HAR §17-663-106. School employees

(a) Households that derive annual income in a period of time shorter than one year shall have the income averaged over the twelve-month period, provided the income is not received on an hourly or piecework basis. This provision includes teachers and other school employees under a contract renewable on an annual basis. The members shall be considered to be receiving compen- sation for an entire year even though predetermined nonwork periods are involved or actual compensation is scheduled for payment during the work periods only. (b) The contract renewal process may involve: (1) Signing a new contract each year; (2) Automatic renewal; or (3) As in cases of school tenure, implied rehire rights and preclusion of the use of a written contract. (c) The fact that a contract is in effect for an entire year does not necessarily mean that the contract §17-663-110 663-63 will stipulate work every month of the year. There may be certain predictable nonwork periods or vacations, such as the summer break between school years. (d) Income from a contract shall be considered compensation for a full year regardless of the frequency of compensation as: (1) Stipulated in the terms of the contract; or (2) Determined at the convenience of the employer. (e) The annual income household members received from contracted employment described above shall be averaged over a twelve-month period to determine the members' average monthly income. To determine household eligibility and the basis of issuance: (1) All other monthly income from other household members shall be added to the average monthly income; and (2) Income exclusions and deductions shall be applied in the normal manner. [Eff 3/19/93; am and comp 11/19/05; comp 10/07/10] (Auth: HRS §346-14) (Imp: 7 C.F.R. §273.10(c)(3)) §