HLS 11RS-54 ORIGINAL
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Regular Session, 2011
HOUSE BILL NO. 417
BY REPRESENTATIVE CORTEZ
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 retirees rehired as substitute teachers to collect retirement benefits
during reemployment under certain circumstances
AN ACT1
To amend and reenact R.S. 11:710(A)(1), (D), and (H) and to enact R.S. 11:710(A)(4),2
relative to the Teachers' Retirement System of Louisiana; to allow certain retirees3
reemployed as substitute teachers to receive benefits during reemployment; to4
provide limitations; to provide an effective date; and to provide 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 (A)(1), (D), and (H) are hereby amended and reenacted and10
R.S. 11:710(A)(4) 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
(1) A retired member who returns to active service covered by the provisions15
of this Chapter as a full-time or part-time classroom teacher who teaches any student16
in kindergarten through twelfth grade in a critical teacher shortage area. For17
purposes of this Paragraph, "critical shortage area" shall mean any subject area18
where a shortage of certified teachers exists in that subject area, subject to the19 HLS 11RS-54 ORIGINAL
HB NO. 417
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provisions of Subsection F of this Section. For purposes of this Paragraph Section,1
"classroom teacher" shall mean any employee, whose position of employment2
requires a valid Louisiana teaching certificate and who is assigned the professional3
activities of instructing pupils in courses in classroom situations for which daily4
pupil attendance figures for the school system are kept. Such classroom situations5
may include teaching in a school classroom or in other settings such as a home or6
hospital or other learning situations such as cocurricular activities, which instruction7
may be provided in person or through an approved medium such as television, radio,8
computer, Internet, multimedia telephone, and correspondence that is delivered9
inside or outside the classroom or in other teacher-student settings.10
* * *11
(4) A retired member who has at least thirty years of service credit or who12
has attained the age of sixty and who returns to active service covered by the13
provisions of this Chapter as a substitute classroom teacher who teaches any student14
in kindergarten through twelfth grade in a subject for which there are no non-retiree15
members of this system qualified to teach on the school's list of substitute classroom16
teachers. For purposes of this Paragraph "substitute classroom teacher" shall mean17
a classroom teacher employed in a temporary capacity to fill the position of another18
classroom teacher who is unavailable to teach for any reason.19
* * *20
D. When any retiree returns to active service with an employer covered by21
the provisions of this Chapter, the employing agency shall, within thirty days22
thereafter, notify the board of trustees in writing of such employment, the date on23
which employment commenced, and a determination by the employer as to whether24
such person is a "retired teacher" pursuant to Subsection A of this Section. Upon25
termination, the agency shall provide the same notice. In addition, the employing26
agency shall also report to the retirement system within forty-five days after June27
thirtieth of each year, the name of all persons being paid by the employing agency28
employees of the employing agency and all persons having received a benefit29 HLS 11RS-54 ORIGINAL
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pursuant to the provisions of this Section, their along with such individuals' social1
security numbers, their positions and the amount of their earnings during the2
previous fiscal year ending on June thirtieth of the reporting year. Should failure to3
give notice of return to active service or failure to report any other information4
required by this Section result in any payment being made in violation of this5
Section, the employing agency shall be liable to the system for the repayment of such6
amounts.7
* * *8
H. By August 15, 2010, each employer shall report to the system and to the9
House and Senate committees on retirement the names, positions, and salaries of10
each person reemployed by such employer as of January 1, 2010, who was receiving11
a retirement benefit pursuant to the provisions of this Section. Each calendar year12
thereafter, by January fifteenth of such year, the employer shall report to the system13
and to the House and Senate committees on retirement the names, positions, and14
salaries of each person reemployed by such employer as of January first of that year15
who was receiving a retirement benefit pursuant to the provisions of this Section.16
If any "retired teacher" as defined in Paragraph (A)(4) of this Section is17
reemployed for more than ninety working days in a fiscal year, the benefits payable18
to the retiree shall be reduced by the amount he earns for work beyond ninety days.19
Section 2. This Act shall become effective on July 1, 2011; if vetoed by the governor20
and subsequently approved by the legislature, this Act shall become effective on July 1,21
2011, or on the day following such approval by the legislature, whichever is later.22
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)]
Cortez HB No. 417
Abstract: Relative to the Teachers' Retirement System of La. (TRSL), allows certain
retirees reemployed as substitute teachers to receive a retirement benefit during
reemployment. HLS 11RS-54 ORIGINAL
HB NO. 417
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are additions.
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, retirees who have at
least 30 years of service credit or are at least 60 years of age and who are reemployed as
substitute K through 12 classroom teachers.
Proposed law provides that if a K through 12 substitute works more than 90 days in a fiscal
year, his retirement benefits shall be reduced by the amount he earns for work beyond 90
days.
Present law requires each employer to report to the system and to the House and Senate
committees on retirement the names, positions, and salaries of each person reemployed by
such employer as of Jan. 1, 2010, who was receiving a retirement benefit pursuant to the
provisions of present law. Requires such reports annually.
Proposed law changes the date of such reporting to within 45 days after June 30th. No
longer requires reporting to the House and Senate committees on retirement, and instead
requires such information to be reported to TRSL only.
Present law provides that if a failure by an employing agency to report on a reemployed
retiree causes any overpayment of benefits, the employer shall be liable to TRSL for
repayment of such overpayment.
Proposed law retains present law and provides further that the failure of the employing
agency to report to TRSL any information required by present law shall cause the employer
to be liable to TRSL for any overpayment of benefits.
Effective July 1, 2011.
(Amends R.S. 11:710(A)(1), (D), and (H); Adds R.S. 11:710(A)(4))