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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
classroom teacher of a member of the Teachers' Retirement System of Louisiana3
who is retired; to provide relative to salary determinations; to provide relative to4
employment contracts; to provide limitations; to provide relative to the dismissal or5
discharge of the reemployed retiree; to provide effectiveness; to provide an effective6
date; and to 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 classroom13
teacher pursuant to the provisions of this Section shall be based on the salary14
schedule which accounts for all prior years of teaching service and pertinent15
experience.16
(b)(i) Notwithstanding any law, rule, or regulation to the contrary, the salary17
of any retiree who has been retired for at least three years and who is first18
reemployed on or after July 1, 2010, as a full-time classroom teacher pursuant to the19 HLS 10RS-281 REENGROSSED
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provisions of this Section to teach a subject other than a subject in a critical shortage1
area shall be governed by the provisions of Item (ii) of this Subparagraph.2
(ii) For the purposes of this Subparagraph, the governing authority of a3
public elementary or secondary school may adopt a salary schedule applicable to all4
reemployed retirees that differs from its regular salary schedule provided that the5
minimum annual salary payable to a reemployed retiree is not less than the amount6
established by the regular salary schedule for a beginning teacher with a7
baccalaureate degree and no experience.8
(iii) Notwithstanding any law, rule, or regulation to the contrary, the salary9
of any retiree first reemployed prior to July 1, 2010, as a full-time teacher pursuant10
to the provisions of this Section and who remains so employed with the same11
employer shall be governed by the provisions of Subparagraph (a) of this Paragraph12
or the provisions of Item (i) of this Subparagraph as determined in writing by the13
reemployed retiree by not later than July 1, 2011.14
(2)(a) Except as otherwise provided in Subparagraph (b) of this Paragraph,15
The the status of any retiree who is reemployed pursuant to the provisions of this16
Section shall be the same as a full-time active employee and shall be governed by the17
applicable rules, procedures, policies, and statutes that apply to all such full-time18
active employees.19
(b)(i) Notwithstanding any law, rule, or regulation to the contrary, any retiree20
who is first reemployed on or after July 1, 2010, as a full-time teacher pursuant to21
the provisions of this Section shall be employed in accordance with an employment22
contract and such contract shall terminate not later than the end of the school year.23
The reemployed retiree and his employer may enter into such a contract for a24
subsequent school year. During the term of the employment contract, the25
reemployed retiree may be dismissed or discharged in the same manner as provided26
by law for a teacher serving a probationary term of employment.27
(ii) The provisions of Item (i) of this Subparagraph shall not be applicable28
to any retiree who is first reemployed prior to July 1, 2010, as a full-time teacher29 HLS 10RS-281 REENGROSSED
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pursuant to the provisions of this Section and who remains so employed with the1
same employer unless the reemployed retiree determines otherwise in writing by not2
later than July 1, 2011.3
Section 2. This Act shall become effective upon signature by the governor or, if not4
signed by the governor, upon expiration of the time for bills to become law without signature5
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If6
vetoed by the governor and subsequently approved by the legislature, this Act shall become7
effective on the day following such approval.8
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 classroom
teacher of a member of TRSL who has been retired for at least three years and has
been reemployed to teach a subject other than one in a critical shortage area,
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 except to refer to a full-time classroom teacher rather than
a full-time teacher.
Proposed law provides additionally that the salary of any retiree who has been retired for at
least three years and who is first reemployed on or after July 1, 2010, as a full-time
classroom teacher to teach a subject other than a subject in a critical shortage area shall be
governed by proposed law. Relative to such reemployed retirees, provides that the
governing authority of a public elementary or secondary school may adopt a salary schedule
applicable to all such persons if the minimum annual salary payable to such reemployed
retiree is not less than the amount established in the regular salary schedule for a beginning
teacher with a baccalaureate degree and no 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. HLS 10RS-281 REENGROSSED
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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 reemploye d 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))
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Changed present law to provide relative to the salary of any retiree who is
reemployed as a full-time classroom teacher rather than to provide relative to the
salary of any retiree who is reemployed as a full-time teacher.
2. Changed proposed law to provide that the salary of any retiree who has been
retired for at least three years and who is first reemployed on or after July 1,
2010 as a full-time classroom teacher to teach a subject other than a subject in
a critical shortage area shall be governed by proposed law rather than to provide
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 by the
retiree and the employer and to specify that such amount need not be based on
a salary schedule which accounts for all prior years of teaching service and
pertinent experience.
3. Added proposed law provision (relative to a retiree who is first reemployed on
or after July 1, 2010 as a full-time classroom teacher to teach a subject other than
one in a critical shortage area) to provide that for all such persons the governing
authority of a public elementary or secondary school may adopt a salary schedule
that differs from its regular salary schedule if the minimum annual salary for
such persons is not less than the amount established by the regular salary
schedule for a beginning teacher with a baccalaureate degree and no experience.