New Model Policy
Click here to choose a school board.
Monitoring:
Descriptor Term:
Descriptor Code:
Issued Date:
5.119
Review: Annually, in
January
Employment of Retirees
Rescinds:
Issued:
1
General
2
The Director of Schools may hire a retired individual if certain conditions are met as provided for in
3
state law.
4
EMPLOYMENT CONTRACTS FOR UP TO 120 DAYS
5
Teachers who retire under the Tennessee Consolidated Retirement System (TCRS) may be employed
6
for up to one hundred twenty (120) days per year without loss of retirement benefits. Retired teachers
7
may substitute teach for additional days if the Director of Schools certifies in writing to the Division of
1
8
Retirement that no other qualified personnel are available to substitute teach.
9
EMPLOYMENT CONTRACTS FOR ONE YEAR
10
The Director of Schools may employ teachers retired for at least one (1) year for full-time employment
11
as a kindergarten through twelfth (K-12) grade teacher on a year-to-year basis. Retirement benefits will
12
not be lost or suspended under certain conditions which include, but are not limited to, the following: 2
13
1. The Director of Schools of the employing district shall certify in writing that no other qualified
14
individuals are available to fill the position;
15
16
2. The Commissioner of Education shall certify that the employing school district serves an area
17
that lacks qualified teachers to serve in the position to be filled;
18
19
3. The retired teacher shall hold a valid license and shall not be entitled to tenure status;
20
21
4. The retired teacher shall not be eligible to accrue additional retirement benefits, accrue leave, or
22
receive medical insurance coverage; and
23
24
5. The salary paid to the retired teacher shall not be less than the rate of compensation set by the
25
Board for teachers with no experience filling similar positions or more than eighty-five percent
26
(85%) of the rate of compensation set by the Board for teachers with comparable training and
27
years of experience filling similar positions.
Version Date: June 20, 2022
Employment of Retirees
5.119
1
ADDITIONAL EMPLOYMENT OPTION FOR RETIREES³
2
Retired members of TCRS or a similar system may be offered reemployment for up to one (1) year as
3
a kindergarten through twelfth (K-12) grade teacher, substitute teacher, or bus driver under the
4
following conditions:
5
1. The retired member has been retired for at least sixty (60) calendar days;
6
7
2. The retirement benefit payable to the retired member is reduced to seventy percent (70%) of the
8
retirement allowance;
9
10
3. The retired member's employment can't be longer than a one (1) year period; however, the
11
retired member can be reemployed for additional one (1) year periods;
12
13
4. The retired member is not drawing disability retirement benefits; and
14
15
5. The retired member can't accrue additional retirement benefits.
16
The Director of Schools shall notify TCRS of the member's reemployment and certify in writing that
17
the retired member has the required experience and training for the position and that no other qualified
18
persons are available to fill the position.
19
Once the retired member is hired by the district, the district shall pay TCRS as prescribed by state law.
20
The school district shall pay to TCRS during the period of reemployment the greater of (1) a payment
21
equal to the amount the school district would have contributed to TCRS; or (2) an amount equal to five
22
percent (5%) of the retired member's pay rate.
23
Legal References
Cross References
1.
TCA 8-36-805
Application and Employment 5.106
2.
TCA 8-36-821
Substitute Teachers 5.701
3.
Public Acts of 2022, Chapter No. 821
Page 2 of 2

## Table 1

|  | Click here to choose a school | board. |  |
| --- | --- | --- | --- |
| Monitoring: Review: Annually, in | Descriptor Term: | Descriptor Code: 5.119 | Issued Date: |
| January | Employment of Retirees | Rescinds: | Issued: |

## Table 2

| Legal References | Cross References |
| --- | --- |
| 1. TCA 8-36-805 2. TCA 8-36-821 3. Public Acts of 2022, Chapter No. 821 | Application and Employment 5.106 Substitute Teachers 5.701 |