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Regular Session, 2010
HOUSE BILL NO. 739
BY REPRESENTATIVE HOFFMANN
TEACHERS: Provides relative to the employment as a full-time teacher of a member of the
Teachers' Retirement System of La. who is retired
AN ACT1
To amend and reenact R.S. 11:710(D); to provide relative to the employment as a full-time2
teacher of a member of the Teachers' Retirement System of Louisiana who is retired;3
to provide relative to salary determinations; to provide relative to employment4
contracts; to provide limitations; to provide relative to the dismissal or discharge of5
the reemployed retiree; to provide effectiveness; to provide an effective date; and to6
provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 11:710(D) is hereby amended and reenacted to read as follows: 9
ยง710. Employment of retirees10
* * *11
D.(1)(a) Except as otherwise provided in Subparagraph (b) of this12
Paragraph, The the salary of any retiree who is reemployed as a full-time teacher13
pursuant to the provisions of this Section shall be based on the salary schedule which14
accounts for all prior years of teaching service and pertinent experience.15
(b)(i) Notwithstanding any law, rule, or regulation to the contrary, the salary16
of any retiree who is first reemployed on or after July 1, 2010, as a full-time teacher17
pursuant to the provisions of this Section shall be an amount that is negotiated and18
agreed to in writing by the retiree and the employer. Such amount need not be based19 HLS 10RS-281 ENGROSSED
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on a salary schedule which accounts for all prior years of teaching service and1
pertinent experience.2
(ii) Notwithstanding any law, rule, or regulation to the contrary, the salary3
of any retiree first reemployed prior to July 1, 2010, as a full-time teacher pursuant4
to the provisions of this Section and who remains so employed with the same5
employer shall be governed by the provisions of Subparagraph (a) of this Paragraph6
or the provisions of Item (i) of this Subparagraph as determined in writing by the7
reemployed retiree by not later than July 1, 2011.8
(2)(a) Except as otherwise provided in Subparagraph (b) of this Paragraph,9
The the status of any retiree who is reemployed pursuant to the provisions of this10
Section shall be the same as a full-time active employee and shall be governed by the11
applicable rules, procedures, policies, and statutes that apply to all such full-time12
active employees.13
(b)(i) Notwithstanding any law, rule, or regulation to the contrary, any retiree14
who is first reemployed on or after July 1, 2010, as a full-time teacher pursuant to15
the provisions of this Section shall be employed in accordance with an employment16
contract and such contract shall terminate not later than the end of the school year.17
The reemployed retiree and his employer may enter into such a contract for a18
subsequent school year. During the term of the employment contract, the19
reemployed retiree may be dismissed or discharged in the same manner as provided20
by law for a teacher serving a probationary term of employment.21
(ii) The provisions of Item (i) of this Subparagraph shall not be applicable22
to any retiree who is first reemployed prior to July 1, 2010, as a full-time teacher23
pursuant to the provisions of this Section and who remains so employed with the24
same employer unless the reemployed retiree determines otherwise in writing by not25
later than July 1, 2011.26
Section 2. This Act shall become effective upon signature by the governor or, if not27
signed by the governor, upon expiration of the time for bills to become law without signature28
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If29 HLS 10RS-281 ENGROSSED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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)]
Hoffmann HB No. 739
Abstract: Regarding the employment (on or after July 1, 2010) as a full-time teacher of a
member of TRSL who is retired, provides relative to salary amounts, the use of
employment contracts, and dismissal or discharge. Provides certain options on such
matters to a retiree reemployed prior to July 1, 2010, and provides that such option
shall be exercised by not later than July 1, 2011.
Relative to the employment of retirees in the Teachers' Retirement System of La. (TRSL):
Present law (R.S. 11:710(D)(1)) provides that the salary of any retiree who is reemployed
as a full-time teacher shall be based on the salary schedule which accounts for all prior years
of teaching service and pertinent experience.
Proposed law retains present law. Provides additionally that the salary of any retiree who
is first reemployed on or after July 1, 2010, as a full-time teacher shall be an amount that is
negotiated and agreed to in writing by the retiree and the employer. Specifies that such
amount need not be based on a salary schedule which accounts for all prior years of teaching
service and pertinent experience.
Proposed law also provides that the salary of any retiree first reemployed prior to July 1,
2010, as a full-time teacher and who remains so employed with the same employer shall be
governed by the provisions of present law or the provisions of proposed law as determined
in writing by the reemployed retiree by not later than July 1, 2011.
Present law (R.S. 11:710(D)(2)) provides that the status of any retiree who is reemployed
shall be the same as a full-time active employee and shall be governed by the applicable
rules, procedures, policies, and statutes that apply to all such full-time active employees.
Proposed law retains present law. Provides additionally that any retiree who is first
reemployed on or after July 1, 2010, as a full-time teacher shall be employed in accordance
with an employment contract and that such contract shall terminate not later than the end of
the school year. Allows the reemployed retiree and his employer to enter into such a
contract for a subsequent school year. Specifies that during the term of the employment
contract, the reemployed retiree may be dismissed or discharged in the same manner as
provided by law for a teacher serving a probationary term of employment.
Proposed law also provides that its provisions shall not be applicable to any retiree who is
first reemployed prior to July 1, 2010, as a full-time teacher and who remains so employed
with the same employer unless the reemployed retiree determines otherwise in writing by
not later than July 1, 2011.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:710(D))