20. Access to Relevant Employee Retirement Systems

Alabama law provides that start-up public charter schools may elect to participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan. It also provides that conversion charter schools shall participate in the Teachers’ Retirement System and Public Education Employees’ Health Insurance Plan and shall provide compensation for teachers and school nurses that complies with the pro rata daily rate of pay as provided in the state minimum salary schedules for teachers and school nurses.

Alaska law requires participation in the relevant employee retirement systems.

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.

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

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

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

State 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.

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

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.

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

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.

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

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

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, (the Teachers Retirement System of Illinois) but prohibits non-certified teachers from participating.

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

The law is silent regarding access to relevant employees retirement systems.Iowa law requires participation in the relevant employee retirement systems.

Kansas law requires participation in the relevant employee retirement systems.

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.

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

Maryland law requires participation in the relevant employee retirement systems.

Massachusetts law requires charter schools to participate in the Massachusetts Teacher Retirement System. However, other school staff are prevented from participating in state retirement systems.

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.

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.

State law provides that charter schools may choose to participate in the state retirement systems.

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

Nevada law requires participation in the relevant employee retirement systems.

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.

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

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

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

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

For the most part, Ohio law requires that charter schools participate in relevant employee retirement systems. However, the law provides that certain operators that pay into social security are exempt from contributing to state retirement programs for some of their employees.

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

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

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.

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.

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 remain employees of the district and therefore must participate, but makes it optional for other staff to participate.

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

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

Utah law allows charter schools to opt into or out of the state retirement system.

Virginia law requires participation in the relevant employee retirement systems.

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.

West Virginia law provides charter schools with the option to participate in the relevant state employee retirement systems.

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

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