FILE: GBDA
EMPLOYMENT OF RETIRED PERSONNEL
The East Baton Rouge Parish School Board may employ retired employees under certain conditions; however, an employee whose retirement has been accepted by the School Board shall not be guaranteed any position/employment with the School Board. It shall be the policy of the School Board to vest in its Superintendent or his/her designee the power to recommend candidates for rehire after the person has traditionally retired from the school system.
The Superintendent or his/her designee may bring recommendations to the School Board for approval for the rehire of retiring certified personnel after the performance of the retiring applicant has been assessed, and it is determined to be in the best interest of the school system to rehire this individual.
CERTIFIED PERSONNEL
Certified personnel who are members of the Teachers’ Retirement System of Louisiana (TRSL) and are rehired by the School Board shall be classified as a retired teacher or retired member.
Retired Teachers
A retired teacher is:
Any teacher who returns to active service as a full-time or
part-time classroom teacher in grades K-12 in a critical shortage
area, or
A retiree who returns to active service as a full-time certified
speech therapist, speech pathologist, or audiologist whose position
requires a valid Louisiana ancillary certificate where the shortage
exists, or
A retired employee who has returned to active employment service
covered by La. Rev. Stat. Ann. §11:710
on or before June 30, 2010.
A retired member who retired on or after May 1, 2009, and on or before June 30, 2010, and who returns to active employment service to a position requiring a valid Louisiana teaching certificate or a valid Louisiana ancillary certificate.
Critical shortage area shall mean any shortage of certified teachers existing in a subject area that has been certified by both the Superintendent and personnel director to Louisiana Board of Elementary and Secondary Education (BESE) and the Teachers Retirement System of Louisiana.
Classroom teacher shall mean any employee whose position requires a valid Louisiana teaching certificate and who is assigned activities of instructing students in classroom courses for which daily attendance figures are kept, including school classroom, home or hospital settings or other learning situations that may be delivered inside or outside the classroom or in other teacher-student settings.
Prior to making such certification of critical shortage for any full-time teaching position, the School Board shall be required to advertise in the School Board’s official journal, on two (2) separate occasions, notice that a shortage of certified teachers exists and the positions to be filled. If a certified applicant who is not a retiree applies for an advertised position, such person shall be hired before any certified retired teacher is employed, unless fewer than three (3) teachers have applied for the position each of whom are certified in the critical shortage area being filled.
The salary of any retired teacher who is reemployed by the School Board shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.
Whenever a retiree returns to active service, the School Board shall, within thirty (30) days thereafter, notify the TRSL in writing of such employment, the date of reemployment, and a determination by the School Board as to whether the person is a retired teacher. The salary of any retired teacher shall be based on the salary schedule which accounts for all prior years of teaching service and pertinent experience.
Retired Members
A retired member is any person who is a member of the Teachers Retirement System of Louisiana and who after being reemployed, is not classified as a retired teacher. A retired member, once reemployed, shall have his/her retirement benefits suspended for the duration of reemployment and shall receive no additional service credit nor accrue any additional retirement benefits.
BUS OPERATORS
A bus driver who has retired from service may be employed by the School Board and return to service as a full-time bus operator. If the School Board elects to reemploy a retired bus operator, the Superintendent shall certify to the BESE that a shortage of qualified bus operators exists in the school district.
Whenever a retired bus operator is reemployed, the School Board shall notify the Louisiana School Employees Retirement System (LSERS) in writing within ten (10) days of such employment and the date employment began. In addition, the School Board shall submit to LSERS before September 1 of each school year of reemployment of a bus operator a declaration stating the School Board’s intent to reemploy the bus operator. The declaration shall be signed by the Superintendent or his/her designee and the employee. If such declaration is not received by September 1, the reemployed bus operator shall be subject to retirement benefits and other conditions in accordance with La. Rev. Stat. Ann. §11:1006. Upon the bus operator’s termination, the School Board shall provide LSERS in writing information and notice of the termination.
The School Board shall be required to report to LSERS within forty-five (45) days after June 30th of each year the names of all retired bus operators being paid by the School Board, their social security numbers, and the amounts of their earnings during the previous year.
Actuarial Cost
If the School Board decides to reemploy a retired bus driver, the School Board shall pay to LSERS the actuarial cost for the bus operator that is in excess of the cost that would have been incurred if the School Board had reemployed the bus operator pursuant to the provisions of La. Rev. Stat. Ann. §11:1006.
OTHER NON-CERTIFIED EMPLOYEES
Any retired non-certified employee, other than a bus driver, may be reemployed by the School Board as a full-time, part-time, temporary, or substitute employee. The School Board shall be required to transmit monthly, by the fifteenth (15th) day after the end of the month, a report to the Louisiana School Employees Retirement System (LSERS) with the name, social security number, and the amount of earnings of the retiree during the previous month.
New policy: October 21, 2010
Revised: October 20, 2011
Ref: La. Rev. Stat. Ann. §§11:710, 11:1006, 11:1007, 17:81
Board minutes, 10-21-10, 10-20-11
East Baton Rouge Parish School Board