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Lawmakers question 'teacher' definition
by Ken Newton
Wednesday, November 19, 2008

Missouri’s congressional delegation has taken to task a federal agency decision that threatens to alter the retirement status of some state educators.

Nine Missouri lawmakers, including both U.S. senators and Northwest Missouri Rep. Sam Graves, signed a letter sent to Social Security Administration and Internal Revenue Service commissioners questioning a recent interpretation of the term “teacher.”

They say the change, which would take effect July 1, “retroactively and drastically” affects the retirement system standing of thousands of Missouri certified

educators.

“This change in long-standing policy has created a groundswell of concern and angst among Missouri’s schools,” said the letter, signed by all of Missouri’s federal legislators except Reps. Roy Blunt and Kenny Hulshof. Sen. Claire McCaskill’s office released the letter Tuesday.

Members of the Missouri Public School Retirement System pay into, and gain benefits from, the system instead of contributing to Social Security. This so-called “Section 218 Agreement” has existed for decades between the retirement system and the Social Security Administration.

School districts around the state got letters in October saying some employees might be required to pay Social Security taxes along with retirement system contributions, getting fewer benefits in the bargain.

While not explicitly noted, such positions as guidance counselors and curriculum specialists, even if those individuals have teaching certificates, might lose the Social Security exemption.

The lawmakers’ letter called the new legal interpretation “narrow.”

Concern over the change got the attention of the Missouri State Teachers Association, whose delegates passed a resolution opposing the measure at last week’s convention in Kansas City. The vote was 675 to 15.

School district officials who have contacted the lawmakers said the change would make it difficult to fill certain positions.

Ken Newton can be reached at kenn@npgco.com.

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