Special return-to-work issue  August 2022
Class is back in session, and we want to help you pass a successful school year.
In this month’s Key, we’ll walk you through significant changes to Louisiana’s return-to-work (RTW) laws.
We have a lot of resources in place to help you navigate the changes.
We’ve also put together a handy, back-to-school checklist of important tasks that should be completed this fall. 

RTW changes

During the 2022 Regular Session, the Louisiana Legislature debated a number of possible changes to the return-to-work laws that impact retirees. Two bills – Acts 549 and 601 – became law. These bills changed eligibility criteria and updated critical shortage advertising requirements, while also giving you new ways to employ a retired classroom teacher without impacting their retirement benefits. In addition, an entirely new RTW law was created to address a shortage in adjunct professors for nursing programs. Read on for more information about the changes.

Eligibility criteria
  • Before, eligibility was based on the date of retirement and first date of reemployment.
  • Now, eligibility is based on the date of retirement.
NOTE: Based on the prior eligibility criteria, individuals who retired before July 1, 2020, and returned to work for the first time between July 1, 2020, and June 17, 2022, were placed into the 2020 RTW Group. These retirees are eligible to transfer out of the 2020 RTW Group in order to be covered by the provisions of La. R.S. 11:710.
Transfer options: Eligibility and how to transfer
Certain retirees who are now eligible for the 2010 RTW Law, but based on prior eligibility criteria, were placed into the 2020 RTW Group, can elect to transfer into the 2010 RTW Group. It is an irrevocable decision, binding until July 1, 2027.
  • Eligible retirees who wish to make this election should complete TRSL’s new Form 15TR (RTW of TRSL Retiree Special Transfer Group Election of 2010 Group Coverage) to their employer.
  • The employing agency should forward a copy of Form 15TR to TRSL and enroll the retiree through EMIS under the applicable 2010 RTW provision in enrollment PORTAL A.
Additionally, retirees in the 2010 RTW Group are eligible to make an irrevocable decision to join the 2020 RTW Group, after having at least one working day under a provision of the 2010 RTW Law.
  • Eligible retirees who wish to make this election should complete Form 15ELEC and submit it to the employing agency.
  • The employer should forward a copy of Form 15ELEC (RTW of TRSL Retiree - RTW 2020 Group) to TRSL, process a termination for the 2010 RTW enrollment, and enroll the retiree through EMIS under the applicable 2020 RTW provision in enrollment PORTAL B.
Critical shortage advertising requirements
Previously, to declare a critical shortage under the 2010 RTW Law, employers had to advertise twice in their official journal that a shortage of certified teachers (or other critical shortage position) exists and the position(s) to be filled, as well as post the job notice at the career development office (or similar entity) of every post-secondary institution within a 120-mile radius of the employer’s governing authority.
La R.S. 11:710 still allows employing agencies to hire retirees in critical shortage positions; however, the advertising requirements have been modernized.
Employers are now advertising to place their district in a critical shortage rather than advertising per position. See the advertising requirements listed below.
The advertising requirements are the only change regarding the critical shortage provision in La R.S. 11:710. The following criteria requirements remain: 
  • No change to eligible positions
  • Retiree must be certified in the subject area
  • Must have a candidate pool of fewer than three
  • Online enrollment and Form 15CS required annually
New provisions in the 2010 RTW Group
Employing retired teachers without impacting their retirement benefit
Two new provisions are in place until July 1, 2027, that will allow you to employ teachers who retired before July 1, 2020, without suspension of benefits or earnings limitation.
PLEASE NOTE: If a certified, nonretired teacher applies for a position in their area of certification that’s currently being filled by a retiree, then one of two things must happen:
  • The nonretired teacher must be hired for the position at the start of the next grading period OR
  • The core subject provision is no longer applicable, possibly resulting in the retiree’s benefit being suspended. 
2022 RTW Law (Higher Education ONLY) *NEW*
Filling adjunct professor positions in nursing programs where a critical shortage exists
La. R.S. 11:710.2 was created to address certain critical shortage scenarios within higher education. This provision only applies to adjunct professor positions in a nursing program at the higher education level where a critical shortage exists. Declaration and eligibility requirements are below.
RTW resource kit
Have questions? We have a number of resources in place to help you!
Missed this summer’s webinar on RTW changes?
  • View the recording here
  • View handouts here
TRSL website:
NOTE: The RTW flowcharts and member booklet, Returning to Work after Retirement, are still being updated.

We are here to help!

That's a general overview of the RTW changes. Have a question? Reach out to our RTW expert:
Back-to-school CHECKLIST
We know you’re busy. That’s why we’ve put together a checklist of tasks for completion this fall.
1. Certify and enroll retirees who are filling critical shortage positions: Remember that critical shortages are still available for your use and must be declared and certified annually for preK-12. If you have employees returning under critical shortage, you’ll need to certify and reenroll them when you certify and enroll newly rehired retirees.
2. Enroll new employees in TRSL: Louisiana law requires that you enroll employees eligible for membership in TRSL within 60 days of employment. You can usually do this through the online enrollment process. If you cannot process the enrollment online through EMIS, please use Enrollment Application/Employment Notification (Form 2).
  • Index 2.0 (TRSL Membership) of the Employer Procedures Manual
  • All TRSL forms are available as fillable PDFs here 
  • Index 15.1 (2010 RTW Law) of the Employer Procedures Manual
3. Make sure your agency’s contacts are up to date: It’s the start of the new school year. Pencils are freshly sharpened, and lesson plans are set. Now make sure your designated employer staff contacts are up to date. These are the staff members who will report, correct, and certify employee data.
  • Index 1.0 (Authorized Contacts & Employer Directory Contacts) of the Employer Procedures Manual
Need some help?
Whether you want a customized training session for new employees or a refresher course for existing staff, we’re here to help you with TRSL reporting and certification duties! You can schedule a session online or arrange an on-site visit. Just contact one of our Employer Services Training Specialists! 
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