired member is subject to all the terms and conditions of the agreement and is entitled to all the benefits and protections of the agreement.

(5)The board may adopt rules to implement this section.

(6)As used in this section, the following definitions apply:

(a)”Employer” means a school district as defined in 20-6-101 and 20-6-701 that employs a retired member and is a second-class or third-class elementary district under 20-6-201 or a second-class or third-class high school district under 20-6-301.

(b)”Year” means all or any part of a school year. (Terminates June 30, 2027–sec. 4, Ch. 135, L. 2023.)

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