New return-to-work laws
The 2018 Regular Legislative Session saw the inclusion of interpreters, educational transliterators, and educators of the deaf or hard of hearing added to the critical shortage provision. It also saw the introduction of tutors for PreK-12 students and professional development trainers added to those re-employment eligible positions subject to the 25% earnings limit.
One area that is sometimes misunderstood is retirees who return to work under a contractual agreement. Retirees who return to work in TRSL-covered positions and are employed by you through a contract (independent or corporate) are still subject to the RTW laws.
If you hire a retiree as an educational consultant through a professional service contract, s/he still must fulfill his/her waiting period (12- or 36-months, depending on the date of retirement and benefit accrual rate) and may be subject to suspension of benefits depending on which provision you enroll them under.
So, you’ve entered into a professional services contract with an employment service for your substitute teachers. How does the RTW law apply?
The contract between a TRSL employer and the employment service providing substitute teachers is considered a corporate contract. Therefore, a substitute teacher who works for you pursuant to this contract is considered to be employed by corporate contract. The RTW law applies to retirees who are employed by corporate contract.
EXAMPLE: A TRSL retiree who is sent by ABC Services to work as a substitute teacher for your agency is subject to the same RTW laws as the TRSL retiree you hire directly as a substitute teacher.
While ABC Services pays the first retiree and you pay the second retiree, both positions are teaching positions, which are TRSL-covered positions subject to the return-to-work laws.
Please review Index 15.0 for details on return-to-work provisions, enrollment procedures for retirees returning to work in TRSL-covered positions, and employer reference materials.