La. Admin. Code tit. 28 § CXV-515

Current through Register Vol. 50, No. 9, September 20, 2024

Section CXV-515 - Teachers' Retirement System - Part-Time, Seasonal, or Temporary Classroom Teacher

A.R.S. 11:162(C) provides that membership in the Teachers' Retirement System of Louisiana (TRSL) shall be required of part-time, seasonal, or temporary employees, as defined in 26 CFR 31.3121(b)(7)-2, who are classroom teachers and who have or earn five or more years of creditable service in the TRSL.

B. Classroom Teacher

1. For the purposes of R.S. 11:162(C):

Classroom Teacher -

i. an employee of an LEA under the control of BESE or any educational institution supported by and under the control of BESE, or any LEA:

(a). whose job description and assigned duties include the instruction of pupils in courses in traditional or nontraditional classroom situations for which daily pupil attendance figures for the school system are kept; and

(b). who is classified under object code 112, as provided in Bulletin 1929, Louisiana Administrative Code Title 28, Part XLI §901. B.1 b, or is performing the functions, on a substitute basis, of an individual classified under object code 112;

ii. instruction of pupils, as used in Subclause i.(a) of this definition, shall include activities dealing directly with the interaction between teachers and pupils. Instruction may be provided for students in a school classroom, in another location such as a home or hospital, and in other learning situations such as those involving co-curricular activities. Instruction may also be provided through some other approved medium such as television, radio, telephone, and correspondence;

iii. classroom teachers shall include, but not be limited to:

(a). traditional subject area;

(b). special education;

(c). library media;

(d). resource;

(e). itinerant;

(f). music;

(g). band;

(h). chorus;

(i). physical education;

(j). home economics;

(k). agriculture;

(l). industrial arts;

(m). computer science; and

(n). business teachers.

iv. a teacher's status as an "employee," as used in Clause i of this definition, shall be consistent with the employment classification made by his or her employing agency, pursuant to applicable law.

C. Rehired Retirees

1. Any retired member of TRSL, other than a retired teacher as defined in R.S. 11:710, who returns to active service covered by TRSL, shall have retirement benefits suspended for the duration of reemployment.

2. In order for a person who qualifies as a retired teacher because he teaches in a shortage area to receive benefits during the period of her or his reemployment, the superintendent and the personnel director of the employing school must certify to BESE and the TRSL board of trustees that a shortage of teachers exists in the area in which the retired teacher was hired to teach. For speech therapists, speech pathologists, and audiologists in a shortage area, the employer is required to certify that a shortage of such persons exists.

3. Prior to certification, for any full-time teaching position, the employer shall advertise the position twice in the official journal of the school's governing authority and non-retirees shall be given hiring preference over retirees, unless fewer than three applicants have applied for the position.

4. LEAs shall adhere to all applicable state regulations regarding membership in TRSL.

La. Admin. Code tit. 28, § CXV-515

Promulgated by the Board of Elementary and Secondary Education, LR 31:1267 (June 2005), amended LR 37:1140 (April 2011), LR 39:2201 (August 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:162(C) and R.S. 11:710.