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2015 Regular Session
SENATE BILL NO. 20
BY SENATOR LONG AND REPRESENTATI VE BROWN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TEACHERS RETIREMENT. Allows certain retirees to collect benefits during
reemployment. (2/3 - CA10s29(F)) (6/30/15)
1 AN ACT
2 To amend and reenact R.S. 11:710, relative to employment of retirees of the Teachers'
3 Retirement System of Louisiana; to allow certain retirees reemployed in certain
4 positions to receive benefits during reemployment; to provide limitations; to provide
5 for an effective date; and to provide for related matters.
6 Notice of intention to introduce this Act has been published.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 11:710 is hereby amended and reenacted to read as follows:
9 ยง710. Employment of retirees
10 A. For purposes of this Section, "retired teacher" shall mean any of the
11 following:
12 (1) A retired member who returns to active service covered by the provisions
13 of this Chapter as a full-time or part-time classroom teacher who teaches any student
14 in kindergarten through twelfth grade in a critical teacher shortage area. For
15 purposes of this Paragraph, "critical shortage area" shall mean any subject area
16 where a shortage of certified teachers exists in that subject area, subject to the
17 provisions of Subsection F of this Section. For purposes of this Section, "classroom
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1 teacher" shall mean any employee, whose position of employment requires a valid
2 Louisiana teaching certificate and who is assigned the professional activities of
3 instructing pupils in courses in classroom situations for which daily pupil attendance
4 figures for the school system are kept. Such classroom situations may include
5 teaching in a school classroom or in other settings such as a home or hospital or other
6 learning situations such as cocurricular activities, which instruction may be provided
7 in person or through an approved medium such as television, radio, computer,
8 Internet, multimedia telephone, and correspondence that is delivered inside or
9 outside the classroom or in other teacher-student settings.
10 (2) A retired member who returns to active service as a full-time certified
11 speech therapist, speech pathologist, or audiologist whose position of employment
12 requires a valid Louisiana ancillary certificate approved and issued by the state
13 Department of Education in a school district where a shortage exists.
14 (3) A retired member who returns to active service covered by the provisions
15 of this Chapter on or before June 30, 2010.
16 (4) A retired member who returns to active service covered by the provisions
17 of this Chapter who retired on or after May 1, 2009, and on or before June 30, 2010,
18 in a position requiring a valid Louisiana teaching certificate or a valid Louisiana
19 ancillary certificate.
20 (5) A retired member who returns to active service covered by the provisions
21 of this Chapter as a substitute classroom teacher who teaches any student in pre-
22 kindergarten through twelfth grade. For purposes of this Paragraph "substitute
23 classroom teacher" shall mean a classroom teacher employed in a temporary capacity
24 to fill the position of another classroom teacher who is unavailable to teach for any
25 reason. Such substitute classroom teacher's earnings from his return to active service
26 shall not exceed twenty-five percent of his benefit during any fiscal year. If actual
27 earnings exceed this amount in any fiscal year, the benefits payable to the retiree
28 shall be reduced by the amount in excess of twenty-five percent of his benefit.
29 (6) A retired member who holds an advanced degree in speech therapy,
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1 speech pathology, or audiology.
2 (7) A retired member who has a valid Louisiana teaching certificate who
3 returns to active service covered by the provisions of this Chapter who is assigned
4 the professional activities of instructing adults through an adult education or literacy
5 program administered through a public institution of elementary or secondary
6 education. Such individual's earnings from his return to active service shall not
7 exceed twenty-five percent of his benefit during any fiscal year. If actual earnings
8 exceed this amount in any fiscal year, the benefits payable to the retiree shall be
9 reduced by the amount in excess of twenty-five percent of his benefit.
10 (8) A retired member who returns to active service covered by the provisions
11 of this Chapter as an adjunct professor. For purposes of this Paragraph "adjunct
12 professor" shall mean part-time faculty, including instructors, assistant professors,
13 associate professors, and professors, assigned the professional activities of
14 instructing pupils or conducting research at a public institution of postsecondary
15 education. Such instruction may be provided in person or through an approved
16 medium such as television, radio, computer, Internet, multimedia telephone, or
17 correspondence and may be delivered inside or outside the classroom or in other
18 teacher-student settings. Such an adjunct professor's earnings from his return to
19 active service shall not exceed twenty-five percent of his benefit during any fiscal
20 year. If actual earnings exceed this amount in any fiscal year, the benefits payable
21 to the retiree shall be reduced by the amount in excess of twenty-five percent of his
22 benefit. Definitions.
23 As used in this Section, the following words and phrases shall have the
24 following meanings, unless a different meaning is clearly required by the
25 context:
26 (1) "Adjunct professor" means any part-time faculty, including any
27 instructor, assistant professor, associate professor, or professor, assigned the
28 professional activities of instructing pupils or conducting research at a public
29 institution of postsecondary education. Instruction may be provided in person
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1 or through an approved medium such as television, radio, computer, Internet,
2 multimedia telephone, or correspondence and may be delivered inside or
3 outside the classroom or in other teacher-student settings.
4 (2) "Classroom teacher" means any employee, whose position of
5 employment requires a valid Louisiana teaching certificate and who is assigned
6 the professional activities of instructing pupils in courses in classroom situations
7 for which daily pupil attendance figures for the school system are kept or is
8 assigned to proctor admission, evaluation, or assessment testing; however, such
9 proctoring shall not be considered a subject area for the purposes of
10 Subparagraph (3) of this Paragraph. Such classroom situations may include
11 teaching in school classrooms or in other settings such as homes or hospitals or
12 other learning situations including cocurricular activities. Instruction may be
13 provided in person or through an approved medium such as television, radio,
14 computer, Internet, multimedia telephone, or correspondence and may be
15 delivered inside or outside the classroom or in other teacher-student settings.
16 (3) "Critical shortage" means any situation where there exists a shortage
17 of certified teachers in a certain subject area or a shortage of certified speech
18 therapists, speech pathologists, audiologists, or school counselors, as further
19 provided in this Section.
20 (4) "Reemployment-eligible critical shortage position" or "critical
21 shortage position" means any of the following:
22 (a) A position for a full-time or part-time classroom teacher who teaches
23 any student in kindergarten through twelfth grade in a school where a critical
24 shortage exists.
25 (b) A position for a full-time certified speech therapist, speech
26 pathologist, audiologist, or school counselor whose position of employment
27 requires a valid Louisiana ancillary certificate approved and issued by the state
28 Department of Education in a school district where a critical shortage exists.
29 (5) "Reemployment-eligible position" means any of the following:
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1 (a) A position for a substitute classroom teacher who teaches any student
2 in pre-kindergarten through twelfth grade.
3 (b) A position assigned to the professional activities of instructing adults
4 through an adult education or literacy program administered through a public
5 institution of elementary or secondary education, provided the retiree has a
6 valid Louisiana teaching certificate.
7 (c) A position for an adjunct professor.
8 (6) "Reemployment-eligible retiree" means any of the following:
9 (a) A member who was retired on or before June 30, 2010.
10 (b) A retiree who holds an advanced degree in speech therapy, speech
11 pathology, or audiology.
12 (7) "Retired teacher" means any of the following:
13 (a) A person reemployed in a reemployment-eligible position as defined
14 in Paragraph (4) or (5) of this Subsection.
15 (b) A reemployment-eligible retiree as defined in Paragraph (6) of this
16 Subsection.
17 (8) "Substitute classroom teacher" means any classroom teacher
18 employed in a temporary capacity to fill the position of another classroom
19 teacher who is unavailable to teach or to proctor tests for any reason.
20 B.(1)(a) Any retired teacher who returns to active service covered by the
21 provisions of this Chapter within the twelve-month period immediately following the
22 effective date of such retirement shall have his retirement benefits suspended for the
23 duration of such active service or the lapse of twelve months from the effective date
24 of his retirement, whichever occurs first, even if such service is based on
25 employment by contract or corporate contract. If any retired member returns to
26 active service in a position qualifying him as a retired teacher retiree under more
27 than one provision of this Section providing for earning limitations, the most
28 restrictive earnings limitation shall apply to the total earnings of the retired teacher
29 retiree for all such positions in a fiscal year.
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1 (b) The earnings of any retiree returning to active service in a
2 reemployment-eligible position shall not exceed twenty-five percent of his
3 benefit during any fiscal year. If actual earnings exceed this amount in any
4 fiscal year, the benefits payable to the retiree shall be reduced by the amount
5 in excess of twenty-five percent of his benefit.
6 (c) If any retiree returns to active service in a position defined in more
7 than one Subparagraph of Paragraph (A)(5) of this Section providing for
8 earnings limitations, the most restrictive earnings limitation shall apply to the
9 total earnings of the retiree for all such positions in a fiscal year.
10 (d) If the reemployment of a retired teacher is based on an agreement
11 between the retired teacher and his employer where such agreement was perfected
12 prior to such teacher's the retiree's effective date of retirement and where the
13 agreement allows for such a teacher the retiree to become reemployed within twelve
14 months immediately following the effective date of the teacher's his retirement, such
15 teacher the retiree shall not be eligible to receive retirement benefits for the twelve-
16 month period immediately following the effective date of such reemployment,
17 regardless of whether such agreement is express or implied. The provisions of this
18 Subparagraph shall be applied prospectively beginning on July 1, 2001.
19 (c) The twelve-month period immediately following the effective date of a
20 retired teacher's retirement shall be known as the "waiting period".
21 (2) Any retired teacher No person who retires based on a disability shall not
22 be authorized to return to service pursuant to the provisions of this Section.
23 Disability retirees shall be covered by the provisions of this Chapter applicable to
24 disability retirees.
25 C.(1) During the period of his return to active service, the retired teacher and
26 his employer shall make contributions to the retirement system as provided by this
27 Chapter, but such teacher the retiree shall receive no additional service credit nor
28 and shall not accrue any additional retirement benefits in the retirement system.
29 Upon termination of such active service, the retired teacher shall, upon application,
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1 be refunded the employee contributions paid since reemployment. The refund shall
2 be without interest. The retirement system shall retain the employer contributions.
3 (2) Any retired member not considered a retired teacher as defined in
4 Subsection A Paragraph (A)(7) of this Section who returns to active service with
5 an employer covered by the provisions of this Chapter shall have his benefit
6 suspended for the duration of his period of reemployment in such position even if
7 such reemployment is based on employment by contract or corporate contract. Such
8 member The retiree and his employer shall not make contributions to the system
9 during such time, and he shall receive no additional service credit nor and shall not
10 accrue any additional retirement benefits.
11 (3) The provisions of this Subsection shall not apply to any retiree
12 reemployed in a part-time position with the Louisiana High School Athletic
13 Association on June 27, 2003.
14 D. When any retiree returns to active service with an employer covered by
15 the provisions of this Chapter, the employing agency shall, within thirty days
16 thereafter, notify the board of trustees in writing of such employment, the date on
17 which employment commenced, and a determination by the employer as to whether
18 such person is a "retired teacher" pursuant to Subsection A Paragraph (A)(7) of this
19 Section. Upon termination, the agency shall provide the same notice. In addition,
20 the employing agency shall also report to the retirement system within forty-five
21 days after June thirtieth of each year, the name names of all persons being paid by
22 the employing agency and all persons having received a benefit pursuant to the
23 provisions of this Section, along with such individuals' social security numbers, their
24 positions, their designation designations as part-time or full-time, and the amount
25 of their earnings during the previous fiscal year ending on June thirtieth of the
26 reporting year. Additionally, the employing agency shall transmit a monthly
27 contributions report pursuant to R.S. 11:888(A). Such monthly reports shall be
28 transmitted within thirty days of the last day of each month and shall include the
29 salary paid to all individuals each individual identified as a "retired teacher"
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1 pursuant to Subsection A of this Section. Should failure to give notice of return to
2 active service or failure to report any other information required by this Section
3 result in any payment being made in violation of this Section, the employing agency
4 shall be liable to the system for the repayment of such amounts.
5 E.(1) The salary of any retired teacher who is reemployed pursuant to the
6 provisions of this Section shall be based on the salary schedule which accounts for
7 all prior years of teaching service and pertinent experience.
8 (2) The status of any retired teacher who is reemployed pursuant to the
9 provisions of this Section shall be the same as a full-time active employee and shall
10 be governed by the applicable rules, procedures, policies, and statutes that apply to
11 all such full-time active employees.
12 F. No "retired teacher" as defined in Paragraph (A)(1) of this Section shall
13 receive a benefit during the period of his reemployment as provided in this Section
14 unless and until the superintendent and personnel director of his employing school
15 have certified to the Board of Elementary and Secondary Education and the board
16 of trustees of this system that a shortage of teachers exists in the critical shortage
17 area in which the retired teacher was hired to teach. Prior to making such
18 certification for any full-time teaching position, the employer shall cause to be
19 advertised in the official journal of the employer's governing authority, on two
20 separate occasions, notice that a shortage of certified teachers exists and the positions
21 sought to be filled. If a certified applicant who is not a retiree applies for an
22 advertised position, such person shall be hired before any certified retired teacher is
23 employed, unless fewer than three teachers have applied for the position each of
24 whom are certified in the critical shortage area being filled.
25 G. No "retired teacher" as defined in Paragraph (A)(2) of this Section shall
26 receive a benefit during the period of his reemployment as provided in this Section
27 unless and until the employing school board has certified to the Board of Elementary
28 and Secondary Education and the board of trustees of this system that a shortage of
29 speech therapists, speech pathologists or audiologists exists in the school district
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1 where reemployed. A retiree who is employed in a critical shortage position shall
2 not receive a benefit during the period of his reemployment as provided in this
3 Section unless and until the Board of Elementary and Secondary Education and
4 the board of trustees of this system have received certification that a critical
5 shortage exists. Prior to making such certification for any full-time critical
6 shortage position, the employer shall cause to be advertised in the official
7 journal of the employer's governing authority, on two separate occasions, notice
8 that a shortage of certified teachers exists and the positions sought to be filled.
9 If a certified applicant who is not a retiree applies for an advertised position,
10 such person shall be hired before any certified retiree is employed, unless fewer
11 than three applicants have applied for the position each of whom is certified in
12 the critical shortage area being filled.
13 (1) The superintendent and personnel director of the school employing
14 a retiree who returns to active service as defined in Subparagraph (A)(4)(a) of
15 this Section shall certify a critical shortage area to the Board of Elementary and
16 Secondary Education and the board of trustees of this system.
17 (2) The employing school board for a retiree who returns to active
18 service as defined in Subparagraph (A)(4)(b) of this Section shall certify to the
19 Board of Elementary and Secondary Education and the board of trustees of this
20 system that a critical shortage of speech therapists, speech pathologists,
21 audiologists, or school counselors exists in the school district.
22 Section 2. The cost of this Act, if any, shall be funded with additional employer
23 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
24 Section 3. This Act shall become effective on June 30, 2015; if vetoed by the
25 governor and subsequently approved by the legislature, this Act shall become effective on
26 June 30, 2015, or on the day following such approval by the legislature, whichever is later.
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The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
SB 20 Engrossed 2015 Regular Session Long
Present law requires suspension of benefits of a retiree reemployed in a position covered by
Teachers' Retirement System of Louisiana (TRSL) for the duration of reemployment, with
certain exceptions. Provides for suspension of benefits during reemployment in a TRSL-
covered position in the first 12 months following retirement regardless of retirement date,
position filled, or credentials held. Allows certain retirees to avoid suspension of benefits
after this 12-month period based on retirement date, position filled, or credentials held.
Proposed law retains present law and provides for additional retirees to avoid suspension.
Present law provides that after the 12-month mandatory suspension period, there shall be no
further suspension of benefits for:
(1) Retirees who return to active service on or before June 30, 2010.
(2)Retirees who retired on or after May 1, 2009, and on or before June 30, 2010, who
return to active service in a TRSL-covered position requiring a valid Louisiana
teaching certificate or valid Louisiana ancillary certificate.
(3) Retirees holding advanced degrees in speech therapy, speech pathology, or
audiology.
Proposed law retains present law for those in (3) above and further provides than any
member who retired on or before June 30, 2010, shall have no suspension of benefits during
his reemployment period following the first 12 months of retirement regardless of when he
returned to active service or whether the position requires a certificate. Defines these retirees
as "reemployment-eligible retirees".
Present law provides that, following the 12-month mandatory suspension period, a full-time
certified speech therapist, speech pathologist, or audiologist in a position requiring a valid
Louisiana ancillary certificate shall have no further suspension of benefits during his
reemployment period when a critical shortage has been certified as provided in present law.
Provides that, following the 12-month mandatory suspension period, full-time or part-time
classroom teachers reemployed in a school where a critical shortage has been certified as
provided in present law, shall have no further suspension of benefits.
Proposed law retains present law and adds school counselors to the list of positions covered
by present law. Defines these positions as "reemployment-eligible critical shortage
positions".
Present law provides that, after the 12-month mandatory suspension period, the benefit
suspension does not apply unless earnings from the reemployment exceed the limitation of
25% of the person's benefit during any fiscal year for the following retirees who are
reemployed in TRSL-covered positions:
(1) Substitute classroom teachers.
(2)Adult education or literacy instructors.
(3)Adjunct professors.
Proposed law retains present law and defines these positions as "reemployment-eligible
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positions".
Proposed law includes in the definition of "classroom teacher" employees assigned to
proctor admission, evaluation, or assessment testing. Adds test proctoring to the list of duties
a substitute teacher may perform.
Present law provides that the earnings limitations shall not apply to any retiree reemployed
in a part-time position with the Louisiana High School Athletic Association on June 27,
2003.
Proposed law removes this obsolete provision.
Effective June 30, 2015.
(Amends R.S. 11:710)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Retirement to the
original bill
1. Defines "classroom teacher" to include employees assigned to proctor
admission, evaluation, or assessment testing.
2. Specifies that such proctoring shall not be considered a subject area for the
purposes of critical shortage.
3. Adds test proctoring to the list of duties a substitute classroom teacher may
perform.
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