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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BEYER, BRENNAN, GEIST, GOODMAN, HARHAI, KIRKLAND, KOTIK, MELIO, MENSCH, MURT, READSHAW, SCAVELLO, SIPTROTH AND SWANGER, FEBRUARY 23, 2009 |
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| REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 23, 2009 |
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| AN ACT |
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1 | Amending Title 24 (Education) of the Pennsylvania Consolidated |
2 | Statutes, further providing for termination of annuities. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 8346(b) of Title 24 of the Pennsylvania |
6 | Consolidated Statutes is amended and the section is amended by |
7 | adding a subsection to read: |
8 | § 8346. Termination of annuities. |
9 | * * * |
10 | (b) Return to school service during emergency.-- |
11 | (1) When, in the judgment of the employer, an emergency |
12 | creates an increase in the work load such that there is |
13 | serious impairment of service to the public or in the event |
14 | of a shortage of appropriate subject certified teachers or |
15 | other personnel, an annuitant may be returned to school |
16 | service for a period not to extend beyond the school year |
17 | during which the emergency or shortage occurs, without loss |
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1 | of his annuity. The annuitant shall not be entitled to earn |
2 | any credited service, and no contributions may be made by the |
3 | annuitant, the employer or the Commonwealth on account of |
4 | such employment. |
5 | (2) An employer shall pay an annuitant who is returning |
6 | to school service under this section no more than 125% of the |
7 | annuitant's last annual salary prior to retirement, less the |
8 | amount of the annual annuity payments from the system. |
9 | (3) Upon opting to hire an annuitant on an emergency |
10 | basis, the employer shall provide the department with |
11 | appropriate documentation of efforts to find a replacement, |
12 | the shortage of qualified applicants, the emergency created |
13 | by an unfilled position and duties that cannot be performed |
14 | by other active employees. |
15 | (4) An emergency return to service shall be subject to |
16 | approval by the department, which approval shall be |
17 | contingent on: |
18 | (i) Verification that the employer has made a bona |
19 | fide attempt to locate a nonannuitant replacement. |
20 | (ii) Certification by the employer that an emergency |
21 | would be created if a position went unfilled during the |
22 | search for a replacement. |
23 | (iii) Determining whether emergency employment can |
24 | be avoided by requiring the assistant superintendent or |
25 | other administrator to temporarily assume the duties of |
26 | the unfilled position until a replacement can be hired. |
27 | (5) An employer may temporarily employ an annuitant on |
28 | an emergency basis according to the 125% requirement until |
29 | the department completes its review as required under this |
30 | section. Once the department makes a determination regarding |
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1 | an emergency return to service, the employer shall comply |
2 | with the decision immediately upon notification. |
3 | (6) The department shall maintain a record of all |
4 | requests for emergency return to service of annuitants and |
5 | report such requests to the chair and minority chair of the |
6 | Education Committee of the Senate and the chair and minority |
7 | chair of the Education Committee of the House of |
8 | Representatives annually. |
9 | (7) The department shall promulgate regulations |
10 | establishing criteria for approval of a request for emergency |
11 | return to service and may further define "emergency" to |
12 | ensure that the intent of this section is carried out. |
13 | (8) If a violation of the salary limitations provided |
14 | under this section occurs, the annuitant shall be obligated |
15 | to return any excess wages to the employer within 90 days. |
16 | * * * |
17 | (e) Definitions.--As used in this section, "emergency" means |
18 | the period of time in which an unfilled position cannot be |
19 | filled by a nonannuitant through efforts established under |
20 | subsection (b) and where the unfilled position will |
21 | significantly impact student achievement, school operations or a |
22 | school entity's ability to offer an education consistent with |
23 | State law and regulation. |
24 | Section 2. This act shall take effect in 60 days. |
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