2010 RTW Law: Frequently asked questions (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 receiving TRSL disability benefits who return to work in the field of public or private education will have their disability benefits terminated. These retirees can return to work outside the field of education without penalty. However, there are limits on how much they can earn.


What if I am re-employed 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?

Critical shortage requirements are exclusive to the 2010 RTW Law. 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 re-employed 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 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 re-employed 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 re-employment.

Can I regain active TRSL membership?

If you are a retiree re-employed 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, does the 2020 RTW Law change my status?

If you are a TRSL retiree who retired on or before June 30, 2010 (grandfathered group), the 2020 RTW Law has 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 already returned to work on or before June 30, 2020, does the 2020 RTW Law change my status?

If you are a TRSL retiree who returned to work on or before June 30, 2020, the 2020 RTW Law has 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).


How do I transfer from the 2010 RTW Group to the 2020 RTW Group, and how will transferring impact my future re-employment?

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 re-employment 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.


Still have questions?

Ask TRSL. Contact us about your re-employment position and RTW laws that could impact your retirement benefits.

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