Bill Summary for S 399 (2019-2020)

Summary date: 

Mar 28 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 399 (Public) Filed Thursday, March 28, 2019
Intro. by Horner, Berger, Chaudhuri.

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Bill summary

Enacts new GS 115C-302.4 to compensate high-need retired teachers as follows: (1) paid on the first step of the teacher salary schedule and (2) paid on the sixth step of the teacher salary schedule if serving as a teacher in the areas of STEM or special education. Defines a high-need retired teacher as a beneficiary of the Teachers' and State Employees' Retirement System of North Carolina who: (1) retired on or before February 1, 2019, after attaining the age of at least 65 with five years of creditable service, the age of at least 60 with 25 years of creditable service, or 30 years of creditable service and (2) is reemployed by a local school administrative unit to teach at a high-need school (as defined in the act). Prohibits giving high-need retired teachers salary supplements or bonuses, or salary increases. Limits the term of a contract between a local board of education and a high-need retired teacher to no more than one school year. Requires the Superintendent of Public Instruction to provide local school administrative units with a list of STEM and special education licensure areas that qualify for reemployment; requires the local school administrative units to then make the list available to high-need retired teachers. 

Amends GS 135-3(8), concerning membership in the Teachers' and State Employees' Retirement System of North Carolina, to exclude earnings while employed as a high-need retired teacher from the computation of postretirement earnings for beneficiaries who retired on or before February 1, 2019, and have been retired at least six months. Makes conforming changes.

Excludes high-need retired teachers from the definition of employee in GS 135-1 for use in provisions under GS Chapter 135 (Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees). 

Amends GS 135-48.40 by adding high-need retired teachers to those eligible for coverage under the State Health Plan for Teachers and State Employees, on a partially contributory basis.

Provides that if the IRS determines that the provisions related to computing postretirement earnings of retired teachers jeopardizes the status of the Teachers' and State Employees' Retirement System of North Carolina under the Internal Revenue Code, then the act is repealed 30 days from receipt of that determination. 

Effective July 1, 2019, and expires June 30, 2021.

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