H. B. 2279
(By Delegates Beach, Marshall and Mathews)
[Introduced February 19, 2001; referred to the
Committee on Education 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 state teachers retirement
system; and permitting retired teachers to substitute teach
during the fiscal year their retirement begins and 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 or any rule to the contrary, a person receiving
retirement benefits under provisions of this article or who is
entitled to retirement benefits during the fiscal year in which
that person retired 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 beginning in the fiscal year in which the
teacher retired and to substitute an unlimited number of days
without losing retirement benefits.
This section is new; therefore, strike-throughs and
underscoring have been omitted.