Critical Shortage: Waivers to Hire Retired Teachers
As a result of Chapter 114 of the Acts of 2000, the earnings limitations on re-employment of retirees in Massachusetts public schools were eased in the event of a "critical shortage" in a position as determined by the Department of Elementary and Secondary Education. The ESE has adopted regulation 603 CMR 7.14(13)(b), allowing the Commissioner of Education to deem that a district has a "critical shortage" upon the request of a superintendent and demonstration that the district has made a good-faith effort to hire non-retirees and has been unable to find them. The "critical shortage" application process is similar to that for requesting a waiver for certification. In brief:
Restrictions on Working
After Retirement | If NO
Critical Shortage | If a Critical Shortage
IS declared |
| ALL MTRS Retirees | Regular Retirees | Retirement
Plus Retirees |
1) Separation from service: 60 days.
Exception: This particular restriction does not apply if the member retired either at age 65 or older or at the maximum benefit amount of 80 percent of his three-year salary average. | Applies | Applies | Applies |
| 2) Time limitation: 960 hours in a calendar year. | Applies | Waived | Waived |
| 3) Earnings limitation: The salary received from this position, when added to the MTRS retirement allowance, cannot exceed the salary that is currently being paid for the position from which the employee retired. | Applies | Waived | Applies for first two years of employee's retirement;
waived thereafter |
School districts that are interested in hiring a retired teacher to fill a critical shortage must fill out a Request for Waiver form  and provide the required supporting documentation. For more information, contact Tricia Federico at 781-338-3235 or tfederico@doe.mass.edu
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State Government · State Services 
