Representative Val K. Potter proposes the following substitute bill:


1     
TEACHER SALARY SUPPLEMENT REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Val K. Potter

5     
Senate Sponsor: Howard A. Stephenson

6     Cosponsors:
7     Patrice M. Arent
Kay J. Christofferson
Steve Eliason
Jefferson Moss
8     

9     LONG TITLE
10     General Description:
11          This bill amends provisions of the Teacher Salary Supplement Program.
12     Highlighted Provisions:
13          This bill:
14          ▸     removes the teacher salary supplement from compensation calculations for
15     retirement purposes;
16          ▸     defines terms;
17          ▸     provides a salary supplement for a teacher who has a degree in special education
18     and is assigned to teach special education;
19          ▸     increases the initial base salary supplement to $5,000;
20          ▸     amends other provisions related to an individual's eligibility for a teacher salary
21     supplement; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None

25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
29          49-12-102, as last amended by Laws of Utah 2017, Chapter 325
30          49-13-102, as last amended by Laws of Utah 2017, Chapter 325
31          49-22-102, as last amended by Laws of Utah 2017, Chapter 325
32          53F-2-504, as renumbered and amended by Laws of Utah 2018, Chapter 2
33     

34     Be it enacted by the Legislature of the state of Utah:
35          Section 1. Section 49-12-102 is amended to read:
36          49-12-102. Definitions.
37          As used in this chapter:
38          (1) "Benefits normally provided":
39          (a) means a benefit offered by an employer, including:
40          (i) a leave benefit of any kind;
41          (ii) insurance coverage of any kind if the employer pays some or all of the premium for
42     the coverage;
43          (iii) employer contributions to a health savings account, health reimbursement account,
44     health reimbursement arrangement, or medical expense reimbursement plan; and
45          (iv) a retirement benefit of any kind if the employer pays some or all of the cost of the
46     benefit; and
47          (b) does not include:
48          (i) a payment for social security;
49          (ii) workers' compensation insurance;
50          (iii) unemployment insurance;
51          (iv) a payment for Medicare;
52          (v) a payment or insurance required by federal or state law that is similar to a payment
53     or insurance listed in Subsection (1)(b)(i), (ii), (iii), or (iv);
54          (vi) any other benefit that state or federal law requires an employer to provide an
55     employee who would not otherwise be eligible to receive the benefit; or

56          (vii) any benefit that an employer provides an employee in order to avoid a penalty or
57     tax under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148 and the Health
58     Care Education Reconciliation Act of 2010, Pub. L. No. 111-152, and related federal
59     regulations, including a penalty imposed by Internal Revenue Code, Section 4980H.
60          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
61     amount of payments made by a participating employer to a member of this system for services
62     rendered to the participating employer, including:
63          (i) bonuses;
64          (ii) cost-of-living adjustments;
65          (iii) other payments currently includable in gross income and that are subject to social
66     security deductions, including any payments in excess of the maximum amount subject to
67     deduction under social security law;
68          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
69     or other benefits authorized by federal law; and
70          (v) member contributions.
71          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
72     under Internal Revenue Code, Section 401(a)(17).
73          (c) "Compensation" does not include:
74          (i) the monetary value of remuneration paid in kind, including a residence or use of
75     equipment;
76          (ii) the cost of any employment benefits paid for by the participating employer;
77          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
78     otherwise ineligible for service credit;
79          (iv) any payments upon termination, including accumulated vacation, sick leave
80     payments, severance payments, compensatory time payments, or any other special payments;
81          (v) any allowances or payments to a member for costs or expenses paid by the
82     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
83     housing costs, insurance costs, equipment costs, and dependent care costs; or
84          (vi) a teacher salary supplement described in Section 53F-2-504 or bonus described in
85     Section [53A-17a-173] 53F-2-513.
86          (d) The executive director may determine if a payment not listed under this Subsection

