Regular Session News #18: End of session delivers a benefit increase and return-to-work changes (copy)

Jun 8, 2022

The 2022 Regular Session, which began March 14, ended Monday. Four bills impacting TRSL received final legislative passage with three awaiting action by the governor. Here’s a look at them.
Permanent Benefit Increase
Senate Bill 6 (Sen. Price) grants a 2% permanent benefit increase (PBI), payable on July 1, 2022, to eligible TRSL retirees, beneficiaries, and survivors calculated on the first $68,396 of their annual retirement benefit.

Individuals meeting the following criteria on July 1, 2022, will be granted a 2% monthly benefit increase:
  • Regular retiree: Must have received a benefit for at least one year and be 60 years of age
  • Disability retiree: Must have been retired at least one year regardless of age
  • Beneficiary of retired member: Retiree or beneficiary (or both combined) must have received a benefit for at least one year, and the deceased retiree would have been 60 years of age at the time the PBI is payable
  • Survivor of non-retired member: Must have received a benefit for at least one year and the benefits must have originated from the service of a deceased member who would have been 60 years of age at the time the PBI is payable.
Senate Bill 6 is awaiting action by the governor.
 
Return to Work (RTW)
Eight RTW bills were filed this year, with two identical bills - House Bill 1021 (Rep. McFarland, DeVillier, Edmonds, Frieman, Garafolo, Harris, and Romero) and Senate Bill 434 (Sen. Fields) – receiving final legislative passage.
Both bills make significant changes to the 2010 RTW Law, and add new provisions for retirees re-employed as adjunct nursing professors in postsecondary institutions.
Upon enactment, these bills will do the following:
  • Allow retirees subject to the 2010 RTW Law to be directly re-employed without a suspension or reduction in retirement benefit through June 30, 2027, if: (1) certified to teach mathematics, science, English language arts, or special education (excluding gifted/talented) and re-employed to fill a position in the area of certification; or (2) at least age 62 with 30 years of service and re-employed to fill a vacancy created by maternity leave, military leave, sabbatical leave, or extended sick leave;
  • Establish that the 2010 RTW Law is applicable to those who retired on/before June 30, 2020, and the 2020 RTW Law is applicable to those who retired on or after July 1, 2020;
  • Allow certain retirees in the 2020 RTW Group to return to work under the 2010 RTW Law;
  • Change K-12 employer advertising and posting requirements for filling critical shortage vacancies;
  • Authorize postsecondary employers to hire retirees, who meet certain criteria, as adjunct professors of nursing instruction where a critical shortage exists without a benefit suspension through June 30, 2027; and
  • With respect to adjunct professors of nursing instruction, require postsecondary employers to follow certain guidelines for certifying a critical shortage and posting critical shortage position vacancies as well as reporting certain information to TRSL.
Additionally, these bills require the Louisiana Department of Education to conduct a study and make recommendations for policy changes, which address critical shortages at TRSL-participating and public non-participating schools without employing retirees.

These bills are awaiting action by the governor.
 
Payments toward the IUAL

Act 170 [House Bill 592] (Rep. Zeringue) makes a supplemental appropriation of $48.1 million to the TRSL initial unfunded accrued liability (IUAL) from a portion of the FY 2020-21 surplus funds in the state treasury.

One resolution was also passed by the Legislature:

Social Security Offsets
House Concurrent Resolution 11 (Rep. M. Johnson) urges and requests state legislatures to ask Congress to review and eliminate or reduce the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO) Social Security benefit reductions. The resolution also requests that the Louisiana Attorney General explore legal action to restore benefits lost to the GPO and WEP.
House Concurrent Resolution 11 enrolled with the Secretary of State.

NOTE: Changes to Social Security offsets must come at the federal level. For more information about current federal legislation related to WEP and GPO, contact your U.S. representative and/or senator.
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