There are a few things in school law that I try to avoid.  PEIMS is at the top of the list, but close behind is “retire/rehire.”  Fortunately, there are people in my law firm who understand this stuff well.  Shellie Hoffman Crow recently wrote a summary of the law pertaining to retire/rehire in Time Out, the newsletter we send to our clients.

The main thing to keep in mind is that there are different rules that apply depending on when the person retired.  The critical date is January 1, 2011, which is easy to remember (1-1-11).

Also, there may be “surcharges” that the employing district is responsible for.  Here, the critical date is September 1, 2005.  If the employee retired after that date, surcharges are likely.  There are exceptions for substitutes and those employed less than half time.

TRS requires a monthly certified statement of employment and there are serious (i.e., criminal) consequences for knowingly failing to file this report. Yikes!

In making decisions about how to treat retire/rehire people, you always have to be sure that your decisions will not be viewed as discriminating against those over 40, and you can expect that most (all?) of your retire/rehires are going to be in that cohort.

Finally, how you handle insurance can be complicated.

That’s all I know. If you have questions about this one, please don’t call me. Call Shellie.

DAWG BONE: RETIRE/REHIRE LOOKS LIKE IT’S HERE TO STAY.