87     (2) falls within the definition of compensation.
88          (3) "Final average salary" means the amount calculated by averaging the highest five
89     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), (d),
90     and (e).
91          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
92     compensation in any one of the years used may not exceed the previous year's compensation by
93     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
94     of the dollar during the previous year, as measured by a United States Bureau of Labor
95     Statistics Consumer Price Index average as determined by the board.
96          (b) In cases where the participating employer provides acceptable documentation to the
97     office, the limitation in Subsection (3)(a) may be exceeded if:
98          (i) the member has transferred from another agency; or
99          (ii) the member has been promoted to a new position.
100          (c) If the member retires more than six months from the date of termination of
101     employment, the member is considered to have been in service at the member's last rate of pay
102     from the date of the termination of employment to the effective date of retirement for purposes
103     of computing the member's final average salary only.
104          (d) If the member has less than five years of service credit in this system, final average
105     salary means the average annual compensation paid to the member during the full period of
106     service credit.
107          (e) The annual compensation used to calculate final average salary shall be based on:
108          (i) a calendar year for a member employed by a participating employer that is not an
109     educational institution; or
110          (ii) a contract year for a member employed by an educational institution.
111          (4) "Participating employer" means an employer which meets the participation
112     requirements of Sections 49-12-201 and 49-12-202.
113          (5) (a) "Regular full-time employee" means an employee whose term of employment
114     for a participating employer contemplates continued employment during a fiscal or calendar
115     year and whose employment normally requires an average of 20 hours or more per week,
116     except as modified by the board, and who receives benefits normally provided by the
117     participating employer.

118          (b) "Regular full-time employee" includes:
119          (i) a teacher whose term of employment for a participating employer contemplates
120     continued employment during a school year and who teaches half-time or more;
121          (ii) a classified school employee:
122          (A) who is hired before July 1, 2013; and
123          (B) whose employment normally requires an average of 20 hours per week or more for
124     a participating employer, regardless of benefits provided;
125          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
126     of January 1, 1990, as provided in Section 49-12-407;
127          (iv) a faculty member or employee of an institution of higher education who is
128     considered full-time by that institution of higher education; and
129          (v) an individual who otherwise meets the definition of this Subsection (5) who
130     performs services for a participating employer through a professional employer organization or
131     similar arrangement.
132          (c) "Regular full-time employee" does not include a classified school employee:
133          (i) (A) who is hired on or after July 1, 2013; and
134          (B) who does not receive benefits normally provided by the participating employer
135     even if the employment normally requires an average of 20 hours per week or more for a
136     participating employer;
137          (ii) (A) who is hired before July 1, 2013;
138          (B) who did not qualify as a regular full-time employee before July 1, 2013;
139          (C) who does not receive benefits normally provided by the participating employer;
140     and
141          (D) whose employment hours are increased on or after July 1, 2013, to require an
142     average of 20 hours per week or more for a participating employer; or
143          (iii) who is a person working on a contract:
144          (A) for the purposes of vocational rehabilitation and the employment and training of
145     people with significant disabilities; and
146          (B) that has been set aside from procurement requirements by the state pursuant to
147     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
148          (6) "System" means the Public Employees' Contributory Retirement System created

149     under this chapter.
150          (7) "Years of service credit" means:
151          (a) a period consisting of 12 full months as determined by the board;
152          (b) a period determined by the board, whether consecutive or not, during which a
153     regular full-time employee performed services for a participating employer, including any time
154     the regular full-time employee was absent on a paid leave of absence granted by a participating
155     employer or was absent in the service of the United States government on military duty as
156     provided by this chapter; or
157          (c) the regular school year consisting of not less than eight months of full-time service
158     for a regular full-time employee of an educational institution.
159          Section 2. Section 49-13-102 is amended to read:
160          49-13-102. Definitions.
161          As used in this chapter:
162          (1) "Benefits normally provided" has the same meaning as defined in Section
163     49-12-102.
164          (2) (a) Except as provided in Subsection (2)(c), "compensation" means the total
165     amount of payments made by a participating employer to a member of this system for services
166     rendered to the participating employer, including:
167          (i) bonuses;
168          (ii) cost-of-living adjustments;
169          (iii) other payments currently includable in gross income and that are subject to social
170     security deductions, including any payments in excess of the maximum amount subject to
171     deduction under social security law; and
172          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
173     or other benefits authorized by federal law.
174          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
175     under Internal Revenue Code, Section 401(a)(17).
176          (c) "Compensation" does not include:
177          (i) the monetary value of remuneration paid in kind, including a residence or use of
178     equipment;
179          (ii) the cost of any employment benefits paid for by the participating employer;

