Measuring Up to the Model



weight: 2 | possible total: 8

20. Access to Relevant Employee Retirement Systems

20A. Charter schools have access to relevant state retirement systems available to other public schools.

20B. Charter schools have the option to participate (i.e., not required).

How well do states’ laws align to this component of the model law?

State

Charter Law Description

Score

Alaska

Alaska law requires participation in the relevant employee retirement systems.

4

Arizona

Arizona law provides that charter schools have the option to participate in the Arizona state retirement system. In addition, charter schools have the option to participate in the state health and accident insurance coverage program.

8

Arkansas

Arkansas law requires certified staff within open enrollment and conversion charter schools to participate in the state retirement system.

4

California

California law allows all charter school employees to choose to participate in the State Teachers Retirement System and the Public Employees Retirement System.

8

Colorado

Colorado law requires that charter schools participate in the public employees’ retirement association.

4

Connecticut

Connecticut law provides that charter school teachers hired prior to July 1, 2010 may participate in the state teacher retirement system, while it requires that those hired after July 1, 2010 must participate in the system.

4

Delaware

Delaware law provides access to relevant employee retirement systems, but does not require participation.

8

District of Columbia

The law provides that employees transferring from a local district school to a charter school may elect to stay in the DC retirement system. Otherwise, charter employees do not have access to the system.

2

Florida

Florida law provides that charter schools that opt to be organized as a public employer have equal access to the state retirement system.

8

Georgia

Georgia law provides that charter teachers get equal access to the state retirement system. A state attorney general opinion held that charter school teachers are required to participate in the state retirement system.

4

Hawaii

Hawaii law requires charter school employees to be members of the State Pension and Retirement System.

4

Idaho

Idaho law requires charter schools to participate in the state retirement system.

4

Illinois

Illinois law provides that certified teachers in Chicago must participate in the Chicago Teacher Pension Fund, but prohibits non-certified teachers from participating. The law also provides that certified teachers outside of Chicago must participate in the State Pension Fund, but prohibits non-certified teachers from participating.

2

Indiana

Indiana law provides charter schools the option to participate in relevant employee retirement systems in a similar manner to all other public schools.

8

Iowa

Iowa law requires participation in the relevant employee retirement systems.

4

Kansas

Kansas law requires participation in the relevant employee retirement systems.

4

Louisiana

Louisiana law provides charter schools with the option to participate in the relevant state employee retirement systems, except that it requires Type 4 charters to participate.

6

Maine

The law provides that charter schools may establish a retirement plan or may choose to set up a plan with the state retirement system.

8

Maryland

Maryland law requires participation in the relevant employee retirement systems.

4

Massachusetts

Massachusetts law requires charter schools to participate in the Massachusetts Teacher Retirement System.

4

Michigan

Michigan law provides that participation in the state retirement system is dependent on employee status. If an employee is employed by a charter board of directors, he or she must participate in the state retirement system. If an employee is not employed by a charter board of directors, they are prohibited from participating in state retirement system. Thus, charter schools have access and an option by virtue of how they hire their employees.

8

Minnesota

Minnesota law provides that the employees of charter schools are considered public employees for retirement purposes and the schools and employees must contribute to the appropriate retirement system.

4

Mississippi

State law prohibits charter schools from accessing relevant state retirement systems.

0

Missouri

Under Missouri law, charter schools must participate in the employee retirement systems in their school districts.

4

Nevada

Nevada law requires participation in the relevant employee retirement systems.

4

New Hampshire

New Hampshire law provides that a charter school may choose to participate in the state teacher retirement system, with service in a charter school counting like any other public school.

8

New Jersey

New Jersey law requires charter schools to participate in the relevant employee retirement systems.

4

New Mexico

New Mexico law requires charter schools to participate in the relevant employee retirement systems.

4

New York

New York law provides charter schools with the option of participating in relevant employee retirement systems.

8

North Carolina

North Carolina law provides charter schools access to the relevant employee retirement systems, but does not require them to participate.

8

Ohio

Ohio law requires that charter schools participate in relevant employee retirement systems.

4

Oklahoma

Oklahoma law provides charter schools the option to participate in relevant employee retirement systems.

8

Oregon

Oregon law provides that all charter school employees must participate in the state retirement system.

4

Pennsylvania

Pennsylvania law provides that all charter school employees must participate in the state retirement systems unless at the time of application, the charter school has a retirement program that covers the employees or the employee is currently enrolled in another retirement program.

8

Rhode Island

Rhode Island law requires all charter schools to participate in the relevant employee retirement systems, except for mayoral academy charter schools, which have the option to participate.

6

South Carolina

South Carolina law gives charter school teachers and personnel equal access to the state retirement system. It requires that original staff at conversion charter schools must participate, but makes it optional for other staff to participate. It also provides that a charter school employing after June 30, 2006, an individual on leave from a local school district shall participate in the South Carolina Retirement Systems as a covered employer with respect to that employee on leave through the earlier of the date the employee on leave returns to employment by the district or June 30, 2011, and only if the charter school and the employee have made required employer and employee contributions to the South Carolina Retirement Systems from the employee’s date of employment with the charter school.

6

Tennessee

Tennessee law requires charter schools to participate in the relevant employee retirement systems.

4

Texas

Texas law requires charter schools to participate in the relevant employee retirement systems.

4

Utah

Utah law allows charter schools to opt into or out of the state retirement system. It requires schools to make their initial election by the end of their first year and allows them to change their election once after that.

8

Virginia

Virginia law requires participation in the relevant employee retirement systems.

4

Washington

Statute includes charter schools as members of relevant state retirement and health care systems as long as the state department of retirement systems receives determinations from the Internal Revenue Service and the U.S. Department of Labor that such participation does not jeopardize the status of the state’s retirement systems.

It is unclear if participation in such systems is an option for a charter school board or not.

4

Wisconsin

Under Wisconsin law, only those charter schools whose personnel are employees of the school district are eligible to participate in the state retirement system.

2

Wyoming

Wyoming law provides requires charter schools to participate in the state retirement system.

4