19-20-806. (Temporary) Reemployment of certain retired teachers, specialists, or administrators -- limitations -- employer defined. (1) Subject to the provisions of this section:
     (a) a teacher, specialist, or administrator who has been receiving a retirement allowance, except a disability retirement allowance pursuant to part 9 of this chapter, for at least 12 months may be employed on a part-time or full-time basis by an employer without the loss or interruption of any payments of retirement benefits if:
     (i) the member holds a valid certificate under the provisions of 20-4-106; and
     (ii) the employer provides evidence to the office of public instruction each year that the employer has been unable to fill the position because the employer has received no applications for the open position or has not received an acceptance to an offer to fill the position from a nonretired teacher, specialist, or administrator;
     (b) an employer shall by the 15th day of each month report to the office of public instruction and to the teachers' retirement system the name, social security number, and gross earnings of each teacher, specialist, or administrator employed in the preceding month under the provisions of this section;
     (c) a retired member reemployed under this section is ineligible for active membership under 19-20-302; and
     (d) the office of public instruction and the teachers' retirement system shall report to the appropriate committee in the 2007 legislative session regarding the implementation and results of this section.
     (2) A retiree reemployed pursuant to this section must be considered an active member for the purposes of calculating retirement system contributions required under 19-20-604 and 19-20-605.
     (3) A retiree reemployed pursuant to this section is exempt from the earnings and employment limits provided in 19-20-804(2) through (5).
     (4) If reemployed in a position covered by a collective bargaining agreement pursuant to Title 39, chapter 31, the retiree is subject to all terms and conditions of the agreement and is entitled to all benefits and protections provided by the agreement.
     (5) The board may adopt rules to implement this section.
     (6) As used in this section, "employer" means a public school district, as defined in 20-6-101 and 20-6-701, youth correctional facilities, special education cooperatives, and the Montana school for the deaf and blind. (Terminates July 1, 2006--sec. 6, Ch. 120, L. 2003.)

     History: En. Sec. 1, Ch. 120, L. 2003.