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Regular Session, 2012 ENROLLED
SENATE BILL NO. 19
BY SENATORS CORTEZ AND WAL SWORTH AND REPRESENTATI VE
HOFFMANN
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)(5), (6), and (7) and to repeal R.S. 11:710(H), relative to the Teachers'3
Retirement System of Louisiana; to provide for definitions; to allow certain retirees4
reemployed as substitute teachers to receive benefits during reemployment; to allow5
certain retirees reemployed as an instructor of adult education or literacy program6
to receive benefits during reemployment; to provide limitations; to provide for an7
effective date; and to provide for related matters.8
Notice of intention to introduce this Act has been published.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)(5), (6), and (7) are 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
provisions of Subsection F of this Section. For purposes of this Paragraph Section,21
"classroom teacher" shall mean any employee, whose position of employment22
requires a valid Louisiana teaching certificate and who is assigned the professional23
activities of instructing pupils in courses in classroom situations for which daily24
pupil attendance figures for the school system are kept. Such classroom situations25
may include teaching in a school classroom or in other settings such as a home or26
ACT No. 297 SB NO. 19 ENROLLED
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hospital or other learning situations such as cocurricular activities, which instruction1
may be provided in person or through an approved medium such as television, radio,2
computer, Internet, multimedia telephone, and correspondence that is delivered3
inside or outside the classroom or in other teacher-student settings.4
* * *5
(5) A retired member who returns to active service covered by the6
provisions of this Chapter as a substitute classroom teacher who teaches any7
student in pre-kindergarten through twelfth grade. For purposes of this8
Paragraph "substitute classroom teacher" shall mean a classroom teacher9
employed in a temporary capacity to fill the position of another classroom10
teacher who is unavailable to teach for any reason. Such substitute classroom11
teacher's earnings from his return to active service shall not exceed twenty-five12
percent of his benefit during any fiscal year. If actual earnings exceed this13
amount in any fiscal year, the benefits payable to the retiree shall be reduced14
by the amount in excess of twenty-five percent of his benefit.15
(6) A retired member who holds an advanced degree in speech therapy,16
speech pathology, or audiology.17
(7) A retired member who has a valid Louisiana teaching certificate who18
returns to active service covered by the provisions of this Chapter who is19
assigned the professional activities of instructing adults through an adult20
education or literacy program administered through a public institution of21
elementary or secondary education. Such individual's earnings from his return22
to active service shall not exceed twenty-five percent of his benefit during any23
fiscal year. If actual earnings exceed this amount in any fiscal year, the benefits24
payable to the retiree shall be reduced by the amount in excess of twenty-five25
percent of his benefit.26
B.(1)(a) Any retired teacher who returns to active service covered by the27
provisions of this Chapter within the twelve-month period immediately following the28
effective date of such retirement shall have his retirement benefits suspended for the29
duration of such active service or the lapse of twelve months from the effective date30 SB NO. 19 ENROLLED
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of his retirement, whichever occurs first, even if such service is based on1
employment by contract or corporate contract. If any retired member returns to2
active service in a position qualifying him as a retired teacher under more than3
one provision of this Section providing for earning limitations, the most4
restrictive earnings limitation shall apply to the total earnings of the retired5
teacher for all such positions in a fiscal year.6
* * *7
C.8
* * *9
(2) Any retired member not considered a retired teacher as defined in10
Subsection A of this Section shall have his benefit suspended for the duration of his11
period of reemployment in such position even if such reemployment is based on12
employment by contract or corporate contract. Such member and his employer13
shall not make contributions to the system during such time, and he shall receive no14
additional service credit nor accrue any additional retirement benefits.15
* * *16
D. When any retiree returns to active service with an employer covered by17
the provisions of this Chapter, the employing agency shall, within thirty days18
thereafter, notify the board of trustees in writing of such employment, the date on19
which employment commenced, and a determination by the employer as to whether20
such person is a "retired teacher" pursuant to Subsection A of this Section. Upon21
termination, the agency shall provide the same notice. In addition, the employing22
agency shall also report to the retirement system within forty-five days after June23
thirtieth of each year, the name of all persons being paid by the employing agency24
and all persons having received a benefit pursuant to the provisions of this25
Section, their along with such individuals' social security numbers, their positions,26
their designation as part-time or full-time, and the amount of their earnings during27
the previous fiscal year ending on June thirtieth of the reporting year. Additionally,28
the employing agency shall transmit a monthly contributions report pursuant29
to R.S. 11:888(A). Such monthly reports shall be transmitted within thirty days30 SB NO. 19 ENROLLED
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of the last day of each month and shall include the salary paid to all individuals1
identified as a "retired teacher" pursuant to Subsection A of this Section.2
Should failure to give notice of return to active service or failure to report any3
other information required by this Section result in any payment being made in4
violation of this Section, the employing agency shall be liable to the system for the5
repayment of such amounts.6
* * *7
Section 2. R.S. 11:710(H) is hereby repealed in its entirety.8
Section 3. The cost of this Act, if any, shall be funded with additional employer9
contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.10
Section 4. This Act shall become effective on July 1, 2012; if vetoed by the governor11
and subsequently approved by the legislature, this Act shall become effective on July 1,12
2012, or on the day following such approval by the legislature, whichever is later.13
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: