Bill Text: MI HB5497 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Retirement; public school employees; employment of certain retired teachers; allow without forfeiting retirement benefits. Amends sec. 61 of 1980 PA 300 (MCL 38.1361).
Spectrum: Moderate Partisan Bill (Democrat 29-6)
Status: (Introduced - Dead) 2020-02-20 - Bill Electronically Reproduced 02/20/2020 [HB5497 Detail]
Download: Michigan-2019-HB5497-Introduced.html
HOUSE BILL NO. 5497
February 19, 2020, Introduced by Reps. Kennedy,
Brenda Carter, Stone, Sneller, Koleszar, Camilleri, Brixie, Ellison,
Hertel, Miller, Wittenberg, Tyrone Carter, Hood, Bellino, Peterson, Garza,
Manoogian, Kuppa, Elder, Howell, Haadsma, Sowerby, Clemente, Frederick,
Green, Shannon, Garrett, Hoadley, Cambensy, Chirkun, Anthony, Tate,
Paquette, Cynthia Johnson and Coleman and referred to the Committee on Education.
A bill to amend 1980 PA 300, entitled
"The public school employees retirement act of 1979,"
by amending section 61 (MCL 38.1361), as amended by 2018 PA 482.
the people of the state of michigan enact:
Sec. 61. (1)
Except as otherwise provided in this section, if a retirant is receiving a
retirement allowance other than a disability allowance payable under this act
or under former 1945 PA 136, on account of either age or years of personal
service performed, or both, and becomes employed by a reporting unit, the
following must occur:
(a) The
retirant is not entitled to a new final average compensation or additional
service credit under this retirement system unless additional service is
performed equivalent to 5 or more years of service credit or, if the retirant
has contributed to the member investment plan, the equivalent of 3 or more
years of service credit. The retirant may elect to have the retirement
allowance recomputed based on the added credit or the final average
compensation resulting from the added service, or both. A retirement allowance
must not be recomputed until the retirant pays into the retirement system an
amount equal to the retirant's new final average compensation multiplied by the
percentage determined under section 41(2) for normal cost and unfunded
actuarial accrued liabilities, not including the percentage required for the
funding of health benefits, multiplied by the total service credit in the
period in which the retirant's additional service was performed.
(b) The
retirant's retirement allowance must be reduced by the lesser of the amount
that the earnings in a calendar year exceed the amount permitted without a
reduction of benefits under the social security act, chapter 531, 49 Stat 620,
or 1/3 of the retirant's final average compensation. For purposes of computing
allowable earnings under this subdivision, the final average compensation must
be increased by 5% for each full year of retirement.
(2) The
retirement system may offset retirement benefits payable under this act against
amounts owed to the retirement system by a retirant or retirement allowance
beneficiary.
(3) Subsection
(1) does not apply to a retirant if all of the following circumstances exist:
(a) The
retirant is a former teacher or administrator employed in a teaching or
research capacity by a university that is considered a reporting unit for the
limited purpose described in section 7(3). A university that employs a retirant
under this subsection shall report that employment to the retirement system by
July 1 of each year. The university shall include in the report the name of the
retirant, the capacity in which the retirant is employed, and the total annual
compensation paid to the retirant.
(b) The
retirant is not eligible to use any service or compensation attributable to the
employment described in subdivision (a) for a recomputation of his or her
retirement allowance.
(4) Not later than April 1 of each year, the
superintendent of public instruction shall compile a listing of critical
shortage disciplines based on evidence of a shortage for each discipline. The
department of education shall post the listing and the accompanying evidence on
its website. If a discipline is not included in the listing of critical shortage
disciplines, 2 or more contiguous reporting units may submit a written request
to the superintendent of public instruction to add a discipline to the listing.
The request must include evidence of a shortage of the discipline in those
contiguous reporting units. If the superintendent of public instruction
determines that there is a shortage of the discipline in those contiguous
reporting units, the superintendent of public instruction shall add the
discipline to the listing. A discipline added under a request under this
subsection applies only to those contiguous reporting units. For purposes of
this subsection, a reporting unit that is a public school academy is considered
contiguous to any other reporting unit in which the public school academy is located.
