Louisiana 2018 2018 Regular Session

Louisiana House Bill HB14 Comm Sub / Analysis

                    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 14 Engrossed	2018 Regular Session	Smith
Abstract:  Authorizes retirees of the Teachers' Retirement System of La. (TRSL) to return to work
without benefit suspension five years after retirement and for members who have been retired
for less than five years, adds pre-kindergarten teachers and teachers of the deaf or hard of
hearing to the list of critical shortage positions that may be filled without benefit suspension
and adds clerical personnel to the list of positions that may be filled subject to a 25%
earnings limitation.
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 his benefit check while reemployed.  Further provides
exceptions to present law.
Present law provides that after a 12-month suspension period, there shall be no further suspension
of benefits for a member who returns to work if the member retired on or before June 30, 2010 or
holds an advanced degree in speech therapy, speech pathology, or audiology, regardless of retirement
date.  Proposed law retains present law relative to speech therapists, speech pathologists, and
audiologists and further provides that there shall be no suspension of benefits for any member who
has been retired for at least five years.
Present law provides procedures for establishing that a critical shortage 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 nonretirees apply for the position.  Proposed law
retains present law.
Present law authorizes a retiree to return to work as a substitute classroom teacher, an adjunct
professor, an instructor in an adult literacy program, or a school nurse and to continue to receive his
benefit check; however, the allowable employment earnings of such retiree are capped at 25% of his
benefit amount.  Proposed law retains present law and adds clerical office personnel to the list of
positions that a retiree may return to subject to a 25% earnings limitation.
Present law provides that in certain circumstances a retiree may return to work in a critical shortage
position (defined in present law) without reduction of benefits.  Such positions include returning as
a certified classroom teacher, as a certified speech therapist, speech pathologist, audiologist,
educational diagnostician, school social worker, school counselor, or school psychologist.  Proposed
law adds pre-kindergarten teacher and interpreter, educational transliterator, or educator of the deaf
or hard of hearing to the list of certified professionals who may return to work in a critical shortage position without reduction of benefits.
Effective July 1, 2018.
(Amends R.S. 11:710(A)(3), (4), and (6)(a) and (F)(3); Adds R.S. 11:710(A)(5)(e))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Retirement to the original bill:
1. Allow all retirees to return to work without earning limitation five years after retirement.
2. Add pre-kindergarten teachers to list of critical shortage positions, eligible for
reemployment without earnings limitation.
3. Add clerical office personnel to list of positions eligible for reemployment with 25%
earning limitation.