Louisiana’s return-to-work (RTW) laws have changed significantly in recent years, including new laws enacted in 2022. These RTW FAQs outline how the laws work and how they impact retirees who become reemployed in positions eligible for TRSL membership.
Return to Work FAQs
When can I return to work in a position eligible for TRSL membership?
You must have a break in service of at least one weekday (Monday through Friday). For example, if your last day of work is Friday, your retirement date would be Saturday. You could return to work on Tuesday. Monday would be the one weekday break in service.
What if I receive a TRSL disability retirement benefit?
Retirees who receive a TRSL disability benefit will have their benefits terminated if they become employed in the field of public or private education, unless they have converted to a service retirement. However, these retirees can have earnings outside the education field, but there is a limit on the amount that can be earned. For more information on disability retirement refer to TRSL’s Disability Retirement brochure.
What if I am reemployed in a charter school?
Retirees in the 2010 RTW Group who return to work in positions normally eligible for TRSL membership at a charter school that participates in TRSL are subject to the 2010 RTW Law (La. R.S. 11:710). Employment directly or by contract must also be considered.
What is a "classroom teacher?"
A "classroom teacher" is any employee (1) whose position of employment requires a valid Louisiana teaching certification, and (2) who is assigned the professional activities of instructing pupils in courses in classroom situations for which daily pupil attendance figures for the school system are kept or is assigned to proctor admissions, evaluation, or assessment testing.
What is a critical shortage?
Any situation in which the employer has advertised and posted notice of positions to be filled and has received fewer than three certified applicants. Before a retiree can be reemployed under the critical shortage criteria, the school superintendent and/or personnel director must complete certain actions to declare a critical shortage. Applies to full- or part-time classroom teachers and full-time or part-time certified speech therapists, speech pathologists, audiologists, educational diagnosticians, school social workers, school counselors, school psychologists, interpreters, educational transliterators, or educators for the deaf or hard of hearing.
What if I am employed by contract or corporate contract?
In general, individuals hired through contract are independent contractors who are providing services for an employer that participates in TRSL. Compensation paid is typically reported to the IRS on a 1099 Form -- not a W-2 Form used by employers to report employee wages. Employment by corporate contract is when an individual is performing services for a company pursuant to its contract with an employer that participates in TRSL. Retirees in the 2010 RTW Group, who are reemployed by contract or corporate contract, are subject to the 2010 RTW Law (La. R.S. 11:710) in which they are considered “Retired Members” and will have their benefit suspended for the duration of reemployment.
Can I regain active TRSL membership?
If you are a retiree reemployed in a position eligible for TRSL membership (excluding individuals retired under disability or DROP), you can regain active membership in TRSL by doing the following:
- Return all retirement benefits paid to you plus interest;
- Pay employee and employer contributions that would have been paid to TRSL during the period of your retirement; and
- Remain in active service for at least six years to receive a retirement benefit recomputation.
If I am in the grandfathered group within the 2010 RTW Law, do the 2020 or 2022 RTW laws change my status?
If you are a TRSL retiree who retired on or before June 30, 2010 (grandfathered group), the 2020 and 2022 RTW laws have no effect on your status. You will continue to be subject to the 2010 RTW Law (La. R.S. 11:710) unless you make an irrevocable election to join the 2020 RTW Group and become subject to the 2020 RTW Law (La. R.S. 11:710.1)
If I retired before July 1, 2020, but I became reemployed on or after July 1, 2020, what RTW group do I belong in?
Some individuals who retired before July 1, 2020 are in the 2020 RTW Group because the date of their first reemployment was on or after July 1, 2020. Under Acts 549 and 601 of 2022, these individuals can now elect to transfer to the 2010 RTW Group by completing RTW of TRSL Retiree – La. R.S. 11:710.1 Special Transfer Group Election of 2010 Group Coverage (Form 15TR). The transfer is not available to anyone who previously exercised an option to transfer from the 2010 RTW Group to the 2020 RTW Group. Retirees in the special transfer group who elect to transfer from the 2020 RTW Group to the 2010 RTW Group cannot transfer back to the 2020 RTW Group until July 1, 2027.
How do I transfer from the 2010 RTW Group to the 2020 RTW Group, and how will transferring impact my future reemployment?
