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ACT No. 394
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.
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
program administered through a public institution of elementary or secondary19
education. Such individual's earnings from his return to active service shall not20
exceed twenty-five percent of his benefit during any fiscal year. If actual earnings21
exceed this amount in any fiscal year, the benefits payable to the retiree shall be22
reduced by the amount in excess of twenty-five percent of his benefit.23
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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 parttime or fulltime, 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
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Section 2. The cost of this Act, if any, shall be funded with additional employer15
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.16
Section 3. This Act shall become effective if and when the Act which originated as17
Senate Bill No. 6 of the 2011 Regular Session of Legislature becomes effective.18
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: