Bill would let retired teachers return to OPI for up to five years without losing retirement benefits, proponents say

Representative Melissa Nicola Kaus introduced House Bill 349 as a targeted personnel tool to let the Office of Public Instruction hire retired teachers or school leaders for up to five years when advertised positions draw no qualified applicants. The sponsor said the program is limited: it applies only to OPI positions, requires advertising and demonstration that no qualified candidate accepted the role, and is modeled on a similar provision used by certain rural school districts.

Nut graf: Supporters told the committee the change would let OPI "bring back experienced educators" to strengthen the agency's capacity without forcing retirees to forfeit their retirement benefits. Susie Hedlund of OPI said the measure "honors the experience and dedication of Montana's retired teachers and school leaders" and would be used in specific cases where experience from the field is essential. The coalition of education associations noted this approach mirrors language already approved in House Bill 158 earlier in the session for some school districts.

Sean Graham, executive director of the Montana Teachers Retirement System, testified as an informational witness and explained how the provision differs from typical working-retiree rules. Under HB 349, a retiree rehired by OPI would continue to receive their unreduced pension while working for up to five years; employers hiring under the provision would pay combined employer/employee/state contribution rates that the retirement system said helps mitigate actuarial risk. Graham said the provision is modeled on existing statute (19-27-32) used for certain school districts and that the TRS board did not oppose the bill but provided fiscal assumptions for the committee to consider.

During questioning, committee members asked why the bill requires 27 years of credible service; witnesses said the threshold and the five-year lifetime limit are intended to protect the actuarial soundness of TRS and to prevent retirees from immediately retiring to collect benefits and then returning to work. The sponsor recommended the bill "do pass." The transcript records the hearing and sponsor closing remarks; no committee vote was recorded.

Ending: Representative Nicola Kaus closed by urging a due pass; the committee closed the hearing on House Bill 349 with informational testimony from TRS available for follow-up.