180          (iii) compensation paid to a temporary employee, an exempt employee, or an employee
181     otherwise ineligible for service credit;
182          (iv) any payments upon termination, including accumulated vacation, sick leave
183     payments, severance payments, compensatory time payments, or any other special payments;
184          (v) any allowances or payments to a member for costs or expenses paid by the
185     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
186     housing costs, insurance costs, equipment costs, and dependent care costs; or
187          (vi) a teacher salary supplement described in Section 53F-2-504 or bonus described in
188     Section [53A-17a-173] 53F-2-513.
189          (d) The executive director may determine if a payment not listed under this Subsection
190     (2) falls within the definition of compensation.
191          (3) "Final average salary" means the amount calculated by averaging the highest three
192     years of annual compensation preceding retirement subject to Subsections (3)(a), (b), (c), and
193     (d).
194          (a) Except as provided in Subsection (3)(b), the percentage increase in annual
195     compensation in any one of the years used may not exceed the previous year's compensation by
196     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
197     of the dollar during the previous year, as measured by a United States Bureau of Labor
198     Statistics Consumer Price Index average as determined by the board.
199          (b) In cases where the participating employer provides acceptable documentation to the
200     office, the limitation in Subsection (3)(a) may be exceeded if:
201          (i) the member has transferred from another agency; or
202          (ii) the member has been promoted to a new position.
203          (c) If the member retires more than six months from the date of termination of
204     employment and for purposes of computing the member's final average salary only, the
205     member is considered to have been in service at the member's last rate of pay from the date of
206     the termination of employment to the effective date of retirement.
207          (d) The annual compensation used to calculate final average salary shall be based on:
208          (i) a calendar year for a member employed by a participating employer that is not an
209     educational institution; or
210          (ii) a contract year for a member employed by an educational institution.

211          (4) "Participating employer" means an employer which meets the participation
212     requirements of Sections 49-13-201 and 49-13-202.
213          (5) (a) "Regular full-time employee" means an employee whose term of employment
214     for a participating employer contemplates continued employment during a fiscal or calendar
215     year and whose employment normally requires an average of 20 hours or more per week,
216     except as modified by the board, and who receives benefits normally provided by the
217     participating employer.
218          (b) "Regular full-time employee" includes:
219          (i) a teacher whose term of employment for a participating employer contemplates
220     continued employment during a school year and who teaches half time or more;
221          (ii) a classified school employee:
222          (A) who is hired before July 1, 2013; and
223          (B) whose employment normally requires an average of 20 hours per week or more for
224     a participating employer, regardless of benefits provided;
225          (iii) an officer, elective or appointive, who earns $500 or more per month, indexed as
226     of January 1, 1990, as provided in Section 49-13-407;
227          (iv) a faculty member or employee of an institution of higher education who is
228     considered full time by that institution of higher education; and
229          (v) an individual who otherwise meets the definition of this Subsection (5) who
230     performs services for a participating employer through a professional employer organization or
231     similar arrangement.
232          (c) "Regular full-time employee" does not include a classified school employee:
233          (i) (A) who is hired on or after July 1, 2013; and
234          (B) who does not receive benefits normally provided by the participating employer
235     even if the employment normally requires an average of 20 hours per week or more for a
236     participating employer;
237          (ii) (A) who is hired before July 1, 2013;
238          (B) who did not qualify as a regular full-time employee before July 1, 2013;
239          (C) who does not receive benefits normally provided by the participating employer;
240     and
241          (D) whose employment hours are increased on or after July 1, 2013, to require an

