§ 103441 Public Employee Retirement Contracts
The board can make a deal with the public employee retirement system to put any or all of its workers into that system, but it can't add workers who belong to a union unless the union contract says it's okay.
A city school board wants to enroll its cafeteria staff in the state retirement plan. The cafeteria workers are not in a union, so the board can add them. If the board tried to add teachers who are in a teachers' union, it could only do that if the teachers' contract specifically allows it.
Because the cafeteria staff aren't covered by a union contract, the board can sign them up for the retirement plan. The teachers are covered by a union, so the board must check the teachers' collective bargaining agreement before adding them.
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§ 103441 Public Employee Retirement Contracts
Last verified: January 11, 2026