HLS 11RS-698 REENGROSSED
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Regular Session, 2011
HOUSE BILL NO. 369
BY REPRESENTATIVES GARY SMITH, BALDONE, BARROW, BISHOP, BURRELL,
GISCLAIR, HARDY, HOFFMANN, SAM JONES, KATZ, LAFONTA, MONICA,
MONTOUCET, PATRICIA SMITH, ST. GERMAIN, STIAES, AND WILLMOTT
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) A retired member who has a valid Louisiana teaching certificate who16
returns to active service covered by the provisions of this Chapter who is assigned17
the professional activities of instructing adults through an adult education or literacy18 HLS 11RS-698 REENGROSSED
HB NO. 369
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program administered through a public institution of elementary or secondary1
education. Such individual's earnings from his return to active service shall not2
exceed twenty-five percent of his benefit during any fiscal year. If actual earnings3
exceed this amount in any fiscal year, the benefits payable to the retiree shall be4
reduced by the amount in excess of twenty-five percent of his benefit.5
* * *6
D. When any retiree returns to active service with an employer covered by7
the provisions of this Chapter, the employing agency shall, within thirty days8
thereafter, notify the board of trustees in writing of such employment, the date on9
which employment commenced, and a determination by the employer as to whether10
such person is a "retired teacher" pursuant to Subsection A of this Section. Upon11
termination, the agency shall provide the same notice. In addition, the employing12
agency shall also report to the retirement system within forty-five days after June13
thirtieth of each year, the name of all persons being paid by the employing agency,14
their social security numbers, their designation as part-time or full-time, and the15
amount of their earnings during the previous fiscal year ending on June thirtieth of16
the reporting year. Should failure to give notice of return to active service result in17
any payment being made in violation of this Section, the employing agency shall be18
liable to the system for the repayment of such amounts.19
* * *20
Section 2. The cost of this Act, if any, shall be funded with additional employer21
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.22
Section 3. This Act shall become effective on July 1, 2011; if vetoed by the governor23
and subsequently approved by the legislature, this Act shall become effective on July 1,24
2011, or on the day following such approval by the legislature, whichever is later.25 HLS 11RS-698 REENGROSSED
HB NO. 369
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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)]
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 instructing adults through an adult education or literacy
program.
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:
(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
to teach in an adult education or literacy program administered through a K through 12
school.
Proposed law provides that the earnings of any such person shall not exceed 25% of his
retirement benefit in any fiscal year. If earnings exceed this amount, such person's
retirement benefit will be reduced by the amount in excess of the 25%.
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.
Proposed law requires that any cost of proposed law be funded with additional employer
contributions in compliance with Art. X, Sec. 29(F) of the Const. of La.
Effective July 1, 2011.
(Amends R.S. 11:710(D); Adds R.S. 11:710(A)(4)) HLS 11RS-698 REENGROSSED
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Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Retirement to the original
bill.
1. Changes proposed law from allowing a TRSL retiree to receive a retirement
benefit upon being reemployed on a part-time basis to allowing a retiree
reemployed on a part-time basis as an instructor in an adult education or literacy
program administered through a K through 12 school to receive a benefit during
reemployment.
House Floor Amendments to the engrossed bill.
1. Changes the limitations under which a TRSL retiree reemployed as an instructor
in an adult education or literacy program administered through a K through 12
school may receive a retirement benefit upon reemployment under proposed law.
Changes from a 20 hour per week limitation on reemployment to reemployment
earnings being limited to 25% of such teacher's retirement benefit.