NOTE: Effective until July 1, 2027, see R.S. 11:710.2(G).

§710.2. Employment of retirees; postsecondary institution critical shortages

            A. The provisions of this Section shall apply to any retiree of the retirement system who retired on or before June 30, 2020, and who meets all of the following criteria:

            (1) The retiree has been retired for at least twelve months.

            (2) He did not retire based on a disability.

            (3) He has at least thirty years of creditable service in the retirement system.

            (4) He has attained at least age sixty-two.

            (5) He is being employed to fill a position for an adjunct professor as defined in R.S. 11:710 and assigned the professional activities of instructing pupils in a nursing program at a public postsecondary education institution where a critical shortage exists.

            B. A retiree to whom this Section applies shall not receive a benefit during the period of his reemployment as provided in this Section unless and until the institution's postsecondary education management board, the Board of Regents, and the board of trustees of the retirement system have received certification that a critical shortage exists. Prior to making such certification, the institution shall comply with the provisions of Subsection C of this Section.

            C. In order to declare the existence of a critical shortage, a public postsecondary education institution shall cause to be prominently displayed a listing of positions to which this Section applies that are unfilled or that are filled by reemployed retirees on the websites of the institution, of the institution's management board, and of the Board of Regents.

            D. During the period of his return to active service, the retiree and his employer institution shall make contributions to the retirement system as otherwise provided by law, but the retiree shall receive no additional service credit and shall not accrue any additional retirement benefits in the retirement system. Upon termination of active service, the retiree 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.

            E. When any retiree covered by this Section returns to active service with an employer institution covered by the provisions of this Chapter, the employing institution shall, within thirty days thereafter, notify the board of trustees in writing of such employment and the date on which employment commenced. Upon termination, the institution shall provide the same notice. In addition, the employing institution shall also report to the retirement system within forty-five days after June thirtieth of each year, the names of all persons being paid by the employing institution and all persons having received a benefit pursuant to the provisions of this Section, along with such individuals' social security numbers, their positions, their designations as part-time or full-time, and the amount of their earnings during the previous fiscal year ending on June thirtieth of the reporting year. Additionally, the employing institution shall transmit a monthly contributions report pursuant to R.S. 11:888(A). Such monthly reports shall be transmitted within thirty days of the last day of each month and shall include the salary paid to each individual retiree reemployed under this Section. Should failure to give notice of return to active service or failure to report any other information required by this Section result in any payment being made in violation of this Section, the employing institution shall be liable to the system for the repayment of such amounts.

            F. The provisions of this Section shall not apply to anyone reemployed by contract or corporate contract.

            G. The provisions of this Section shall terminate July 1, 2027.

            Acts 2022, No. 549, §1, eff. May 31, 2022; Acts 2022, No. 601, §1, eff. May 31, 2022.