242     average of 20 hours per week or more for a participating employer; or
243          (iii) who is a person working on a contract:
244          (A) for the purposes of vocational rehabilitation and the employment and training of
245     people with significant disabilities; and
246          (B) that has been set aside from procurement requirements by the state pursuant to
247     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
248          (6) "System" means the Public Employees' Noncontributory Retirement System.
249          (7) "Years of service credit" means:
250          (a) a period consisting of 12 full months as determined by the board;
251          (b) a period determined by the board, whether consecutive or not, during which a
252     regular full-time employee performed services for a participating employer, including any time
253     the regular full-time employee was absent on a paid leave of absence granted by a participating
254     employer or was absent in the service of the United States government on military duty as
255     provided by this chapter; or
256          (c) the regular school year consisting of not less than eight months of full-time service
257     for a regular full-time employee of an educational institution.
258          Section 3. Section 49-22-102 is amended to read:
259          49-22-102. Definitions.
260          As used in this chapter:
261          (1) "Benefits normally provided" has the same meaning as defined in Section
262     49-12-102.
263          (2) (a) "Compensation" means, except as provided in Subsection (2)(c), the total
264     amount of payments made by a participating employer to a member of this system for services
265     rendered to the participating employer, including:
266          (i) bonuses;
267          (ii) cost-of-living adjustments;
268          (iii) other payments currently includable in gross income and that are subject to social
269     security deductions, including any payments in excess of the maximum amount subject to
270     deduction under social security law;
271          (iv) amounts that the member authorizes to be deducted or reduced for salary deferral
272     or other benefits authorized by federal law; and

273          (v) member contributions.
274          (b) "Compensation" for purposes of this chapter may not exceed the amount allowed
275     under Internal Revenue Code, Section 401(a)(17).
276          (c) "Compensation" does not include:
277          (i) the monetary value of remuneration paid in kind, including a residence or use of
278     equipment;
279          (ii) the cost of any employment benefits paid for by the participating employer;
280          (iii) compensation paid to a temporary employee or an employee otherwise ineligible
281     for service credit;
282          (iv) any payments upon termination, including accumulated vacation, sick leave
283     payments, severance payments, compensatory time payments, or any other special payments;
284          (v) any allowances or payments to a member for costs or expenses paid by the
285     participating employer, including automobile costs, uniform costs, travel costs, tuition costs,
286     housing costs, insurance costs, equipment costs, and dependent care costs; or
287          (vi) a teacher salary supplement described in Section 53F-2-504 or bonus described in
288     Section [53A-17a-173] 53F-2-513.
289          (d) The executive director may determine if a payment not listed under this Subsection
290     (2) falls within the definition of compensation.
291          (3) "Corresponding Tier I system" means the system or plan that would have covered
292     the member if the member had initially entered employment before July 1, 2011.
293          (4) "Final average salary" means the amount calculated by averaging the highest five
294     years of annual compensation preceding retirement subject to Subsections (4)(a), (b), (c), (d),
295     and (e).
296          (a) Except as provided in Subsection (4)(b), the percentage increase in annual
297     compensation in any one of the years used may not exceed the previous year's compensation by
298     more than 10% plus a cost-of-living adjustment equal to the decrease in the purchasing power
299     of the dollar during the previous year, as measured by a United States Bureau of Labor
300     Statistics Consumer Price Index average as determined by the board.
301          (b) In cases where the participating employer provides acceptable documentation to the
302     office, the limitation in Subsection (4)(a) may be exceeded if:
303          (i) the member has transferred from another agency; or

304          (ii) the member has been promoted to a new position.
305          (c) If the member retires more than six months from the date of termination of
306     employment, the member is considered to have been in service at the member's last rate of pay
307     from the date of the termination of employment to the effective date of retirement for purposes
308     of computing the member's final average salary only.
309          (d) If the member has less than five years of service credit in this system, final average
310     salary means the average annual compensation paid to the member during the full period of
311     service credit.
312          (e) The annual compensation used to calculate final average salary shall be based on:
313          (i) a calendar year for a member employed by a participating employer that is not an
314     educational institution; or
315          (ii) a contract year for a member employed by an educational institution.
316          (5) "Participating employer" means an employer which meets the participation
317     requirements of:
318          (a) Sections 49-12-201 and 49-12-202;
319          (b) Sections 49-13-201 and 49-13-202;
320          (c) Section 49-19-201; or
321          (d) Section 49-22-201 or 49-22-202.
322          (6) (a) "Regular full-time employee" means an employee whose term of employment
323     for a participating employer contemplates continued employment during a fiscal or calendar
324     year and whose employment normally requires an average of 20 hours or more per week,
325     except as modified by the board, and who receives benefits normally provided by the
326     participating employer.
327          (b) "Regular full-time employee" includes:
328          (i) a teacher whose term of employment for a participating employer contemplates
329     continued employment during a school year and who teaches half time or more;
330          (ii) a classified school employee:
331          (A) who is hired before July 1, 2013; and
332          (B) whose employment normally requires an average of 20 hours per week or more for
333     a participating employer, regardless of benefits provided;
334          (iii) an appointive officer whose appointed position is full time as certified by the