(5) Until July 1, 2021, subsection (1) does not
apply to a retirant if all of the following circumstances exist:
(a) The retirant is employed by a reporting unit
that has a situation, not including a situation caused by a labor dispute, that
necessitates the hiring of the retirant in an area that has been identified by
the superintendent of public instruction as a critical shortage discipline
under subsection (4).
(b) The retirant is employed under any situation
described in subdivision (a) for a period not to exceed 3 years for that
retirant.
(c) The retirant is not eligible to use any
service or compensation attributable to the employment described in subdivision
(a) for a recomputation of his or her retirement allowance.
(d) The reporting unit pays 100% of the
contribution rates for the unfunded actuarial accrued liability for retiree
health care and the unfunded actuarial accrued liability for pension to the
retirement system for each retirant who becomes employed by a reporting unit
under this subsection.
(6) Subsection (5) only applies for retirants who
have been retired for at least 12 months before becoming employed under this
section.
(7) Notwithstanding any other provision of this
act to the contrary, for a retirant who retires after June 30, 2010, and
following a bona fide termination, including not working in the month of the
retirant's retirement effective date, and who becomes employed by a reporting
unit and the retirant's amount of earnings in a calendar year exceeds 1/3 of
the retirant's final average compensation, the retirant forfeits his or her
retirement allowance and the retirement system subsidy for health care benefits
from the retirement system for the entire month of each month in which the
retirant is employed at the reporting unit unless the retirant is employed as
described in subsection (5), (9), (10), (11), or (13). A retirant who has
forfeited the retirement system subsidy for health care benefits under this
subsection and who wants to retain health care benefits shall pay the
retirant's and retirement system's costs for the health care benefits. The
retirement allowance and retirement system subsidy for health care benefits
must resume without recalculation on the first of the month following the month
in which the retirant has terminated reporting unit employment.
(8) Notwithstanding any other provision of this
act to the contrary, for a retirant who retires after June 30, 2010, who
performs core services at a reporting unit as determined by the retirement
system, subject to the definition of core services in this subsection, but who
is employed by an entity other than the reporting unit or is an independent
contractor, the retirant forfeits his or her retirement allowance and the
retirement system subsidy for health care benefits from the retirement system
for the entire month of each month in which the retirant is performing core
services at the reporting unit, unless the retirant is employed as described in
subsection (9), (10), or (12). A retirant who has forfeited the retirement
system subsidy for health care benefits under this subsection and who wants to
retain health care benefits shall pay the retirant's and retirement system's
costs for the health care benefits. The retirement allowance and retirement
system subsidy for health care benefits must resume without recalculation on
the first of the month following the month in which the retirant has terminated
performing core services, as described in this subsection. As used in this
subsection, "core services" does not include custodial, food, or
transportation services.
(9) Until July 1, 2021, subsection (1) does not
apply to a retirant who retires after June 30, 2010 and before September 2,
2017; who following a bona fide termination, including not working in the month
of his or her retirement effective date, becomes employed as a substitute
teacher by a reporting unit, by an entity other than the reporting unit, or as
an independent contractor; and whose amount of earnings attributable to
employment by or at a reporting unit in a calendar year does not exceed 1/3 of
his or her final average compensation. A retirant described in this subsection
is not eligible to use any service or compensation attributable to the
employment described in this subsection for a recomputation of his or her
retirement allowance. The reporting unit at which the retirant provides
substitute teacher services described in this subsection shall pay 100% of the
contribution rates for the unfunded actuarial accrued liability for retiree
health care and the unfunded actuarial accrued liability for pension to the
retirement system for the employment described in this subsection. The
reporting unit shall report the engagement of substitute teachers to the
retirement system at the same interval the reporting unit reports information
to the retirement system with regard to its other employees. The reporting unit
shall include in the report the name of the substitute teacher and the total
earnings paid to the substitute teacher for that reporting period. In order to
comply with the reporting requirements of this subsection, a reporting unit
that engages substitute teachers through an entity other than a reporting unit
or as independent contractors shall obtain from the substitute teacher's
employer a list of all substitute teachers the employer supplies to that
reporting unit and the total earnings paid to each substitute teacher for the
reporting period. An employer other than a reporting unit that employs
substitute teachers as described in this subsection shall provide to the
reporting unit all information that the reporting unit is required to report to
the retirement system under this subsection. For the purposes of this
subsection, an employer includes an independent contractor.
