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Regular Session, 2012
HOUSE BILL NO. 1110
BY REPRESENTATIVE THOMPSON
RETIREMENT/TEACHERS: Authorizes certain reemployed retired teachers to receive a
retirement benefit while reemployed and limits the salary of such reemployed
retirees
AN ACT1
To amend and reenact R.S. 11:710(A)(1), (E)(1), and (F), relative to rehired retirees in the2
Teachers Retirement System of Louisiana; to provide relative to certain rehired3
retirees; to provide for reemployment of retired teachers in areas that are not critical4
shortage areas; to provide caps on compensation; 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), (E)(1), and (F) are hereby amended and reenacted to10
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) A retired member who returns to active service covered by the15
provisions of this Chapter as a full-time or part-time classroom teacher who teaches16
any student in kindergarten through twelfth grade in a critical teacher shortage area.17
For 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 12RS-2268 ORIGINAL
HB NO. 1110
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provisions of Subsection F of this Section. For purposes of this Paragraph,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
(b) A retired member who returns to active service covered by the provisions11
of this Chapter as a full-time or part-time classroom teacher who teaches any student12
in kindergarten through twelfth grade in an area that is not a critical shortage area.13
* * *14
E.(1)(a) Except as provided in Subparagraph (b) of this Paragraph, the The15
salary of any retired teacher who is reemployed pursuant to the provisions of this16
Section shall be based on the salary schedule which accounts for all prior years of17
teaching service and pertinent experience. 18
(b) For a teacher reemployed under the provisions of Subparagraph (A)(1)(b)19
of this Section, the maximum salary such teacher shall only be eligible to receive is20
twenty percent of the salary he would be eligible for under the local school board21
salary scale if he were not retired or the salary for a person with five years of22
teaching experience under the local school board salary scale, whichever is higher.23
* * *24
F. No "retired teacher" as defined in Paragraph Subparagraph (A)(1)(a) of25
this Section shall receive a benefit during the period of his reemployment as26
provided in this Section unless and until the superintendent and personnel director27
of his employing school have certified to the Board of Elementary and Secondary28
Education and the board of trustees of this system that a shortage of teachers exists29 HLS 12RS-2268 ORIGINAL
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in the critical shortage area in which the retired teacher was hired to teach. Prior to1
making such certification for any full-time teaching position, the employer shall2
cause to be advertised in the official journal of the employer's governing authority,3
on two separate occasions, notice that a shortage of certified teachers exists and the4
positions sought to be filled. If a certified applicant who is not a retiree applies for5
an advertised position, such person shall be hired before any certified retired teacher6
is employed, unless fewer than three teachers have applied for the position each of7
whom are certified in the critical shortage area being filled.8
* * *9
Section 2. This Act shall become effective upon signature by the governor or, if not10
signed by the governor, upon expiration of the time for bills to become law without signature11
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If12
vetoed by the governor and subsequently approved by the legislature, this Act shall become13
effective on the day following such approval.14
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)]
Thompson HB No. 1110
Abstract: Provides for the reemployment of and receipt of retirement benefits by retired
K-12 classroom teachers in areas that are not "critical shortage areas". Provides a
limit on salaries for such reemployed teachers.
Present law authorizes retired members of TRSL to be reemployed in certain positions in
certain circumstances and to continue receiving a retirement benefit. One such position is
as a K-12 classroom teacher in a critical shortage area. A "critical shortage area" under
present law is any subject area where a shortage of certified teachers exists as certified by
the superintendent and personnel director of the reemployed teacher's school to the Board
of Elementary and Secondary Education and the TRSL board.
Proposed law retains present law.
Proposed law authorizes the reemployment of a member as a K-12 classroom teacher in an
area that is not a "critical shortage area".
Present law provides that reemployed retired teachers shall receive a salary based on the
salary schedule which accounts for all prior years of teaching and pertinent experience.
Proposed law retains present law for teachers in "critical shortage areas" and for other
personnel authorized to return to work and continue receiving a retirement benefit. HLS 12RS-2268 ORIGINAL
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For reemployed retired teachers authorized by proposed law to return to work and continue
receiving a retirement benefit, proposed law caps the salary the teacher may receive at the
higher of either:
(1)20% of the applicable salary under the local school board salary scale.
(2)The applicable salary under the local school board salary scale for a person with five
years of teaching experience.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 11:710(A)(1), (E)(1), and (F))