HLS 10RS-464 ORIGINAL
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Regular Session, 2010
HOUSE BILL NO. 227
BY REPRESENTATIVE PEARSON
RETIREME NT/TEACHERS: Relative to the Teachers' Retirement System of Louisiana,
provides relative to rehired retirees
AN ACT1
To amend and reenact R.S. 11:710, relative to reemployment of retirees in the Teachers'2
Retirement System of Louisiana; to prohibit retirees reemployed in certain positions3
from receiving benefits during the period of reemployment; to provide relative to4
contributions during such period; to provide for an effective date; and to provide for5
related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:710 is hereby amended and reenacted to read as follows: 11
ยง710. Employment of retirees12
A. For purposes of this Section, "retired teacher" shall mean any of the13
following:14
(1) A retired member who returns to active service covered by the provisions15
of this Chapter as a classroom teacher who teaches any student in kindergarten16
through twelfth grade. For purposes of this Paragraph, "classroom teacher" shall17
mean any employee, excluding librarians, guidance counselors, aides, substitutes,18
para-professionals, or classroom assistants whose position of employment requires19
a valid Louisiana teaching certificate and who is assigned the professional activities20 HLS 10RS-464 ORIGINAL
HB NO. 227
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of instructing pupils in courses in classroom situations for which daily pupil1
attendance figures for the school system are kept. Such classroom situations may2
include teaching in a school classroom or in other settings such as a home or hospital3
or other learning situations such as cocurricular activities, which instruction may be4
provided in person or through an approved medium such as television, radio,5
computer, Internet, multimedia telephone, and correspondence that is delivered6
inside or outside the classroom or in other teacher-student settings.7
(2) A retired member who returns to active service covered by the provisions8
of this Chapter who had been reemployed for at least twelve months as of July 1,9
2010; however, if such individual again retires subsequent to July 1, 2010, and is10
later reemployed, he shall not be considered a "retired teacher" unless he meets the11
requirements of Paragraph (1) of this Subsection.12
A B.(1)(a) Any member of this system who retires and then retired teacher13
who returns to active service covered by the provisions of this Chapter within the14
twelve-month period immediately following the effective date of such retirement15
shall have his retirement benefits suspended for the duration of such active service16
or the lapse of twelve months from the effective date of his retirement, whichever17
occurs first, even if such service is based on employment by contract or corporate18
contract.19
(b) If the reemployment of a retired teacher is based on an agreement20
between the retired teacher and his employer where such agreement was perfected21
prior to the such teacher's effective date of retirement and where the agreement22
allows for such a teacher to become reemployed within twelve months immediately23
following the effective date of the teacher's retirement, such reemployed teacher24
shall not be eligible to receive retirement benefits for the twelve-month period25
immediately following the effective date of such reemployment, regardless of26
whether such agreement is express or implied. The provisions of this Subparagraph27
shall be applied prospectively beginning on July 1, 2001.28 HLS 10RS-464 ORIGINAL
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(c) The twelve-month period immediately following the effective date of a1
member's retired teacher's retirement shall be known as the "waiting period".2
(2) Any member of this system retired teacher who retires based on a3
disability shall not be authorized to return to service pursuant to the provisions of4
this Section. Disability retirees shall be covered by the provisions of this Chapter5
applicable to disability retirees.6
B C.(1) During the period of his return to active service, the retiree retired7
teacher and his employer shall make contributions to the retirement system as8
provided by this Chapter, but the retiree such teacher shall receive no additional9
service credit nor accrue any additional retirement benefits in the retirement system.10
Upon termination of such active service, the member retired teacher shall, upon11
application, be refunded the employee contributions paid since reemployment. The12
refund shall be without interest. The retirement system shall retain the employer13
contributions.14
(2) Any retired member not considered a retired teacher as defined in15
Subsection A of this Section shall have his benefit suspended for the duration of his16
period of reemployment in such position. Such member and his employer shall not17
make contributions to the system during such time, and he shall receive no additional18
service credit nor accrue any additional retirement benefits.19
(2) The provisions of this Subsection shall not apply to any retiree20
reemployed in a part-time position with the Louisiana High School Athletic21
Association on June 27, 2003.22
C D. When any retiree returns to active service with an employer covered23
by the provisions of this Chapter, the employing agency shall, within ten thirty days24
thereafter, notify the board of trustees in writing of such employment , and the date25
on which it employment commenced, and a determination by the employer as to26
whether such person is a "retired teacher" pursuant to Subsection A of this Section.27
Upon termination, the agency shall provide the same notice. In addition, to the28
above notice, the employing agency shall also report to the retirement system within29 HLS 10RS-464 ORIGINAL
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forty-five days after June thirtieth of each year, the name of all persons being paid1
by the employing agency, their social security numbers, and the amount of their2
earnings during the previous fiscal year ending on June thirtieth of the reporting year.3
Should failure to give notice of return to active service result in any payment being4
made in violation of this Section, the employing agency shall be liable to the system5
for the repayment of such amounts.6
D E.(1) The salary of any retiree who is reemployed as a full-time teacher7
retired teacher who is reemployed pursuant to the provisions of this Section shall be8
based on the salary schedule which accounts for all prior years of teaching service9
and pertinent experience.10
(2) The status of any retiree retired teacher who is reemployed pursuant to11
the provisions of this Section shall be the same as a full-time active employee and12
shall be governed by the applicable rules, procedures, policies, and statutes that13
apply to all such full-time active employees.14
F. Any retiree reemployed in a part-time position with the Louisiana High15
School Athletic Association on June 27, 2003, shall not have his retirement benefits16
suspended for the duration of his service in that position. During the period of such17
person's reemployment in such position, neither he nor his employer shall make18
contributions to the retirement system as provided by this Chapter and he shall19
receive no additional service credit nor accrue any additional retirement benefits in20
the retirement system; however, if such individual again retires subsequent to July21
1, 2010, and is later reemployed, he shall not be considered a "retired teacher" unless22
he meets the requirements of Paragraph (A)(1) of this Section.23
Section 2. This Act shall become effective on July 1, 2010; if vetoed by the governor24
and subsequently approved by the legislature, this Act shall become effective on July 1,25
2010, or on the day following such approval by the legislature, whichever is later.26 HLS 10RS-464 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Pearson HB No. 227
Abstract: Relative to the Teachers' Retirement System of Louisiana (TRSL), prohibits
retirees from receiving retirement benefits during the period of reemployment unless
such retirees are reemployed as classroom teachers in grades K through 12.
Present law (R.S. 11:710) allows any member of TRSL who retires and returns to active
TRSL-covered employment to receive retirement benefits after a 12-month waiting period
following the effective date of his retirement.
Proposed law prohibits anyone other than a "retired teacher", as defined by proposed law,
from receiving a retirement benefit pursuant to present law while reemployed. Provides that
anyone other than a "retired teacher" shall have his benefit suspended during reemployment.
Defines "retired teacher" as any retired member of TRSL who returns to work as a classroom
teacher offering instructional services to any student in grades K through 12 or any other
retired member reemployed for 12 months as of July 1, 2010.
Present law requires employers to submit certain information regarding reemployed retirees
to the retirement system within 10 days of their reemployment and to provide certain other
information annually.
Proposed law changes the 10-day requirement of present law to 30 days. Additionally,
provides that if the employer's failure to give notice of reemployment results in any
erroneous payment of benefits, the employer shall be liable to the system for the repayment
of such amounts
Effective July 1, 2010.
(Amends R.S. 11:710)