SENATE DOCKET, NO. 2891        FILED ON: 12/20/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Edward J. Kennedy

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to education and critically low staffing levels in schools.

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PETITION OF:

SENATE DOCKET, NO. 2891        FILED ON: 12/20/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to education and critically low staffing levels in schools.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

PREAMBLE: School districts across our state are feeling the impact of widespread staffing shortages that negatively affect the day-to-day instruction of our Commonwealth’s students. Legislative action is necessary to maintain proper staffing levels to ensure the continued education of Massachusetts students.

SECTION 1. Notwithstanding any general or special law to the contrary, subsections (b) and (c) of section 91 of chapter 32 of the General Laws shall not apply to the following 2 categories of persons for hours worked and earnings received during calendar years 2022, 2023 and 2024:

(i) any teacher or support staff employee who has been retired and who is receiving a pension or retirement allowance, pursuant to said chapter 32 or any other general or special law, from the commonwealth or a county, city, town, district or authority; or

(ii) any teaching or support staff personnel whose employment in the service of the commonwealth or a county, city, town, district or authority has been terminated, pursuant to said chapter 32 or any other general or special law, by reason of having attained an age specified in said general or special law or by the rules and regulations of any department or agency of the commonwealth or a county, city, town, district or authority without being entitled to any pension or retirement allowance.

These 2 categories of persons may, during the calendar years 2022, 2023 and 2024 and subject to all other laws, rules and regulations governing the employment of persons in the commonwealth or a county, city, town, district or authority, be employed in the service of the commonwealth or a county, city, town, district or authority, including as a consultant or independent contractor or as a person whose regular duties require that such person’s time be devoted to the service of the commonwealth, county, city, town, district or authority during regular business hours.

SECTION 2. Definitions

''Teacher'', any person who was employed by an individual school or local education agency and has met the Massachusetts Teachers Retirement System eligibility criteria and qualified for a pension under IRC section 401(a) and established in Massachusetts by M.G.L. c. 32, §2.

“Support staff”, any person was employed by an individual school or local education agency in a role that primarily provides support services to students, including but not limited to school adjustment counselors and social workers, psychologists, and psychiatrists, and who qualified for a pension under IRC section 401(a) and established in Massachusetts by M.G.L. c. 32, §2.

SECTION 3. This section shall not apply to individuals retired under a general or special law on disability.