STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Senator MICHAEL J. DOHERTY
District 23 (Hunterdon, Somerset and Warren)
SYNOPSIS
Provides that a teaching staff member dismissed by a district due to a reduction in force who subsequently retires must be removed from preferred eligible lists and has no right of reemployment.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the dismissal of teaching staff members and amending N.J.S.18A:28-12.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. N.J.S.18A:28-12 is amended to read as follows:
18A:28-12. [If] a. Except as otherwise provided in subsection b. of this section, if any teaching staff member shall be dismissed as a result of such reduction, such person shall be and remain upon a preferred eligible list in the order of seniority for reemployment whenever a vacancy occurs in a position for which such person shall be qualified and he shall be reemployed by the body causing dismissal, if and when such vacancy occurs and in determining seniority, and in computing length of service for reemployment, full recognition shall be given to previous years of service, and the time of service by any such person in or with the military or naval forces of the United States or of this State, subsequent to September 1, 1940, and the time of service of any member of the American Merchant Marine during World War II who is declared by the United States Department of Defense to be eligible for federal veterans' benefits, shall be credited to him as though he had been regularly employed in such a position within the district during the time of such military or naval service, except that the period of that service shall not be credited toward more than four years of employment or seniority credit.
b. A teaching staff member shall be removed from all preferred eligible lists and shall not be eligible for reemployment pursuant to this section if the person has been granted a retirement allowance from any State-administered retirement system or fund.
(cf: P.L.1991, c.389, s.3)
2. This act shall take effect immediately.
STATEMENT
This bill provides that in the case of a teaching staff member who is dismissed by a school district as a result of a reduction in force, the person, upon retirement, will be removed from preferred eligible lists and will have no right of reemployment in the district which dismissed him in the event that a vacancy occurs within the district.
A “teaching staff member” is defined by law as “a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer.”