Retirees in the 2010 RTW Group can make an irrevocable election to join the 2020 RTW Group and be subject to the 2020 RTW Law (La. R.S. 11:710.1) by completing Sections 2 - 5 of the Return-to-Work (RTW) of TRSL Retiree – La. R.S. 11:710.1 RTW 2020 Group (Form 15ELEC). All future reemployment for retirees making this irrevocable election will be subject to the provisions in La. R.S. 11:710.1. More information is available on the 2020 RTW Law webpage.
When can I return to work in a position eligible for TRSL membership?
You must have a break in service of at least one weekday (Monday through Friday). For example, if your last day of work is Friday, your retirement date would be Saturday. You could return to work on Tuesday. Monday would be the one weekday break in service.
What if I receive a TRSL disability retirement benefit?
Retirees who receive a TRSL disability benefit will have their benefits terminated if they become employed in the field of public or private education, unless they have converted to a service retirement. However, these retirees can have earnings outside the education field, but there is a limit on the amount that can be earned. For more information on disability retirement refer to TRSL’s Disability Retirement brochure.
How do I regain active membership in TRSL?
Retirees who are in the 2020 RTW Group automatically regain active membership in TRSL upon choosing RTW Option 2. Otherwise, retirees who chose RTW Option 1 status will need to follow steps outlined in La. R.S. 11:738 to regain active membership in TRSL, which include returning all retirement benefits paid to them plus interest; paying employee and employer contributions that would have been paid to TRSL during the period of their re-employment; and remaining in active service for at least six years to receive a retirement benefit recomputation
Will my DROP/ILSB withdrawals be impacted if I return to work under the 2020 RTW Law?
Reemployment under the 2020 RTW Law will have no impact on your DROP/ILSB account withdrawals. You will be able to continue receiving without interruption.
What is a critical shortage?
Any situation in which the employer has advertised and posted notice of positions to be filled and has received fewer than three certified applicants. Before a retiree can be reemployed under the critical shortage criteria, the school superintendent and/or personnel director must complete certain actions to declare a critical shortage. Applies to full- or part-time classroom teachers and full-time or part-time certified speech therapists, speech pathologists, audiologists, educational diagnosticians, school social workers, school counselors, school psychologists, interpreters, educational transliterators, or educators for the deaf or hard of hearing.
What if I am employed by contract or corporate contract?
In general, individuals hired through contract are independent contractors who are providing services for an employer that participates in TRSL. Compensation paid is typically reported to the IRS on a 1099 Form -- not a W-2 Form used by employers to report employee wages. Employment by corporate contract is when an individual is performing services for a company pursuant to its contract with an employer that participates in TRSL. Retirees in the 2020 RTW Group, who are reemployed by contract or corporate contract, will have their benefits suspended for the duration of reemployment, and do not earn a supplemental benefit.
What is an adjunct professor?
An adjunct professor is any part-time faculty, including any instructor, assistant professor, associate professor, or professor, assigned the professional activities of instructing pupils or conducting research at a public institution of postsecondary education. Instruction may be provided in person or through an approved medium such as television, radio, computer, Internet, multimedia telephone, or correspondence and may be delivered inside or outside the classroom or in other teacher-student settings.
Can I return to work under the 2022 RTW Group and also be employed under another RTW law?
Yes, you can have concurrent employment under the 2022 RTW Group and one of either the 2010 RTW Group or the 2020 RTW Group.
What if I receive a TRSL disability retirement benefit?
Retirees who receive a TRSL disability benefit will have their benefits terminated if they become employed in the field of public or private education, unless they have converted to a service retirement. However, these retirees can have earnings outside the education field, but there is a limit on the amount that can be earned. For more information on disability retirement refer to TRSL’s Disability Retirement brochure.
I am in the grandfathered group within the 2010 RTW Group, does being enrolled in the 2022 RTW Group change my grandfathered status?
If you are a TRSL retiree who retired on or before June 30, 2010 (grandfathered group), enrollment in the 2022 RTW Group has no effect on your status. You can be concurrently enrolled under the 2010 RTW Group and the 2022 RTW Group with no effect on your grandfathered return-to-work status.