HLS 16RS-425 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 61
BY REPRESENTATIVE HOFFMANN
RETIREMENT/TEACHERS: Provides relative to the reemployment of retired school
psychologists in positions covered by the Teachers' Retirement System of La.
1 AN ACT
2To amend and reenact R.S. 11:710(A)(3) and (4)(b) and (F), relative to the reemployment
3 of retirees of the Teachers' Retirement System of Louisiana in positions covered by
4 the system; to authorize the reemployment of school psychologists in critical
5 shortage areas; and to provide for related mat
6 Notice of intention to introduce this Act has been published
7 as provided by Article X, Section 29(C) of the Constitution
8 of Louisiana.
9Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 11:710(A)(3) and (4)(b) and (F) are hereby amended and reenacted
11to read as follows:
12 ยง710. Employment of retirees
13 A. Definitions.
14 As used in this Section, the following words and phrases shall have the
15 following meanings, unless a different meaning is clearly required by the context:
16 * * *
17 (3) "Critical shortage" means any situation where there exists a shortage of
18 certified teachers in a certain subject area or a shortage of certified speech therapists,
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HB NO. 61
1 speech pathologists, audiologists, educational diagnosticians, school social workers,
2 or school counselors, or school psychologists, as further provided in this Section.
3 (4) "Reemployment-eligible critical shortage position" or "critical shortage
4 position" means any of the following:
5 * * *
6 (b) A position for a full-time certified speech therapist, speech pathologist,
7 audiologist, educational diagnostician, school social worker, or school counselor, or
8 school psychologist whose position of employment requires a valid Louisiana
9 ancillary certificate approved and issued by the state Department of Education in a
10 school district where a critical shortage exists.
11 * * *
12 F.(1) A retiree who is employed in a critical shortage position shall not
13 receive a benefit during the period of his reemployment as provided in this Section
14 unless and until the Board of Elementary and Secondary Education and the board of
15 trustees of this system have received certification that a critical shortage exists. Prior
16 to making such certification for any full-time critical shortage position, the employer
17 shall cause to be advertised in the official journal of the employer's governing
18 authority, on two separate occasions, notice that a shortage of certified teachers
19 exists and the positions sought to be filled. Additionally, the employer shall cause
20 notice to be posted at the career development office, or similar such entity, of every
21 post-secondary institution within a one hundred twenty-mile radius of the employer's
22 governing authority. If a certified applicant who is not a retiree applies for an
23 advertised position, such person shall be hired before any certified retiree is
24 employed, unless fewer than three applicants have applied for the position each of
25 whom is certified in the critical shortage area being filled.
26 (1)(2) On an annual basis, the superintendent and personnel director of the
27 school employing a retiree who returns to active service in a position defined in
28 Subparagraph (A)(4)(a) of this Section shall certify a critical shortage area to the
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1 Board of Elementary and Secondary Education and the board of trustees of this
2 system.
3 (2)(3) On an annual basis, the employing school board for a retiree who
4 returns to active service in a position defined in Subparagraph (A)(4)(b) of this
5 Section shall certify to the Board of Elementary and Secondary Education and the
6 board of trustees of this system that a critical shortage of speech therapists, speech
7 pathologists, audiologists, educational diagnosticians, school social workers, or
8 school counselors, or school psychologists, exists in the school district.
9 Section 2. This Act shall become effective on July 1, 2016; if vetoed by the governor
10and subsequently approved by the legislature, this Act shall become effective on July 1,
112016, or on the day following such approval by the legislature, whichever is later.
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)]
HB 61 Reengrossed 2016 Regular Session Hoffmann
Abstract: Authorizes retirees of the Teachers' Retirement System of La. (TRSL) to return
to work as a school psychologist in a critical shortage area without reduction of
retirement benefits.
Present law generally provides that a retiree of TRSL may not return to work in a position
covered by the system and continue to receive their benefit check while reemployed. Further
provides exceptions to present law.
Present law provides that in certain circumstances a retiree may return to work in a "critical
shortage area" (defined in present law) without reduction of benefits. Such circumstances
include returning as a certified classroom teacher, as a certified speech therapist, speech
pathologist, audiologist, educational diagnostician, school social worker, or school
counselor. Proposed law adds school psychologist to the list of certified professionals who
may return to work in a critical shortage area without reduction of benefits.
Present law provides procedures for establishing that a "critical shortage area" exists for
purposes of present law. Requires advertisement in the official journal of the employer's
governing authority and posting of job vacancies at certain post-secondary institutions.
Further limits authority to rehire a retiree for the critical shortage position if more than three
non-retirees apply for the position. Proposed law retains present law and requires such
certification procedures before a retiree may be reemployed as a school psychologist
pursuant to proposed law.
Effective July 1, 2016.
(Amends R.S. 11:710(A)(3) and (4)(b) and (F))
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Summary of Amendments Adopted by House
The House Floor Amendments to the engrossed bill:
1. Make technical changes only.
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