H. B. 2569
(By Delegates Trump, Faircloth, Douglas,
Overington, Doyle and Manuel )
[Introduced
February 27, 2001
; referred to the
Committee on Education then Finance.]
A BILL to amend article ten, chapter five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section fifty-six;
and to amend article seven-a, chapter eighteen, by adding
thereto a new section, designated section thirty-eight, all
relating to the public employees retirement act; 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 ten, chapter five of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section fifty-six; and
that article seven-a, chapter eighteen be amended by adding thereto a new section, designated section thirty-eight, all to read as
follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 10. WEST VIRGINIA PUBLIC EMPLOYEES RETIREMENT ACT.
§5-10-56. Retirants permitted unlimited number of days of
substitute teaching without reduction of normal
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 retirant may accept employment as a substitute teacher
for an unlimited number of days each year without affecting the
normal monthly retirement benefit to which the retirant is
otherwise entitled.
CHAPTER 18. EDUCATION.
ARTICLE 7A. STATE TEACHERS RETIREMENT SYSTEM.
§18-7A-38. Retirants permitted unlimited number of days of
substitute teaching without reduction of normal 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 retirant may accept employment as a substitute teacher
for an unlimited number of days each year without affecting the
normal monthly retirement benefit to which the retirant is
otherwise entitled.
NOTE: The purpose of this bill is to remove the limitation of
no more than 100 days that a retired teacher may substitute teach
before losing retirement benefits.
§§5-10-56 and 18-7A-38 are new; therefore, strike-throughs and
underscoring have been omitted.