Attorney General Opinion 2011-2, regarding TRS participation

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The above link is to the Attorney General's Opinion in 2011 regarding:

Regional and county library employees paid solely with local funds are required to be members of the Teachers Retirement System.

This from an e-mail I sent you in May of 2011 clarifying what this means for libraries who's employees aren't theirs, due to affiliate status. This can apply to staff who work for a municipal library or county library but who aren't employees of the regional system (who's employees ARE required to participate if they qualify)


For those of you with affiliates, please note the following:

If you saw the Official Opinion from the Attorney General's Office, on 3/28/11, there might have been room to misinterpret that opinion. After talking to the Senior Assistant Attorney General who wrote the opinion and clarifying with the TRS, here's what that opinion really means...

Staff are only required to participate in TRS if their employER is. That is, if you are a regional system, and you have an affiliate library who's staff are employed by a County Board of Commissioners, and are not on your payroll, those staff are NOT required to participate in the Teacher's Retirement System.

We already knew that staff who work for an affiliated city library isn't required to participate in TRS, but this clarifies it for affiliated county staff. It is very easy to read this Official Opinion otherwise, as the AG's office only opined based on the assumption that all staff were on a given library system's payroll.