Background 

SB 283 will affect ALL substitutes in that they will have the opportunity to earn PERS benefits regardless of the length of their assignment.
One of the most alarming trends that substitute teachers in Oregon have been experiencing is the loss of their retirement benefits due to the outsourcing to private educational hiring companies. For example, the company will replace the personnel duties of a school district and take over the jobs you used to get from your School or Educational Service District. Then, you receive a letter telling you to reapply for your job, and presto, you have a new employer. You may not realize that you are no longer eligible for the 600-hour PERS accrual benefit. 

Why is this a problem? OSTA has been fighting for the right of substitute teachers to be considered employees of the school district. This language is crucial for obtaining the ability to reclaim the right to accrue PERS retirement benefits.

It is an important fact that being able to retire with a pension helps retirees stay out of poverty. The professional substitute teacher is the backbone of the school and deserves to be treated as a member of the educational team. Currently, some substitute teachers earn PERS while others do not. If you live in a district that outsourced to a third-party company, you can no longer get PERS. Many substitute teachers used to take long-term assignments with the understanding that they would meet the 600-hour rule for PERS. With contracting out, that does not matter anymore. OSTA has members who would like to be able to retire with a PERS benefit. They have been substitute teaching for many years and hoped they would be able to receive a PERS pension.  

OSTA worked with the Senate Education Committee to create language that would state that substitute teachers are members of the school district. Their bill, SB 283 has language that provides some hope for teachers who want to convert their teaching time into PERS retirement benefits. 

Sections 7 & 8 of SB 283: (5) A teacher employed by a school district as a substitute teacher

shall be:

“(a) Considered an employee of the school district, regardless of the

length of the assignment, and shall be under the management of the

school district; and

“(b) Eligible for retirement benefits as an employee in a qualifying

position for purposes of the public employees’ retirement laws and el(5) A teacher employed by a school district as a substitute teacher

shall be:

“(a) Considered an employee of the school district, regardless of the

length of the assignment, and shall be under the management of the

school district; and

“(b) Eligible for retirement benefits as an employee in a qualifying

position for purposes of the public employees’ retirement laws and eligible for health benefit plans as an eligible employee for purposes of ORS 243.105 to 243.285. “[(5)] (6) This section does not apply to substitute teachers represented in a bargaining unit in the school district by which they are employed.

Why is OSTA excited by this? This language would put into statute that substitute teachers are members of the school district. This line in the statute will create a foundation that substitutes can use to argue with PERS that they are eligible for benefits. 

OSTA wants to make sure that this bill passes with this language intact. We are concerned that lobbyists do not convince legislators to remove this language. Lobbyists from school administrators' Coalition of Oregon School Administrators (COSA) will try to influence legislators to change the language. OSTA needs to protect our right to fair treatment. 

SB 283 Testimony Letters — It is important to know what we are up against, and these letters tell us. Read them carefully to counter, contact GAC to find out more. Additionally, enjoy seeing what OSTA members contributed.