2006 Louisiana Laws - RS 11:710 — Employment of retirees

§710.  Employment of retirees

A.(1)(a)  Any member of this system who retires and then returns to active service covered by the provisions of this Chapter within the twelve-month period immediately following the effective date of such retirement shall have his retirement benefits suspended for the duration of such active service or the lapse of twelve months from the effective date of his retirement, whichever occurs first, even if such service is based on employment by contract or corporate contract.

(b)  If the reemployment of a retired teacher is based on an agreement between the retired teacher and his employer where such agreement was perfected prior to the teacher's effective date of retirement and where the agreement allows for such a teacher to become reemployed within twelve months immediately following the effective date of the teacher's retirement, such reemployed teacher shall not be eligible to receive retirement benefits for the twelve-month period immediately following the effective date of such reemployment, regardless of whether such agreement is express or implied.  The provisions of this Subparagraph shall be applied prospectively beginning on July 1, 2001.

(c)  The twelve-month period immediately following the effective date of a member's retirement shall be known as the "waiting period".

(2)  Any member of this system who retires based on a disability shall not be authorized to return to service pursuant to the provisions of this Section.  Disability retirees shall be covered by the provisions of this Chapter applicable to disability retirees.

B.(1)  During the period of his return to active service, the retiree and his employer shall make contributions to the retirement system as provided by this Chapter, but the retiree shall receive no additional service credit nor accrue any additional retirement benefits in the retirement system.  Upon termination of such active service, the member shall, upon application, be refunded the employee contributions paid since reemployment.  The refund shall be without interest.  The retirement system shall retain the employer contributions.

(2)  The provisions of this Subsection shall not apply to any retiree reemployed in a part-time position with the Louisiana High School Athletic Association on June 27, 2003.

C.  When any retiree returns to active service with an employer covered by the provisions of this Chapter, the employing agency shall, within ten days thereafter, notify the board of trustees in writing of such employment and the date on which it commenced and, upon termination, shall provide the same notice.  In addition to the above notice, the employing agency shall also report to the retirement system within forty-five days after June thirtieth of each year, the name of all persons being paid by the employing agency, their social security numbers, and the amount of their earnings during the previous fiscal year ending on June thirtieth of the reporting year.

D.(1)  The salary of any retiree who is reemployed as a full-time teacher pursuant to the provisions of this Section shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.

(2)  The status of any retiree who is reemployed pursuant to the provisions of this Section shall be the same as a full-time active employee and shall be governed by the applicable rules, procedures, policies, and statutes that apply to all such full-time active employees.

Acts 2001, No. 1173, §1, eff. July 1, 2001; Acts 2003, No. 605, §1, eff. June 27, 2003.

NOTE:  See Acts 2001, No. 1172, §5 and Acts 2001, No. 1176, §8 relative to the effectiveness of provisions of Acts 2001, No. 1173 and relative to any penalty for reemployment.

NOTE:  Also see Acts 2001, No. 1173, §2 relative to penalty for reemployment.  Eff. date thereof is changed by Acts 2001, No. 1172, §5 and Acts 2001, No. 1176, §8.