The office of the Attorney General of the State of Connecticut recently issued an opinion as to whether a local board of education may “reemploy” as its superintendent of schools an individual who is receiving a retirement benefit from the Teachers’ Retirement System.

The Attorney General’s office concluded that a superintendent is statutorily authorized to be reemployed in a school district identified as a priority school district while receiving a TRB retirement benefit, because the position of superintendent is included within the statutory definition of “teacher” under CGS §10-183b(26), and a central administrative office fits within the statutory definition of “public school” under CGS §10-183b(20).

The reasoning contained within the Attorney General’s opinion also applies to school districts that are not identified as priority school districts. In those instances, school districts may reemploy retired superintendents pursuant to the “45% rule” set forth in  CGS §10-183v(a), which limits the reemployment of teachers to compensation of no more than 45% of the “maximum salary for the assigned position.”

Given the number of retired superintendents currently employed as interim superintendents throughout the state, the Attorney General’s opinion serves as confirmation and clarification of a practice that many school districts have come to rely upon.