Louisiana 2015 2015 Regular Session

Louisiana Senate Bill SB20 Comm Sub / Analysis

                    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 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.