Bill > S1559

Introduced Session

This bill would permit a non-instructional staff member who retired from the Public Employees' Retirement System (PERS) 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 PERS if reemployment commences during the remainder of the 2021-2022 school year and the entirety of the 2022-2023 school year. As defined in the bill, "non-instructional staff member" means a New Jersey school-based employee whose position does not require a New Jersey Department of Education (DOE) certification and who is enrolled in the PERS. If the retired non-instructional staff member returns to work with the former employer, it must occur more than 120 days after the retirement. This bill will permit the non-instructional staff member to receive the PERS 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 cannot 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 member's retirement must have been a bona fide retirement and any employment or reemployment under the bill must not be prearranged before retirement. Under the bill, a school district of a board of education with a position of critical need seeking to reemploy a former member pursuant to the provisions of the bill is required to demonstrate to the board of education the need for reemploying such members prior to reemployment. Current law has a substantially similar provision to permit certain Teachers' Pension and Annuity Fund (TPAF) retirees to return to work with a board of education in a TPAF position as a certificated superintendent, certificated administrator, teacher, or professional staff member providing special services, for a limited period of time, without reenrollment in the TPAF. This bill would help alleviate the school staffing shortages due to the COVID-19 pandemic.

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Jim Beach (D)*,  Nilsa Cruz-Perez (D)*,  Edward Durr (R),  Andrew Zwicker (D), 

Referred to Senate Budget and Appropriations Committee (on 06/13/2022)

Official Document