Q Section 37-19-7(1) (as amended by Senate Bill 2050) provides in part that “school districts are authorized, in their discretion, to negotiate the salary levels applicable to certificated employees who are receiving retirement benefits from the retirement system of another state, and the annual experience increment provided above in Section 37-19-7 shall not be applicable to any such retired certificated employee.” Can retired in-state personnel be treated differently than out-of-state personnel when school districts hire them as certified employees?

A Persons receiving PERS benefits are subject to the limitations of Section 25-11-127 when they are reemployed as certified employees of a school district. Retirees of other states are not subject to the limitation of Section 25-11-127. (Attorney General’s Opinion to Gunnell dated July 16, 2009)