§ 16-16-24. Substitute teaching and employment after retirement. (a) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the teacher is receiving, or may receive, as a retired teacher. Notice of the employment shall be sent monthly to the state retirement board by the school committee employing the teacher and by the employer and by the retired teacher at the end of each teaching assignment.

(b) Any teacher or athletic coach certified pursuant to chapter 11.1 of this title, who has retired under the provisions of any law of this state, may be employed to fill a vacant position (including, but not limited to, employment as a tutor, mentor principal, or mentor assistant principal) by any state school or public school of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances he or she is receiving, or may receive, as a retiree. Notice of the employment shall be sent monthly to the state retirement board by the employer and by the retired teacher. Provided, however, that no employment may be offered to a retiree subject to this section after July 1, 2002, unless the employer has made a good-faith effort each school year to fill the position with a nonretired employee without success, and certifies, in writing, that it has done so to the employees' retirement system and to the bargaining agents of all education unions with whom the employer has collective-bargaining agreements.

(c) Any retired teacher or athletic coach may be employed pursuant to subsections (a) and (b), but in no event shall employment exceed ninety (90) days.

(d) The calculation of the ninety-day (90) period in any one school year shall be determined by either of the following methods:

(1) Three (3) hours shall constitute a half day and the number of half days shall be limited to one hundred eighty (180) half days, which shall be the equivalent of ninety (90) full days; or

(2) Each period per day shall constitute one-fifth (1/5) of a teaching day. Any teacher hired to teach two (2) periods per day shall be deemed to have worked seventy-two (72) full days per year. The computation is two-fifths times one hundred eighty (2/5 x 180) school days per year, which shall be equivalent to seventy-two (72) full days per year.

(e) Any retired member of the employees retirement system of Rhode Island under title 36 or 45, who is certified as a substitute teacher, may substitute as a teacher at state schools and in the public schools of this state for a period of no more than ninety (90) days in any one school year without any forfeiture of, or reduction in, the retirement benefits and allowances the substitute teacher is receiving, or may receive, as a retiree under any title. The other provisions of subsections (b) through (d) shall also be deemed to apply.

History of Section. (R.P.L. 1957, ch. 71, § 1; P.L. 1967, ch. 193, § 1; P.L. 1985, ch. 257, § 1; P.L. 1988, ch. 84, § 48; P.L. 2000, ch. 334, § 1; P.L. 2000, ch. 458, § 1; P.L. 2001, ch. 199, § 1; P.L. 2001, ch. 289, § 1; P.L. 2002, ch. 383, § 1; P.L. 2003, ch. 155, § 1; P.L. 2003, ch. 156, § 1; P.L. 2016, ch. 429, § 1; P.L. 2016, ch. 430, § 1.)