§ 11:1007 — Employment of retired bus operators

§1007. Employment of retired bus operators
A.(1)(a) Subject to the provisions of Subsection F of this Section, any retiree of this
system who was retired from service as a bus operator on or before June 30, 2024, and who
returns to active service in a full-time or part-time position as a bus operator covered by the
provisions of this Chapter within the six-month period immediately following the effective
date of his retirement shall have his retirement benefit suspended for the duration of such
active service or the lapse of six months after the effective date of his retirement, whichever
occurs first, even if such service is based on employment by contract or corporate contract.
After the period of suspension of benefits as provided in this Subparagraph, the retirement
benefit of such retiree shall no longer be suspended.
(b) Subject to the provisions of Subsection F of this Section, any retiree of this
system who retired from service as a bus operator on or after July 1, 2024, and who returns
to active service in a full-time or part-time position as a bus operator covered by the
provisions of this Chapter within the twelve-month period immediately following the
effective date of his retirement shall have his retirement benefit suspended for the duration
of such active service or the lapse of twelve months after the effective date of his retirement,
whichever occurs first, even if such service is based on employment by contract or corporate
contract. After the period of suspension of benefits as provided in this Subparagraph, the
retirement benefit of such retiree shall no longer be suspended.
(2) No member of this system who retires based on a disability shall return to service
pursuant to the provisions of this Section. Disability retirees shall be governed by the
provisions of this Chapter applicable to disability retirees.
B. During the period of his return to active service, the reemployed bus operator and
his employer shall make contributions to the retirement system as provided by this Chapter.
However, the bus operator shall receive no additional service credit and shall not accrue any
additional benefits in the retirement system. After termination of active service and upon
application therefor, the retiree shall be refunded the employee contributions paid during
reemployment. The refund shall be without interest. The retirement system shall retain all
interest and employer contributions.
C.(1) When any retired bus operator returns to active service pursuant to this Section
with an employer covered by the provisions of this Chapter, the employing agency shall
notify the board of trustees in writing within ten days of such employment and the date on
which employment began. Upon termination, the employing agency shall also provide the
board with information and notice thereof in writing. In addition to the notice required by
this Subsection, the employing agency shall also report to the retirement system within
forty-five days after June thirtieth of each year the names of all retired persons being paid by
the employing agency, their social security numbers, and the amounts of their earnings during
the previous fiscal year ending June thirtieth of the reporting year.
(2) Any employer who elects to reemploy a retired bus operator pursuant to this
Section shall submit to the system before September first of each school year of
reemployment a declaration stating the employer's intent to reemploy such bus operator
pursuant to this Section. Such declaration shall be signed by the employer's authorized
representative and the employee. If such declaration is not received by the system by such
date, the reemployed bus operator shall be considered reemployed pursuant to the provisions
of R.S. 11:1006.
NOTE: Paragraph (C)(3) as amended by Acts 2024, No. 594.
(3) The superintendent of any employer who elects to reemploy a retired bus
operator pursuant to this Section shall certify to the State Board of Elementary and
Secondary Education that a shortage of qualified bus operators exists in the school district
of such employer. The legislative auditor may audit or investigate as to whether there is a
shortage of bus operators in such district.
NOTE: Paragraph (C)(3) as repealed by Acts 2024, No. 594.
(3) Repealed by Acts 2024, No. 594, §2.
D. The status of any retired bus operator who is reemployed pursuant to the
provisions of this Section shall be the same as that of a full-time active employee and shall
be governed by the rules, procedures, policies, and statutes that apply to all such active
employees.
E. The provisions of R.S. 11:1006 shall not be applicable to any retiree to whom this
Section applies.
F. Any employer who participates in the reemployment of any retired bus operator
pursuant to this Section shall pay the actuarial cost in aggregate attributable to the
reemployment of such bus operator in excess of the cost that would have been incurred if the
employer had reemployed the operator or operators pursuant to R.S.11:1006 as determined
by the system's actuary. The actuarial cost to the system, if any, shall be included in the
annual actuarial report to the board of trustees of the system and shall be submitted to the
Public Retirement Systems' Actuarial Committee. Upon approval of the system's actuarial
report by the Public Retirement Systems' Actuarial Committee, the participating employers
shall be notified of any cost, which shall be paid to the system not later than June thirtieth
following such committee's approval of the system's actuarial report.
G. Repealed by Acts 2008, No. 832, §2, eff. July 1, 2008.

Legislative History

Acts 2007, No. 213, §1, eff. July 1, 2007; Acts 2008, No. 832, §§1, 2, eff. July 1, 2008; Acts 2009, No. 516, §1, eff. July 1, 2009; Acts 2024, No. 594, §§1, 2.