Senate Bill No. 28

Introduced By hertel

A Bill for an Act entitled: "An Act requiring that at least one of the two appointees from the teaching profession to the Teachers' Retirement Board be actively employed as a public school classroom teacher; defining "classroom teacher"; amending section

2-15-1010, MCA; and providing an immediate effective date and an applicability date."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 2-15-1010, MCA, is amended to read:

"2-15-1010.   Teachers' retirement board -- terms -- allocation -- definition. (1) There is a teachers' retirement board.

(2)  The board consists of six members appointed by the governor, as follows:

(a)  the superintendent of public instruction;

(b)  two persons appointed from the teaching profession who, when appointed, are active members of the retirement system;. At least one of the two appointees must be actively employed as a public school classroom teacher and shall hold a class 1, 2, or 4 certificate pursuant to 20-4-106.

(c)  two persons appointed as representatives of the public;

(d)  one member who shall must be a retired teacher who was a member of the retirement system at the time of retirement.

(3)  Each appointed member of the board shall serve a term of 4 years. Each appointed member shall take and subscribe to the oath prescribed by section 3 of Article III, section 3, of the Montana constitution of the state. The oath shall must be filed in the office of the secretary of state.

(4)  The board is allocated to the department for administrative purposes only as prescribed in 2-15-121. However, the board may hire its own personnel, and 2-15-121(2)(d) does not apply.

(5) As used in this section, "classroom teacher" means a staff member assigned professional activities of instructing pupils in self-contained classes or courses or in classroom situations."

NEW SECTION. Section 2.  Effective date -- applicability. [This act] is effective on passage and approval and applies to an appointment made on or after [the effective date of this act].