23.0838.01000
Sixty-eighth
Legislative Assembly SENATE BILL NO. 2258
of North Dakota
Introduced by
Senators Paulson, Beard
Representatives Heilman, Hoverson, Louser
1 A BILL for an Act to create and enact section 15-39.1-19.3 of the North Dakota Century Code,
2 relating to retired teachers benefits if returning to teach in a critical shortage area.
3 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
4 SECTION 1. Section 15-39.1-19.3 of the North Dakota Century Code is created and
5 enacted as follows:
6 15-39.1-19.3. Retired teachers immediate return to active service - Critical shortage in
7 unfilled positions - Rules.
8 1. A retired teacher who is receiving a retirement annuity under chapter 15-39, 15-39.1,
9 or 15-39.2 may elect to return to teaching without losing any benefits under the
10 provisions of this section or elect to return to teaching under the provisions of section
11 15-39.1-19.1. To return to teaching under this section, a retired teacher shall:
12 a. Return to teach in a school district that has an unfilled opening in a critical
13 shortage area;
14 b. Sign a contract after August first of the current academic year if the school district
15 has conducted a thorough search and no other qualified applicant has accepted
16 the position; and
17 c. Notify the fund office in writing within ten days of the retired member's return to
18 covered employment. The retired member's employer also shall notify the fund
19 office in writing within ten days of the retired member's return to covered
20 employment.
21 2. A retired teacher who returns to teaching under this section shall pay the member
22 contributions required by section 15-39.1-09 on the salary of the retired member. The
23 member contributions must be included in the retired member's account value and
24 may not be refunded except as provided under section 15-39.1-17. A retired teacher
Page No. 1 23.0838.01000
 Sixty-eighth
Legislative Assembly
1 who returns to teaching under this section must be treated as retired for all other
2 purposes under this chapter. A retired teacher may not earn any additional service
3 during the period of re-employment. The retired teacher's benefits may not be
4 adjusted to reflect changes in the retired teacher's age or final average monthly salary
5 at the end of the period of re-employment, any optional form of payment elected under
6 section 15-39.1-16 remains effective during and after the period of re-employment,
7 and additional benefits normally available to an active member, such as disability
8 benefits, are not available to a retired teacher re-employed under this section.
9 3. A participating employer that employs a retired member under this section shall pay
10 the employer contributions required by section 15-39.1-09 on the salary of the retired
11 member.
Page No. 2 23.0838.01000