H. B. 2399
(By Delegates Susman and Hubbard)
[Introduced February 21, 2001; referred to the
Committee on Pensions and Retirement then Finance.]
A BILL to amend article seven-a, chapter eighteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-eight, relating to the public employees retirement
act; and permitting retired teachers to substitute teach an
unlimited number of days without losing retirement benefits.
Be it enacted by the Legislature of West Virginia:
That article seven-a, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-eight, to read as follows:
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-38. Retirants permitted unlimited number of days of substitute teaching without reduction of monthly
retirement benefits.
The Legislature hereby finds and declares that due to a
shortage of qualified substitute teachers, a compelling state
interest exists in permitting retired teachers to provide service
as substitute teachers. Notwithstanding any other provision of
this code, a person receiving retirement benefits under
provisions of this article may accept employment as a substitute
teacher for an unlimited number of days each year without
affecting the monthly retirement benefit to which the retirant is
otherwise entitled. For the purpose of this section, "substitute
teacher" means a person employed by the county board of education
for instructional purposes in a public school in this state who
is temporarily fulfilling the duties of an existing person
employed in a specific position who is temporarily absent from
that specific position.
NOTE: The purpose of this bill is to permit retired
teachers to substitute teach an unlimited number of days without
losing retirement benefits.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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