ENROLLED
ACT No. 594
2024 Regular Session
HOUSE BILL NO. 39
BY REPRESENTATIVE MCCORMICK
1 AN ACT
2 To amend and reenact R.S. 11:1006(D) and 1007(A)(1), (B), (C), (D), and (F) and to repeal
3 R.S. 11:1007(C)(3), relative to the Louisiana School Employees' Retirement System;
4 to provide for reemployment of retired bus drivers; and to provide for related
5 matters.
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.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 11:1006(D) and 1007(A)(1), (B), (C), (D), and (F) are hereby
11 amended and reenacted to read as follows:
12 §1006. Reemployment of retirees
13 * * *
14 D. The provisions of this Section shall not apply to any retiree of this system
15 who retired from service as a bus driver operator, who returns to active service in a
16 full-time or part-time position as a bus driver operator covered by the provisions of
17 this Chapter, and whose employer chooses to reemploy him pursuant to R.S.
18 11:1007. The full-time reemployment of such retired bus drivers operators shall be
19 governed by the provisions of that Section.
20 §1007. Employment of retired bus drivers operators
21 A.(1)(a) Subject to the provisions of Subsection F of this Section, any retiree
22 of this system who was retired from service as a bus driver operator on or before
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1 June 30, 2024, and who returns to active service in a full-time or part-time position
2 as a bus driver operator covered by the provisions of this Chapter within the twelve
3 six-month period immediately following the effective date of his retirement shall
4 have his retirement benefit suspended for the duration of such active service or the
5 lapse of twelve six months after the effective date of his retirement, whichever
6 occurs first, even if such service is based on employment by contract or corporate
7 contract. After the period of suspension of benefits as provided in this Subsection
8 Subparagraph, the retirement benefit of such retiree shall no longer be suspended.
9 (b) Subject to the provisions of Subsection F of this Section, any retiree of
10 this system who retired from service as a bus operator on or after July 1, 2024, and
11 who returns to active service in a full-time or part-time position as a bus operator
12 covered by the provisions of this Chapter within the twelve-month period
13 immediately following the effective date of his retirement shall have his retirement
14 benefit suspended for the duration of such active service or the lapse of twelve
15 months after the effective date of his retirement, whichever occurs first, even if such
16 service is based on employment by contract or corporate contract. After the period
17 of suspension of benefits as provided in this Subparagraph, the retirement benefit of
18 such retiree shall no longer be suspended.
19 * * *
20 B. During the period of his return to active service, the reemployed bus driver
21 operator and his employer shall make contributions to the retirement system as
22 provided by this Chapter. However, the bus driver operator shall receive no
23 additional service credit and shall not accrue any additional benefits in the retirement
24 system. After termination of active service and upon application therefor, the retiree
25 shall be refunded the employee contributions paid during reemployment. The refund
26 shall be without interest. The retirement system shall retain all interest and employer
27 contributions.
28 C.(1) When any retired bus driver operator returns to active service pursuant
29 to this Section with an employer covered by the provisions of this Chapter, the
30 employing agency shall notify the board of trustees in writing within ten days of such
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1 employment and the date on which employment began. Upon termination, the
2 employing agency shall also provide the board with information and notice thereof
3 in writing. In addition to the notice required by this Subsection, the employing
4 agency shall also report to the retirement system within forty-five days after June
5 thirtieth of each year the names of all retired persons being paid by the employing
6 agency, their social security numbers, and the amounts of their earnings during the
7 previous fiscal year ending June thirtieth of the reporting year.
8 (2) Any employer who elects to reemploy a retired bus driver operator
9 pursuant to this Section shall submit to the system before September first of each
10 school year of reemployment a declaration stating the employer's intent to reemploy
11 such bus driver operator pursuant to this Section. Such declaration shall be signed
12 by the employer's authorized representative and the employee. If such declaration is
13 not received by the system by such date, the reemployed bus driver operator shall be
14 considered reemployed pursuant to the provisions of R.S. 11:1006.
15 (3) The superintendent of any employer who elects to reemploy a retired bus
16 driver operator pursuant to this Section shall certify to the Board of Elementary and
17 Secondary Education that a shortage of qualified bus drivers operators exists in the
18 school district of such employer. The legislative auditor may audit or investigate as
19 to whether there is a shortage of bus drivers operators in such district.
20 D. The status of any retired bus driver operator who is reemployed pursuant
21 to the provisions of this Section shall be the same as that of a full-time active
22 employee and shall be governed by the rules, procedures, policies, and statutes that
23 apply to all such active employees.
24 * * *
25 F. Any employer who participates in the reemployment of any retired bus
26 driver operator pursuant to this Section shall pay the actuarial cost in aggregate
27 attributable to the reemployment of such bus driver operator in excess of the cost that
28 would have been incurred if the employer had reemployed the driver operator or
29 driver operators pursuant to R.S.11:1006 as determined by the system's actuary. The
30 actuarial cost to the system, if any, shall be included in the annual actuarial report to
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1 the board of trustees of the system and shall be submitted to the Public Retirement
2 Systems' Actuarial Committee. Upon approval of the system's actuarial report by the
3 Public Retirement Systems' Actuarial Committee, the participating employers shall
4 be notified of any cost, which shall be paid to the system not later than June thirtieth
5 following such committee's approval of the system's actuarial report.
6 * * *
7 Section 2. R.S. 11:1007(C)(3) is hereby repealed in its entirety.
8 Section 3. The Louisiana State Law Institute is hereby authorized and directed to
9 change "bus driver" to "bus operator" throughout Chapter 3 of Subtitle II of Title 11.
10 Section 4. The cost of this Act, if any, shall be funded with additional employer
11 contributions in compliance with Article X, Section 29(F) of the Constitution of Louisiana.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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