335     participating employer;
336          (iv) the governor, the lieutenant governor, the state auditor, the state treasurer, the
337     attorney general, and a state legislator;
338          (v) an elected official not included under Subsection (6)(b)(iv) whose elected position
339     is full time as certified by the participating employer;
340          (vi) a faculty member or employee of an institution of higher education who is
341     considered full time by that institution of higher education; and
342          (vii) an individual who otherwise meets the definition of this Subsection (6) who
343     performs services for a participating employer through a professional employer organization or
344     similar arrangement.
345          (c) "Regular full-time employee" does not include:
346          (i) a firefighter service employee as defined in Section 49-23-102;
347          (ii) a public safety service employee as defined in Section 49-23-102;
348          (iii) a classified school employee:
349          (A) who is hired on or after July 1, 2013; and
350          (B) who does not receive benefits normally provided by the participating employer
351     even if the employment normally requires an average of 20 hours per week or more for a
352     participating employer;
353          (iv) a classified school employee:
354          (A) who is hired before July 1, 2013;
355          (B) who did not qualify as a regular full-time employee before July 1, 2013;
356          (C) who does not receive benefits normally provided by the participating employer;
357     and
358          (D) whose employment hours are increased on or after July 1, 2013, to require an
359     average of 20 hours per week or more for a participating employer; or
360          (E) who is a person working on a contract:
361          (I) for the purposes of vocational rehabilitation and the employment and training of
362     people with significant disabilities; and
363          (II) that has been set aside from procurement requirements by the state pursuant to
364     Section 63G-6a-805 or the federal government pursuant to 41 U.S.C. Sec. 8501 et seq.
365          (7) "System" means the New Public Employees' Tier II Contributory Retirement

366     System created under this chapter.
367          (8) "Years of service credit" means:
368          (a) a period consisting of 12 full months as determined by the board;
369          (b) a period determined by the board, whether consecutive or not, during which a
370     regular full-time employee performed services for a participating employer, including any time
371     the regular full-time employee was absent on a paid leave of absence granted by a participating
372     employer or was absent in the service of the United States government on military duty as
373     provided by this chapter; or
374          (c) the regular school year consisting of not less than eight months of full-time service
375     for a regular full-time employee of an educational institution.
376          Section 4. Section 53F-2-504 is amended to read:
377          53F-2-504. Teacher Salary Supplement Program -- Appeal process.
378          (1) As used in this section:
379          (a) "Board" means the State Board of Education.
380          (b) "Certificate teacher" means a teacher who holds a National Board certification.
381          (c) "Eligible teacher" means a teacher who:
382          (i) has an assignment to teach:
383          (A) a secondary school level mathematics course;
384          (B) integrated science in grade [seven or eight] 7 or 8;
385          (C) chemistry;
386          (D) physics; [or]
387          (E) computer science; or
388          (F) special education;
389          (ii) holds the appropriate endorsement for the assigned course;
390          (iii) has qualifying educational background; and
391          (iv) (A) is a new employee; or
392          (B) received a satisfactory rating or above on the teacher's most recent evaluation.
393          (d) "Endorsement" means a stipulation, authorized by the board and appended to a
394     license, that specifies an area of practice to which the license applies.
395          (e) "Field of computer science" means:
396          (i) computer science; or