(10) Until July 1, 2021, subsection (1) does not
apply to a retirant who retires after June 30, 2010 and before September 2,
2017; who following a bona fide termination, including not working in the month
of his or her retirement effective date, becomes employed as an instructional
coach or a school improvement facilitator by an entity other than the reporting
unit or as an independent contractor; and whose amount of earnings attributable
to employment at a reporting unit in a calendar year does not exceed 1/3 of his
or her final average compensation. A retirant described in this subsection is
not eligible to use any service or compensation attributable to the employment
described in this subsection for a recomputation of his or her retirement
allowance. The reporting unit at which the retirant provides the services
described in this subsection shall pay 100% of the contribution rates for the
unfunded actuarial accrued liability for retiree health care and the unfunded
actuarial accrued liability for pension to the retirement system for the
employment described in this subsection. The reporting unit shall report the
engagement of instructional coaches or school improvement facilitators to the
retirement system at the same interval the reporting unit reports information
to the retirement system with regard to its other employees. The reporting unit
shall include in the report the name of the instructional coach or school
improvement facilitator and the total earnings paid to the coach or facilitator
for that reporting period. In order to comply with the reporting requirements
of this subsection, a reporting unit shall obtain from the coach's or
facilitator's employer a list of all instructional coaches and school
improvement facilitators the employer supplies to that reporting unit and the
total earnings paid to each coach or facilitator for the reporting period. An
employer other than a reporting unit that employs instructional coaches or
school improvement facilitators as described in this subsection shall provide
to the reporting unit all information that the reporting unit is required to
report to the retirement system under this subsection. For the purposes of this
subsection, an employer includes an independent contractor. As used in this
subsection, "instructional coach" and "school improvement
facilitator" mean those terms as used in the listing of critical shortage
disciplines developed by the superintendent of public instruction under
subsection (4).
(11) Subsection (1) does not apply to a retirant
who is a former teacher or administrator who retires after June 30, 2010 and
before October 2, 2014, who following a bona fide termination, including not
working in the month of his or her retirement effective date, becomes employed
in a teaching or research capacity or in a program-department direction
capacity by a university that is considered a reporting unit for the limited
purpose described in section 7(3). A retirant described in this subsection is
not eligible to use any service or compensation attributable to the employment
described in this subsection for recomputation of his or her retirement
allowance. The reporting unit at which the retirant provides the services
described in this subsection shall pay 100% of the contribution rates for the
unfunded actuarial accrued liability for retiree health care and the unfunded
actuarial accrued liability for pension to the retirement system for the
employment described in this subsection. The reporting unit shall report the
employment of a retirant as described in this subsection to the retirement
system by July 1 of each year. The reporting unit shall include in the report
the name of the retirant, the capacity in which the retirant is employed, and
the total annual compensation paid to the retirant.
(12) Until July 1, 2021, notwithstanding any
provision of this act to the contrary, for a retirant who retires after June
30, 2010, who is employed as an independent contractor at a reporting unit for
a situation described in subsection (5)(a) or is employed at a reporting unit
for a situation described in subsection (5)(a) by an entity other than the
reporting unit, who has been retired for at least 12 months before becoming
employed under this subsection, and whose employment under this subsection does
not exceed 3 years, the reporting unit at which the retirant provides services
under this subsection shall pay 100% of the contribution rates for the unfunded
actuarial accrued liability for retiree health care and the unfunded actuarial
accrued liability for pension to the retirement system for the employment
described in this subsection.
(13) Subsection (1) does not apply to a retirant
who retires after June 30, 2010 and before May 11, 2018 and who, following a
bona fide termination, becomes employed by a reporting unit as a school renewal
coach or high impact leadership facilitator as part of a school leadership
support program that is funded by a federal grant awarded before May 10, 2018
and that meets the requirements of subsection (14). A retirant described in
this subsection is not eligible to use any service or compensation attributable
to the employment described in this subsection for a recomputation of his or
her retirement allowance. The reporting unit shall pay 100% of the contribution
rates for the unfunded actuarial accrued liability for retiree health care and
the unfunded actuarial accrued liability for pension to the retirement system
for the employment described in this subsection. The reporting unit shall
report the engagement of school renewal coaches or high impact leadership
facilitators to the retirement system at the same interval the reporting unit
reports information to the retirement system with regard to its other
employees. The reporting unit shall include in the report the name of the
school renewal coach or high impact leadership facilitator and the total
earnings paid to the school renewal coach or high impact leadership facilitator
for that reporting period.
