The New Jersey State Department of Treasury’s Division of Pensions and Benefits recently released a Notice to Certifying Officers regarding implementation of P.L. 2021, c.408, which allows local educational agencies – including school districts, charter schools, renaissance school projects and approved private schools for students with disabilities – to temporarily hire retired teachers and professional staff members to provide special services.

The notice applies for the 2021-2022 and 2022-2023 school years for those retired from the Teachers’ Pension and Annuity Fund – and they may be rehired without reenrollment in the TPAF. LEAs, however, must be determined to be in a position of critical need by the commissioner of education prior to hiring retired teachers and professional staff members.

Key Actions

  • 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 executive county superintendent.
  • Upon receipt of the application, an 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, LEAs are responsible for complying with all relevant statutes, regulations and other requirements of the Division of Pensions and Benefits. See, for example, DPB’s Notice to  Certifying Officers Fact Sheet 86, and the  Notice of Reemployment Form.
  • Please note that in their applications, 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 in a format prescribed by the commissioner. Data will include, but need not be limited to, these employees’ certification areas, grade level(s) served, and course(s) served. Additional information on this process is forthcoming.

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.

For additional information regarding pensions, visit the Division of Pensions and Benefits, call 609-292-7524, or email