397          (ii) computer information technology.
398          (f) "Field of science" means:
399          (i) integrated science;
400          (ii) chemistry;
401          (iii) physics;
402          (iv) physical science; or
403          (v) general science.
404          (g) "License" means the same as that term is defined in Section 53E-6-102.
405          [(d)] (h) "National Board certification" means the same as that term is defined in
406     Section 53E-6-102.
407          [(e)] (i) "Qualifying educational background" means:
408          (i) for a teacher who is assigned a secondary school level mathematics course:
409          (A) a bachelor's degree major, master's degree, or doctoral degree in mathematics; [or]
410          (B) a bachelor's degree major, master's degree, or doctoral degree that has course
411     requirements that are substantially equivalent to the course requirements for a bachelor's degree
412     major, master's degree, or doctoral degree in mathematics; or
413          (C) a license with a mathematics level four endorsement, as established by the board;
414          (ii) for a teacher who is assigned a grade [seven or eight] 7 or 8 integrated science
415     course, chemistry course, or physics course[,]:
416          (A) a bachelor's degree major, master's degree, or doctoral degree in[:] a field of
417     science;
418          [(A) integrated science;]
419          [(B) chemistry;]
420          [(C) physics;]
421          [(D) physical science;]
422          [(E) general science; or]
423          [(F)] (B) a bachelor's degree major, master's degree, or doctoral degree that has course
424     requirements that are substantially equivalent to the course requirements of those required for a
425     degree [listed in Subsections (1)(e)(ii)(A) through (E);] described in Subsection (1)(i)(ii)(A); or
426          (C) a license with a chemistry, physics, or physical science endorsement, as established
427     by the board;

428          (iii) for a teacher who is assigned a computer science course[,]:
429          (A) a bachelor's degree major, master's degree, or doctoral degree in[:] a field of
430     computer science;
431          [(A) computer science;]
432          [(B) computer information technology; or]
433          [(C)] (B) a bachelor's degree major, master's degree, or doctoral degree that has course
434     requirements that are substantially equivalent to the course requirements of those required for a
435     degree [listed in Subsections (1)(e)(iii)(A) and (B).] described in Subsection (1)(i)(iii)(A); or
436          (C) a license with a computer science level two endorsement, as established by the
437     board; or
438          (iv) for a teacher who is assigned to teach special education, a bachelor's degree major,
439     master's degree, or doctoral degree in special education.
440          [(f)] (j) "Title I school" means a school that receives funds under the Elementary and
441     Secondary Education Act of 1965, Title I, 20 U.S.C. Sec. 6301 et seq.
442          [(g)] (k) "Title I school certificate teacher" means a certificate teacher who is assigned
443     to teach at a Title I school.
444          (2) (a) Subject to future budget constraints, the Legislature shall:
445          (i) annually appropriate money to the Teacher Salary Supplement Program[.] to
446     maintain annual salary supplements provided in previous years; and
447          (ii) provide salary supplements to new recipients.
448          (b) Money appropriated for the Teacher Salary Supplement Program shall include
449     money for the following employer-paid benefits:
450          (i) except as provided in Subsection (2)(c), retirement;
451          (ii) workers' compensation;
452          (iii) Social Security; and
453          (iv) Medicare.
454          (c) A salary supplement awarded on or after July 1, 2018, is not included in an eligible
455     teacher's compensation as defined in Section 49-12-102, 49-13-102, or 49-22-102.
456          (3) (a) (i) The annual salary supplement for an eligible teacher who is assigned full
457     time to teach one or more courses listed in Subsections (1)(c)(i)(A) through [(E)] (F) is
458     [$4,100] $5,000 and funded through an appropriation described in Subsection (2).

459          (ii) An eligible teacher who has a part-time assignment to teach one or more courses
460     listed in Subsections (1)(c)(i)(A) through [(E)] (F) shall receive a partial salary supplement
461     based on the number of hours worked in [a] the course assignment [that meets the requirements
462     of Subsections (1)(c)(ii) and (iii)].
463          (b) The annual salary supplement for a certificate teacher is $750.
464          (c) (i) The annual salary supplement for a Title I school certificate teacher is $1,500.
465          (ii) A certificate teacher who qualifies for a salary supplement under Subsections (3)(b)
466     and (c) may only receive the salary supplement that is greater in value.
467          (4) The board shall:
468          (a) create an online application system for a teacher to apply to receive a salary
469     supplement through the Teacher Salary Supplement Program;
470          (b) determine if a teacher:
471          (i) (A) is an eligible teacher; and
472          (B) has a course assignment as listed in Subsections (1)(c)(i)(A) through [(E)] (F);
473          (ii) is a certificate teacher; or
474          (iii) is a Title I school certificate teacher;
475          (c) verify, as needed, the determinations made under Subsection (4)(b) with school
476     district and school administrators; and
477          (d) certify a list of eligible teachers, certificate teachers, and Title I school certificate
478     teachers.
479          (5) (a) An eligible teacher, a certificate teacher, or a Title I school certificate teacher
480     shall apply with the board before the conclusion of a school year to receive the salary
481     supplement authorized in this section.
482          (b) An eligible teacher, a certificate teacher, or a Title I school certificate teacher may
483     apply with the board, after verification that the requirements under this section have been
484     satisfied, to receive a salary supplement after the completion of:
485          (i) the school year as an annual award; or
486          (ii) a semester or trimester as a partial award based on the portion of the school year
487     that has been completed.
488          (6) (a) The board shall establish and administer an appeal process for a teacher to
489     follow if the teacher applies for [the] a salary supplement and [is not certified under Subsection

