RÉSUMÉ DIGEST
Act 149 (SB 20) 2015 Regular Session Long
Prior law, with certain exceptions, required benefits of a retiree reemployed in a position
covered by the Teachers' Retirement System of Louisiana (TRSL) to be suspended for the
duration of the reemployment. Further provided that for retirees who qualify to return to
work exceptions pursuant to prior 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, these retirees are eligible to receive their benefit
check while receiving a salary for reemployment.
New law retains prior law and authorizes additional retirees to avoid suspension of their
benefits while reemployed.
Prior law provided 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.
New law retains prior law for retirees holding advanced degrees in speech therapy, speech
pathology or audiology. New 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".
Prior law provided 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 prior law. Provided 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
prior law, shall have no further suspension of benefits.
New law retains prior law and adds school social workers, school counselors, and
educational diagnosticians to the list of positions covered by prior law. Defines these
positions as "reemployment-eligible critical shortage positions".
Prior law required certification of critical shortage areas. Prohibited 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. Required that prior to
making this certification, the employer is to advertise on two separate occasions in the
official journal for the area a notice that a shortage exists and the positions sought to be
filled.
New law retains prior 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. Requires annual certification that a critical
shortage exists.
New law defines "critical shortage" to mean any situation where there exists a shortage of
certified teachers in a certain subject area or a shortage of certified speech therapists, speech
pathologists, audiologists, educational diagnosticians, school social workers, or school
counselors.
New law provides that a "reemployment-eligible critical shortage position" or "critical
shortage position" includes a position for a full-time certified speech therapist, speech pathologist, audiologist, educational diagnostician, school social worker, or school counselor
whose position of employment requires a valid Louisiana ancillary certificate approved and
issued by the state Department of Education in a school district where a critical shortage
exists.
Prior 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.
New law retains prior law and defines these positions as "reemployment-eligible positions".
Prior law defined "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. New 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.
Prior law provided 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. New law
repeals prior law due to obsolescence.
Effective June 30, 2015.
(Amends R.S. 11:710)