Senior Deputy Director of Legal Services Jennifer A. Hardin and Staff Attorney John Price discuss a retiring school employee who would like to be rehired into the same position they are leaving. What technical aspects must school boards consider before deciding if such a rehire is advantageous to their…
Under RC 3307.35(B), a former teacher receiving retirement benefits from the State Teachers Retirement System (STRS) may be employed again as a teacher in the public schools. Teachers that choose to work in a public position within the first two months of retirement forfeit their monthly retirement benefits for the months worked. In the past, STRS has held that the amount of compensation paid to the retiree has no impact on whether the teacher loses their retirement benefits. In other words, retirees who volunteered their services…
With the end of the school year just around the corner and the conclusion of the fiscal year soon after, many school districts are searching for ways to tighten their belts. Rehiring retirees, while often controversial locally, is one option that a district might consider. School boards can renegotiate contracts in order to gain more control over costs, all while retaining experienced personnel. If a board of education decides to pursue a strategy of rehiring retirees, it must follow certain guidelines in order to comply with Ohio law.
Ohio Revised Code sections 3307.353 and 3309.…