RDCSB20 2549 3123
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)]
SB 20 Reengrossed 2015 Regular Session Long
Present law, with certain exceptions, requires benefits of a retiree reemployed in a position
covered by the Teachers' Retirement System of Louisiana (TRSL) to be suspended for the
duration of such reemployment. Further provides that for retirees who qualify to return to
work exceptions pursuant to present law, benefits shall be fully suspended for the first 12
months following retirement regardless of retirement date, position filled, or credentials
held. After this 12-month period terminates, such retirees are eligible to receive their benefit
check while receiving a salary for reemployment.
Proposed law retains present law and authorizes additional retirees to avoid suspension of
their benefits while reemployed.
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 retirees holding advanced degrees in speech therapy,
speech pathology or audiology. Proposed law further provides that 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
La. 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, school counselors, and
educational diagnosticians to the list of positions covered by present law. Defines these
positions as "reemployment-eligible critical shortage positions".
Present law requires certification of critical shortage areas. Prohibits any retiree hired in an
eligible reemployment position to receive his benefit until the superintendent and personnel
director of his employing school have certified to the State Board of Elementary and
Secondary Education (BESE) an the board of trustees of TRSL that a critical shortage of
teachers exists in the area in which the retiree was hired to teach. Prior to making such
certification, the employer must advertise on two separate occasions in the official journal
fo the area a notice that a shortage exists and the positions sought to be filled.
Proposed law retains present law and further requires employers to post openings at career
development offices or similar entities and in every postsecondary institution within a 120
mile radius of the employer's governing authority. Further requires certification annually
that a critical shortage exists.
Page 1 of 2 RDCSB20 2549 3123
Present law provides that, after the 12-month mandatory suspension period, a retiree who
returns to work in any of the following TRSL-covered positions is subject to a salary cap of
25% of his annual benefit amount:
(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".
Present law defines "classroom teacher" as an employee whose position of employment
requires a valid La. teaching certificate and who is assigned the professional activities of
instructing pupils in courses in classroom situations for which daily pupil attendance figures
for the school system are kept. Proposed law includes in the definition of "classroom
teacher" employees assigned to proctor admission, evaluation, or assessment testing. Further
adds test proctoring to the list of duties a substitute classroom teacher may perform.
Present law provides that the earnings limitations shall not apply to any retiree reemployed
in a part-time position with the La. High School Athletic Assoc. on June 27, 2003. Proposed
law repeals present law due to obsolescence.
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. Define "classroom teacher" to include employees assigned to proctor
admission, evaluation, or assessment testing.
2. Specify that such proctoring shall not be considered a subject area for the
purposes of critical shortage.
3. Add test proctoring to the list of duties a substitute classroom teacher may
perform.
Senate Floor Amendments to engrossed bill
1. Add school social workers to the list of critical shortage positions.
2. Require employer to post openings at career development office or a similar
entity, and in every postsecondary institution within a one hundred twenty-
mile radius of the employer's governing authority.
3. Require certification that a critical shortage exists on an annual basis.
4. Make technical changes.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Retirement to the
reengrossed bill:
1. Add educational diagnosticians to the list of critical shortage positions.
Page 2 of 2