By STEPHEN BARTLETT
Staff Writer
PLATTSBURGH —
Teachers statewide, including at area schools, took advantage of a new early retirement incentive passed this year.
But a lawsuit challenging its constitutionality has placed their futures in limbo.
School officials wonder how the outcome will impact their districts, as some saved money by eliminating positions through attrition and others hired new employees, who could now be out of a job if veterans return.
Some districts may have to pay the difference if retired teachers are penalized if the incentive is taken from them.
UNCERTAINTY
"In our case, it takes four people and has them wondering can they retire or can they not," said Plattsburgh City School Superintendent James "Jake" Short.
"What if they retire and there is a problem with the legislation and they receive a penalty if they retire too soon?
"We thought it would get resolved fairly quickly and our people would know if the option was available and if there was a problem. Today, it is still not resolved."
EXTENDED RETIREMENT
Earlier this year, Gov. David Paterson signed the early retirement bill for school employees represented by New York State United Teachers.
It opened the door to retirement for school employees 55 or older with 25 or more years of experience by removing what would normally be a penalty for leaving before 30 years of service.
The 55/25 plan provided school districts with ways to reduce staff and lessen the blow of possible layoffs.
School Boards had to decide whether to adopt the plan as early as June 1, and eligible teachers had to utilize it by Aug. 31.
Schools had to show that the incentive would either eliminate the position, result in savings of half the salary or avoid a layoff.
HUNDREDS TOOK IT
But the Empire State Supervisors and Administrators Association sued the state, contending they should have been included in the incentive and that it is unconstitutional to single out a specific group for a benefit.
More than 890 teachers statewide participated, and they now must worry about whether they will be nailed with a penalty, depending on the judge's decision.
The deadline remains open, so more educators could take advantage of an incentive that could be expanded.
LOCAL TEACHERS
"We had one teacher who was going to take that particular option, and we may have an administrator if this all gets resolved," Malone Central School Superintendent Wayne Walbridge said.
"But they are both left in limbo. So they basically get disheartened and shut the door on the idea."
At least half a dozen teachers at Peru Central School opted into the 55/25 plan.
"School districts would certainly have a predicament where a group may have been hired and another group may have to come back to a job," said Peru Central School Superintendent A. Paul Scott.
"Some of those individuals might face unemployment rather than employment for the fall."
At Beekmantown Central School, two teachers took advantage of the early retirement plan.
"By letting those people go, the district is assuming the liability for the contribution to their retirement," said Superintendent Scott Amo. "Because of their years of service, it is not a big impact for us, but any impact is an impact."
PLATTSBURGH'S OFFER
Plattsburgh City School offered its own early retirement incentive — prior to the new 55/25 plan — that 15 people utilized, enabling the district to eliminate 12 positions.
Another four teachers retired under the state's 55/25.
"We agreed that anybody who was going to project themselves to retire under 55/25, if it didn't materialize or the legislation did not go through, we would allow them to rescind their retirement and still keep working here," Short said.
The legislation went through, but the June lawsuit has put it in jeopardy.
DIFFICULT TO PLAN
Out of the four at Plattsburgh, two decided to continue with their retirement and face possible penalties, which wouldn't be significant, given their time in service.
"One decided it was far too great a penalty and there were too many unknowns," Short said. "The direct impact that person has coming back to the overall staffing landscape at this time is undetermined. It would not be accurate to say that person's coming back is laying somebody else off."
The fourth person remains undecided, but if that individual returned, a new hire would be out of a job.
"This year, with this kind of thing in flux and people sitting in limbo, it is hard for normal planning in the school," Short said.
"And when a lawsuit throws into question the financial impact on other people, it is really gut wrenching."
E-mail Stephen Bartlett at: sbartlett@pressrepublican.com