490     (4)] does not receive a salary supplement under Subsection (8).
491          (b) (i) The appeal process established in Subsection (6)(a) shall allow a teacher to
492     appeal eligibility as an eligible teacher on the basis that the teacher has a degree or degree
493     major with course requirements that are substantially equivalent to the course requirements for
494     a degree [listed] described in:
495          (A) Subsection (1)[(e)](i)(i)(A);
496          [(B) Subsections (1)(e)(ii)(A) through (E); or]
497          [(C) Subsections (1)(e)(iii)(A) and (B).]
498          (B) Subsection (1)(i)(ii)(A);
499          (C) Subsection (1)(i)(iii)(A); or
500          (D) Subsection (1)(i)(iv).
501          (ii) A teacher shall provide transcripts and other documentation to the board in order
502     for the board to determine if the teacher has a degree or degree major with course requirements
503     that are substantially equivalent to the course requirements for a degree listed in:
504          (A) Subsection (1)[(e)](i)(i)(A);
505          [(B) Subsections (1)(e)(ii)(A) through (E); or]
506          [(C) Subsections (1)(e)(iii)(A) and (B).]
507          (B) Subsection (1)(i)(ii)(A);
508          (C) Subsection (1)(i)(iii)(A); or
509          (D) Subsection (1)(i)(iv).
510          (c) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
511     appeal eligibility as a certificate teacher on the basis that the teacher holds a current certificate.
512          (ii) A teacher shall provide to the board a certificate or other related documentation in
513     order for the board to determine if the teacher holds a current certificate.
514          (d) (i) The appeal process established under Subsection (6)(a) shall allow a teacher to
515     appeal eligibility as a Title I school certificate teacher on the basis that the teacher:
516          (A) holds a current certificate; and
517          (B) is assigned to teach at a Title I school.
518          (ii) A teacher shall provide to the board:
519          (A) information described in Subsection (6)(c)(ii); and
520          (B) verification that the teacher is assigned to teach at a Title I school.

521          (7) (a) The board shall distribute money appropriated to the Teacher Salary
522     Supplement Program to school districts and charter schools for the Teacher Salary Supplement
523     Program in accordance with the provisions of this section.
524          (b) The board shall include the employer-paid benefits described under Subsection
525     (2)(b) in the amount of each salary supplement.
526          (c) The employer-paid benefits described under Subsection (2)(b) are an addition to the
527     salary supplement limits described under Subsection (3).
528          (8) (a) Money received from the Teacher Salary Supplement Program shall be used by
529     a school district or charter school to provide a salary supplement equal to the amount specified
530     in Subsection (3) for each eligible teacher, certificate teacher, or Title I school certificate
531     teacher.
532          (b) [The] Except as provided in Subsection (2)(c), the salary supplement is part of the
533     teacher's base pay, subject to the teacher's qualification as an eligible teacher, a certificate
534     teacher, or a Title I school certificate teacher every year, semester, or trimester.
535          (9) Notwithstanding the provisions of this section, if the appropriation for the program
536     is insufficient to cover the costs associated with salary supplements, the board [may limit or
537     reduce the salary supplements] shall distribute the funds in the Teacher Salary Supplement
538     Program on a pro rata basis.
539          Section 5. Effective date.
540          This bill takes effect on July 1, 2018.