HLS 11RS-698 ORIGINAL Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. Regular Session, 2011 HOUSE BILL NO. 369 BY REPRESENTATIVE GARY SMITH Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana. RETIREMENT/TEACHERS: Relative to the Teachers' Retirement System of Louisiana (TRSL), allows certain reemployed retirees to receive retirement benefits upon reemployment AN ACT1 To amend and reenact R.S. 11:710(D) and to enact R.S. 11:710(A)(4), relative to the2 Teachers' Retirement System of Louisiana; to allow certain reemployed retirees to3 receive benefits during reemployment; to provide an effective date; and to provide4 for related matters.5 Notice of intention to introduce this Act has been published6 as provided by Article X, Section 29(C) of the Constitution7 of Louisiana.8 Be it enacted by the Legislature of Louisiana:9 Section 1. R.S. 11:710(D) is hereby amended and reenacted and R.S. 11:710(A)(4)10 is hereby enacted to read as follows: 11 ยง710. Employment of retirees12 A. For purposes of this Section, "retired teacher" shall mean any of the13 following:14 * * *15 (4) Any retired member returning to active service covered by the provisions16 of this Chapter on a part-time basis.17 * * *18 HLS 11RS-698 ORIGINAL HB NO. 369 Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. D. When any retiree returns to active service with an employer covered by1 the provisions of this Chapter, the employing agency shall, within thirty days2 thereafter, notify the board of trustees in writing of such employment, the date on3 which employment commenced, and a determination by the employer as to whether4 such person is a "retired teacher" pursuant to Subsection A of this Section. Upon5 termination, the agency shall provide the same notice. In addition, the employing6 agency shall also report to the retirement system within forty-five days after June7 thirtieth of each year, the name of all persons being paid by the employing agency,8 their social security numbers, their designation as part time or full time, and the9 amount of their earnings during the previous fiscal year ending on June thirtieth of10 the reporting year. Should failure to give notice of return to active service result in11 any payment being made in violation of this Section, the employing agency shall be12 liable to the system for the repayment of such amounts.13 * * *14 Section 2. The cost of this Act, if any, shall be funded with additional employer15 contributions in compliance with Article X, Section 29(E)(5)(b) of the Constitution of16 Louisiana.17 Section 3. This Act shall become effective on July 1, 2011; if vetoed by the governor18 and subsequently approved by the legislature, this Act shall become effective on July 1,19 2011, or on the day following such approval by the legislature, whichever is later.20 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)] Gary Smith HB No. 369 Abstract: Relative to the Teachers' Retirement System of La. (TRSL), allows a reemployed retiree to receive a retirement benefit during reemployment if he returns to TRSL- covered employment on a part-time basis. Present law prohibits any TRSL retiree other than a "retired teacher" from receiving a retirement benefit while reemployed. Provides that anyone other than a "retired teacher" shall have his benefit suspended during reemployment. Defines "retired teacher" as: HLS 11RS-698 ORIGINAL HB NO. 369 Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. (1)Any retired member who returns to work full time or part time as a classroom teacher offering instructional services to any student in grades K through 12 in a "critical shortage area". (2)Any other retired member reemployed on or before June 30, 2010. (3)Any retired member who returns to active service as a full-time certified speech therapist, speech pathologist, or audiologist whose position of employment requires a valid La. ancillary certificate approved and issued by the state Dept. of Education in a school district where a shortage exists. Proposed law adds to the definition of "retired teacher", and therefore to the list of reemployed retirees who may receive a benefit during reemployment, any retiree reemployed in any TRSL-eligible position on a part-time basis. Present law requires an employer to submit to TRSL certain information after the end of each fiscal year, including the name of all persons being paid by the employing agency, their social security numbers, and the amount of their earnings during the previous fiscal year. Proposed law requires additionally that the employer report to TRSL an employee's status as part time or full time. Effective July 1, 2011. (Amends R.S. 11:710(D); Adds R.S. 11:710(A)(4))