On July 20, 2023, Gov. Phil Murphy signed S3798, permitting local educational agencies to submit new Chapter 408 applications for the 2023-2024 school year.
Now, the New Jersey State Department of Treasury’s Division of Pensions and Benefits has released a Notice to Certifying Officers regarding the one-year extension of P.L.2021, c.408 (Chapter 408) for the 2023-2024 school year, the New Jersey Department of Education noted in an advisory.
Chapter 408 provided that, for the 2021-2022 and 2022-2023 school years, local educational agencies, including school districts, charter schools, renaissance school projects and approved private schools for students with disabilities could temporarily hire teachers and professional staff members providing special services who are retired from the Teachers’ Pension and Annuity Fund without reenrollment in the TPAF.
Prior to hiring retired teachers and professional staff members providing special services in accordance with Chapter 408, each LEA must be determined to be in a position of critical need by the commissioner of education or designee.
- Chief school administrators that wish to hire TPAF retirees pursuant to Chapter 408 must submit an Application for Determination of Chapter 408 Critical Need to their respective Executive County Superintendent.
- Upon receipt of the application, the executive county superintendent will provide a response to the LEA within three business days.
- Once an LEA is determined to be in a position of critical need, it is responsible for complying with all relevant statutes, regulations, and other requirements of the NJDPB. See, for example, NJDPB’s Notice to Certifying Officers, Fact Sheet 86 and the Notice of Reemployment Form.
- Please note that in the application, chief school administrators must affirm that the LEA will:
- Hire the most qualified applicants to fill vacancies.
- Provide the NJDOE with data regarding the individuals hired pursuant to Chapter 408 using the Reemployment of Retired Certified Staff form available on NJDOE’s Homeroom website.
Please be advised, Chapter 408 does not modify requirements that all individuals serving in teaching and educational services roles in New Jersey’s public schools must be appropriately certified.