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ACT No. 395
`Regular Session, 2011
HOUSE BILL NO. 417
BY REPRESENTATIVES CORTEZ, ARMES, ARNOLD, BOBBY BADON, BALDONE,
BARRAS, BISHOP, BURFORD, HENRY BURNS, BURRELL, CARMODY,
CARTER, CHAMPAGNE, CHANDLER, CHANEY, DIXON, DOWNS, FANNIN,
GISCLAIR, GUINN, HARDY, HENDERSON, HOFFMANN, HOWARD, SAM
JONES, KATZ, LANDRY, LEBAS, LOPINTO, MONTOUCET, NOWLIN, POPE,
RICHARD, RICHARDSON, SCHRODER, SEABAUGH, GARY SMITH, JANE
SMITH, THIBAUT, AND WOOTON AND SENATORS LONG, THOMPSON,
AND WALSWORTH
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(A)(1), (B)(1)(a), (C)(2), and (D), to enact R.S.2
11:710(A)(4), and to repeal R.S. 11:710(H), relative to the Teachers' Retirement3
System of Louisiana; to allow certain retirees reemployed as substitute teachers to4
receive benefits during reemployment; to provide limitations; to provide an effective5
date; and to provide for related matters.6
Notice of intention to introduce this Act has been published7
as provided by Article X, Section 29(C) of the Constitution8
of Louisiana.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 11:710(A)(1), (B)(1)(a), (C)(2), and (D) are hereby amended and11
reenacted and R.S. 11:710(A)(4) is hereby enacted to read as follows: 12
ยง710. Employment of retirees13
A. For purposes of this Section, "retired teacher" shall mean any of the14
following:15
(1) A retired member who returns to active service covered by the provisions16
of this Chapter as a full-time or part-time classroom teacher who teaches any student17
in kindergarten through twelfth grade in a critical teacher shortage area. For18
purposes of this Paragraph, "critical shortage area" shall mean any subject area19
where a shortage of certified teachers exists in that subject area, subject to the20 ENROLLEDHB 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 returns to active service covered by the provisions12
of this Chapter as a substitute classroom teacher who teaches any student in13
kindergarten through twelfth grade. For purposes of this Paragraph "substitute14
classroom teacher" shall mean a classroom teacher employed in a temporary capacity15
to fill the position of another classroom teacher who is unavailable to teach for any16
reason. Such substitute classroom teacher's earnings from his return to active service17
shall not exceed twenty-five percent of his benefit during any fiscal year. If actual18
earnings exceed this amount in any fiscal year, the benefits payable to the retiree19
shall be reduced by the amount in excess of twenty-five percent of his benefit.20
* * *21
B.(1)(a) Any retired teacher who returns to active service covered by the22
provisions of this Chapter within the twelve-month period immediately following the23
effective date of such retirement shall have his retirement benefits suspended for the24
duration of such active service or the lapse of twelve months from the effective date25
of his retirement, whichever occurs first, even if such service is based on26
employment by contract or corporate contract. If any retired member returns to27
active service in a position qualifying him as a retired teacher under more than one28
provision of this Section providing for an earnings limitation of twenty-five percent29
of his retirement benefit in any fiscal year, the twenty-five percent earnings30 ENROLLEDHB NO. 417
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limitation shall apply to the total earnings of such retired teacher for all such1
positions in such fiscal year.2
* * *3
C.4
* * *5
(2) Any retired member not considered a retired teacher as defined in6
Subsection A of this Section shall have his benefit suspended for the duration of his7
period of reemployment in such position even if such reemployment is based on8
employment by contract or corporate contract. Such member and his employer shall9
not make contributions to the system during such time, and he shall receive no10
additional service credit nor accrue any additional retirement benefits.11
* * *12
D. When any retiree returns to active service with an employer covered by13
the provisions of this Chapter, the employing agency shall, within thirty days14
thereafter, notify the board of trustees in writing of such employment, the date on15
which employment commenced, and a determination by the employer as to whether16
such person is a "retired teacher" pursuant to Subsection A of this Section. Upon17
termination, the agency shall provide the same notice. In addition, the employing18
agency shall also report to the retirement system within forty-five days after June19
thirtieth of each year, the name of all persons being paid by the employing agency20
and all persons having received a benefit pursuant to the provisions of this Section,21
their along with such individuals' social security numbers, their positions, and the22
amount of their earnings during the previous fiscal year ending on June thirtieth of23
the reporting year. Additionally, the employing agency must transmit a monthly24
contributions report pursuant to R.S. 11:888(A). Such monthly reports shall be25
transmitted within thirty days of the last day of each month and shall include the26
salary paid to all individuals identified as a "retired teacher" pursuant to Subsection27
A of this Section. Should failure to give notice of return to active service or failure28
to report any other information required by this Section result in any payment being29 ENROLLEDHB NO. 417
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made in violation of this Section, the employing agency shall be liable to the system1
for the repayment of such amounts.2
* * *3
Section 2. R.S. 11:710(H) is hereby repealed in its entirety.4
Section 3. The cost of this Act, if any, shall be funded with additional employer5
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.6
Section 4. This Act shall become effective if and when the Act which originated as7
Senate Bill No. 6 of the 2011 Regular Session of Legislature becomes effective.8
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: