SLS 15RS-126 REENGROSSED
2015 Regular Session
SENATE BILL NO. 20
BY SENATORS LONG, ALARIO, AMEDEE, BROOME, BROWN, CROWE, DORSEY-
COLOMB, GUILLORY, MURRAY, GARY SMITH, THOMPSON
AND WARD 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 Paragraph
10 (3) of this Subsection. Such classroom situations may include teaching in school
11 classrooms or in other settings such as homes or hospitals or other learning
12 situations including cocurricular activities. Instruction may be provided in
13 person or through an approved medium such as television, radio, computer,
14 Internet, multimedia telephone, or correspondence and may be delivered inside
15 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, school social workers, or school
19 counselors, as further 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, school social worker, or school counselor whose
27 position of employment requires a valid Louisiana ancillary certificate
28 approved and issued by the state Department of Education in a school district
29 where a critical shortage exists.
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1 (5) "Reemployment-eligible position" means any of the following:
2 (a) A position for a substitute classroom teacher who teaches any student
3 in pre-kindergarten through twelfth grade.
4 (b) A position assigned to the professional activities of instructing adults
5 through an adult education or literacy program administered through a public
6 institution of elementary or secondary education, provided the retiree has a
7 valid Louisiana teaching certificate.
8 (c) A position for an adjunct professor.
9 (6) "Reemployment-eligible retiree" means any of the following:
10 (a) A member who was retired on or before June 30, 2010.
11 (b) A retiree who holds an advanced degree in speech therapy, speech
12 pathology, or audiology.
13 (7) "Retired teacher" means any of the following:
14 (a) A person reemployed in a reemployment-eligible position as defined
15 in Paragraph (4) or (5) of this Subsection.
16 (b) A reemployment-eligible retiree as defined in Paragraph (6) of this
17 Subsection.
18 (8) "Substitute classroom teacher" means any classroom teacher
19 employed in a temporary capacity to fill the position of another classroom
20 teacher who is unavailable to teach or to proctor tests for any reason.
21 B.(1)(a) Any retired teacher who returns to active service covered by the
22 provisions of this Chapter within the twelve-month period immediately following the
23 effective date of such retirement shall have his retirement benefits suspended for the
24 duration of such active service or the lapse of twelve months from the effective date
25 of his retirement, whichever occurs first, even if such service is based on
26 employment by contract or corporate contract. If any retired member returns to
27 active service in a position qualifying him as a retired teacher retiree under more
28 than one provision of this Section providing for earning limitations, the most
29 restrictive earnings limitation shall apply to the total earnings of the retired teacher
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1 retiree for all such positions in a fiscal year.
2 (b) The earnings of any retiree returning to active service in a
3 reemployment-eligible position shall not exceed twenty-five percent of his
4 benefit during any fiscal year. If actual earnings exceed this amount in any
5 fiscal year, the benefits payable to the retiree shall be reduced by the amount
6 in excess of twenty-five percent of his benefit.
7 (c) If any retiree returns to active service in a position defined in more
8 than one subparagraph of Paragraph (A)(5) of this Section providing for
9 earnings limitations, the most restrictive earnings limitation shall apply to the
10 total earnings of the retiree for all such positions in a fiscal year.
11 (d) If the reemployment of a retired teacher is based on an agreement
12 between the retired teacher and his employer where such agreement was perfected
13 prior to such teacher's the retiree's effective date of retirement and where the
14 agreement allows for such a teacher the retiree to become reemployed within twelve
15 months immediately following the effective date of the teacher's his retirement, such
16 teacher the retiree shall not be eligible to receive retirement benefits for the twelve-
17 month period immediately following the effective date of such reemployment,
18 regardless of whether such agreement is express or implied. The provisions of this
19 Subparagraph shall be applied prospectively beginning on July 1, 2001.
20 (c) The twelve-month period immediately following the effective date of a
21 retired teacher's retirement shall be known as the "waiting period".
22 (2) Any retired teacher No person who retires based on a disability shall not
23 be authorized to return to service pursuant to the provisions of this Section.
24 Disability retirees shall be covered by the provisions of this Chapter applicable to
25 disability retirees.
26 C.(1) During the period of his return to active service, the retired teacher and
27 his employer shall make contributions to the retirement system as provided by this
28 Chapter, but such teacher the retiree shall receive no additional service credit nor
29 and shall not accrue any additional retirement benefits in the retirement system.
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1 Upon termination of such active service, the retired teacher shall, upon application,
2 be refunded the employee contributions paid since reemployment. The refund shall
3 be without interest. The retirement system shall retain the employer contributions.
4 (2) Any retired member not considered a retired teacher as defined in
5 Subsection A Paragraph (A)(7) of this Section who returns to active service with
6 an employer covered by the provisions of this Chapter shall have his benefit
7 suspended for the duration of his period of reemployment in such position even if
8 such reemployment is based on employment by contract or corporate contract. Such
9 member The retiree and his employer shall not make contributions to the system
10 during such time, and he shall receive no additional service credit nor and shall not
11 accrue any additional retirement benefits.
12 (3) The provisions of this Subsection shall not apply to any retiree
13 reemployed in a part-time position with the Louisiana High School Athletic
14 Association on June 27, 2003.
15 D. When any retiree returns to active service with an employer covered by
16 the provisions of this Chapter, the employing agency shall, within thirty days
17 thereafter, notify the board of trustees in writing of such employment, the date on
18 which employment commenced, and a determination by the employer as to whether
19 such person is a "retired teacher" pursuant to Subsection A Paragraph (A)(7) of this
20 Section. Upon termination, the agency shall provide the same notice. In addition,
21 the employing agency shall also report to the retirement system within forty-five
22 days after June thirtieth of each year, the name names of all persons being paid by
23 the employing agency and all persons having received a benefit pursuant to the
24 provisions of this Section, along with such individuals' social security numbers, their
25 positions, their designation designations as part-time or full-time, and the amount
26 of their earnings during the previous fiscal year ending on June thirtieth of the
27 reporting year. Additionally, the employing agency shall transmit a monthly
28 contributions report pursuant to R.S. 11:888(A). Such monthly reports shall be
29 transmitted within thirty days of the last day of each month and shall include the
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1 salary paid to all individuals each individual identified as a "retired teacher"
2 pursuant to Subsection A Paragraph (A)(7) of this Section. Should failure to give
3 notice of return to active service or failure to report any other information required
4 by this Section result in any payment being made in violation of this Section, the
5 employing agency shall be liable to the system for the repayment of such amounts.
6 E.(1) The salary of any retired teacher who is reemployed pursuant to the
7 provisions of this Section shall be based on the salary schedule which accounts for
8 all prior years of teaching service and pertinent experience.
9 (2) The status of any retired teacher who is reemployed pursuant to the
10 provisions of this Section shall be the same as a full-time active employee and shall
11 be governed by the applicable rules, procedures, policies, and statutes that apply to
12 all such full-time active employees.
13 F. No "retired teacher" as defined in Paragraph (A)(1) of this Section shall
14 receive a benefit during the period of his reemployment as provided in this Section
15 unless and until the superintendent and personnel director of his employing school
16 have certified to the Board of Elementary and Secondary Education and the board
17 of trustees of this system that a shortage of teachers exists in the critical shortage
18 area in which the retired teacher was hired to teach. Prior to making such
19 certification for any full-time teaching position, the employer shall cause to be
20 advertised in the official journal of the employer's governing authority, on two
21 separate occasions, notice that a shortage of certified teachers exists and the positions
22 sought to be filled. If a certified applicant who is not a retiree applies for an
23 advertised position, such person shall be hired before any certified retired teacher is
24 employed, unless fewer than three teachers have applied for the position each of
25 whom are certified in the critical shortage area being filled.
26 G. No "retired teacher" as defined in Paragraph (A)(2) of this Section shall
27 receive a benefit during the period of his reemployment as provided in this Section
28 unless and until the employing school board has certified to the Board of Elementary
29 and Secondary Education and the board of trustees of this system that a shortage of
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1 speech therapists, speech pathologists or audiologists exists in the school district
2 where reemployed. A retiree who is employed in a critical shortage position shall
3 not receive a benefit during the period of his reemployment as provided in this
4 Section unless and until the Board of Elementary and Secondary Education and
5 the board of trustees of this system have received certification that a critical
6 shortage exists. Prior to making such certification for any full-time critical
7 shortage position, the employer shall cause to be advertised in the official
8 journal of the employer's governing authority, on two separate occasions, notice
9 that a shortage of certified teachers exists and the positions sought to be filled.
10 Additionally, the employer shall cause notice to be posted at the career
11 development office, or similar such entity, of every post-secondary institution
12 within a one hundred twenty-mile radius of the employer's governing authority.
13 If a certified applicant who is not a retiree applies for an advertised position,
14 such person shall be hired before any certified retiree is employed, unless fewer
15 than three applicants have applied for the position each of whom is certified in
16 the critical shortage area being filled.
17 (1) On an annual basis, the superintendent and personnel director of the
18 school employing a retiree who returns to active service in a position defined in
19 Subparagraph (A)(4)(a) of this Section shall certify a critical shortage area to
20 the Board of Elementary and Secondary Education and the board of trustees
21 of this system.
22 (2) On an annual basis, the employing school board for a retiree who
23 returns to active service in a position defined in Subparagraph (A)(4)(b) of this
24 Section shall certify to the Board of Elementary and Secondary Education and
25 the board of trustees of this system that a critical shortage of speech therapists,
26 speech pathologists, audiologists, school social workers, or school counselors
27 exists in the school district.
28 Section 2. The cost of this Act, if any, shall be funded with additional employer
29 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
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1 Section 3. This Act shall become effective on June 30, 2015; if vetoed by the
2 governor and subsequently approved by the legislature, this Act shall become effective on
3 June 30, 2015, or on the day following such approval by the legislature, whichever is later.
The original instrument was prepared by Margaret M. Corley. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Tammy Crain-Waldrop.
DIGEST
SB 20 Reengrossed 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 social workers to the list of positions
covered by present law. Defines these positions as "reemployment-eligible critical shortage
positions".
Proposed law requires employers to post openings at career development offices or similar
entities and in every post-secondary institution within a 120 mile radius of the employer's
governing authority. Further requires certification annually that a critical shortage exists.
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
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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
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.
Senate Floor Amendments to engrossed bill
1. Adds school social workers to the list of retirees included.
2. Requires employer to post openings at career development office or a similar
entity, and in every post-secondary institution within a one hundred twenty-
mile radius of the employer's governing authority.
3. Requires certification that critical shortages exist on an annual basis.
4. Technical amendments.
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