Section 365.430 - School EmployeesTeachers and other school employees who work under a renewable annual contract will be considered to be receiving compensation for an entire year even though pre-determined non-work periods are involved and actual compensation is paid during the work periods only.
(A)Annual Contract. (1)Contract Renewal. The renewal process may involve signing a new contract each year, automatic renewal, or, as in cases of school tenure, rehire rights may be implied and thus preclude the use of a written contract altogether.(2)Work - Non-work Cycle. The fact that a contract is in effect for an entire year does not mean that the contract will stipulate work every month of the year. Rather, there may be certain predictable non-work periods or vacations, such as the summer break between school years.(3)Income. Income from an annual contract will be considered as compensation for a full year regardless of the frequency of compensation whether stipulated in the terms of the contract, determined at the convenience of the employer, or determined at the wish of the employee.(B)Determining Eligibility and Benefit Level. School employees who derive their annual income in a period of time shorter than one year shall have that income averaged over a 12-month period, provided the income is not received on an hourly or piece work basis. To determine household eligibility, all other monthly income from other household members will be added to this average monthly income, and income exclusions and deductions applied in the normal manner. Once eligibility has been determined, the annualized income may either be averaged or prorated unevenly over the 12 months before adding it to other monthly income for determining the household's basis of issuance during the certification period.(C)Certification Periods for School Employees. Certification periods shall be assigned as specified in 106 CMR 364.700: Assigning Certification Periods.(D)Work Requirements. School employees must comply with work requirements during the non-work season unless exempt in accordance with 106 CMR 362.310: SNAP Employment and Training Program or 362.320: SNAP Work Program.Amended by Mass Register Issue 1330, eff. 1/13/2017.