(14) Subsection (13) applies to retirants
employed as part of a program that supports teams of school principals and
teacher leaders in elementary schools by doing all of the following:
(a) Providing intense professional development
and support, and money, for renewal projects for teams of school leaders in a
number of project schools that are implementing a set of new literacy
essentials.
(b) Placing a trained team of school renewal
coaches or high impact leadership facilitators in each project school.
(c) Providing a lower level of professional
development support and funding for leaders in additional schools.
(d) Applying a set of proven school leadership
practices for school renewal and sustainable implementation.
(e) Providing training, support, and oversight
for the school renewal coaches or high impact leadership facilitators as a
coordinator or supervisor of that work.
(4) Subsection (1) does not apply to a retirant if all of the following circumstances exist:
(a) The retirant, following a bona fide termination, is employed in a position other than an administrator by a reporting unit, by an entity other than a reporting unit, or as an independent contractor.
(b) The retirant has been retired for at least 30 days before becoming employed as described in subdivision (a).
(c) The retirant is not eligible to use any service or compensation attributable to the employment described in subdivision (a) for a recomputation of his or her retirement allowance.
(d) The reporting unit at which the retirant provides services described in subdivision (a) pays 100% of the contribution rates for the unfunded actuarial accrued liability for retiree health care and the unfunded actuarial accrued liability for pension to the retirement system for the employment described in subdivision (a).
(e) The reporting unit at which the retirant provides services described in subdivision (a) pays a mitigation rate determined by the office of retirement services in consultation with the actuary. The mitigation rate determined under this subdivision must not exceed the normal cost contribution rate calculation under section 41 for the employment described in subdivision (a).
(f) The reporting unit reports the engagement of the retirant to the retirement system at the same interval the reporting unit reports information to the retirement system with regard to its other employees and includes in the report the name of the retirant and the total earnings paid to the retirant for that reporting period. In order to comply with the reporting requirements of this subdivision, a reporting unit that engages the retirant through an entity other than a reporting unit or as an independent contractor shall obtain from the retirant's employer a list of all retirants the employer supplies to that reporting unit and the total earnings paid to each retirant for the reporting period. An employer other than a reporting unit that employs retirants as described in this subdivision shall provide to the reporting unit all information that the reporting unit is required to report to the retirement system under this subdivision. For the purposes of this subdivision, an employer includes an independent contractor.
(5) Subsection (1) does not apply to a retirant if all of the following circumstances exist:
(a) The retirant, following a bona fide termination, is employed as an administrator by a reporting unit, by an entity other than a reporting unit, or as an independent contractor.
(b) The retirant has been retired for at least 30 days before becoming employed as described in subdivision (a).
(c) The retirant is not eligible to use any service or compensation attributable to the employment described in subdivision (a) for a recomputation of his or her retirement allowance.
(d) The reporting unit at which the retirant provides services described in subdivision (a) pays 100% of the contribution rates for the unfunded actuarial accrued liability for retiree health care and the unfunded actuarial accrued liability for pension to the retirement system for the employment described in subdivision (a).
(e) The reporting unit at which the retirant provides services described in subdivision (a) pays a mitigation rate determined by the office of retirement services in consultation with the actuary. The mitigation rate determined under this subdivision must not exceed the normal cost contribution rate calculation under section 41 for the employment described in subdivision (a).
(f) The reporting unit reports the engagement of the retirant to the retirement system at the same interval the reporting unit reports information to the retirement system with regard to its other employees and includes in the report the name of the retirant and the total earnings paid to the retirant for that reporting period. In order to comply with the reporting requirements of this subdivision, a reporting unit that engages the retirant through an entity other than a reporting unit or as independent contractor shall obtain from the retirant's employer a list of all retirants the employer supplies to that reporting unit and the total earnings paid to each retirant for the reporting period. An employer other than a reporting unit that employs retirants as described in this subdivision shall provide to the reporting unit all information that the reporting unit is required to report to the retirement system under this subdivision. For the purposes of this subdivision, an employer includes an independent contractor.
(g) The retirant works in the position described in subdivision (a) for no more than 18 total months.
(6) As used in this section, "administrator" means a superintendent, principal, assistant principal, or chief business officer.
