La. Admin. Code tit. 58 § III-303

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-303 - Membership

A. For a nonprofit corporation operating multiple approved charter schools in the state with at least one participating charter school, but where not all of the nonprofit corporations approved charter schools in the state are participating charter schools, system membership of employees who are assigned to work (for all or part of their time) at a participating charter school shall be determined as follows.

1. An employee assigned to work as a school-based employee shall be deemed to be employed in a public elementary or secondary school in the state for purposes of eligibility for any and all retirement benefits which would otherwise accrue under state law to such an employee in any other elementary or secondary school.

2. An employee who is not a school-based employee, but who performs school-based services shall be deemed to be employed in a public elementary or secondary school in the state for purposes of eligibility for any and all retirement benefits which would otherwise accrue under state law to such an employee in any other elementary or secondary school, provided system membership is not prohibited by R.S. 11:162.

a. When applying the provisions of R.S. 11:162, the number of hours the employee performs school-based services at the participating charter school or schools, as applicable, shall be used to determine the nature of employment with respect to a participating charter school or schools.

b. If system membership is not prohibited by R.S. 11:162, all earnable compensation attributable to the employees performance of school-based services at the participating charter school or schools shall be reported to the system in accordance with applicable law.

3. An employee who is not a school-based employee and who does not perform school-based services shall not be eligible for system membership.

B. Notwithstanding the provisions of Subsection A, if all of the approved charters in the state held by a nonprofit corporation are participating charter schools, the employees of the nonprofit corporation who are employed for the purposes of operating the charter schools shall be deemed to be employed in a public elementary or secondary school in the state for purposes of eligibility for any and all retirement benefits which would otherwise accrue under state law to such an employee in any other elementary or secondary school.

La. Admin. Code tit. 58, § III-303

Promulgated by the Department of Treasury, Board of Trustees of the Teachers Retirement System of Louisiana, LR 442224 (12/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 11:826.