169.596. Retired teacher may teach full time without loss of retirement benefits, when — school district requirements.

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169.596. Retired teacher may teach full time without loss of retirement benefits, when — school district requirements. — 1. Notwithstanding any other provision of this chapter to the contrary, a retired certificated teacher receiving a retirement benefit from the retirement system established pursuant to sections 169.010 to 169.141 may, without losing his or her retirement benefit, teach full time for up to four years for a school district covered by such retirement system; provided that the school district has a shortage of certified teachers, as determined by the school district, and provided that no such retired certificated teacher shall be employed as a superintendent.

The total number of such retired certificated teachers shall not exceed, at any one time, the greater of one percent of the total certificated teachers and noncertificated staff for that school district, or five certificated teachers.

2. Notwithstanding any other provision of this chapter to the contrary, a person receiving a retirement benefit from the retirement system established pursuant to sections 169.600 to 169.715 may, without losing his or her retirement benefit, be employed full time for up to four years for a school district covered by such retirement system; provided that the school district has a shortage of noncertificated employees, as determined by the school district. The total number of such retired noncertificated employees shall not exceed, at any one time, the lesser of ten percent of the total noncertificated staff for that school district, or five employees.

3. The employer's contribution rate shall be paid by the hiring school district.

4. In order to hire teachers and noncertificated employees pursuant to the provisions of this section, the school district shall:

(1)Show a good faith effort to fill positions with nonretired certificated teachers or nonretired noncertificated employees;

(2)Post the vacancy for at least one month;

(3)Have not offered early retirement incentives for either of the previous two years;

(4)Solicit applications through the local newspaper, other media, or teacher education programs;

(5)Determine there is an insufficient number of eligible applicants for the advertised position; and

(6)Declare a critical shortage of certificated teachers or noncertificated employees that is active for one year.

5. Any person hired pursuant to this section shall be included in the State Directory of New Hires for purposes of income and eligibility verification pursuant to 42 U.S.C. Section 1320b-7.

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(L. 2003 H.B. 346 & 174, A.L. 2005 S.B. 287, A.L. 2023 S.B. 20 merged with S.B. 75)