1 | 1 | | 81R7793 SGA-D |
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2 | 2 | | By: Guillen H.B. No. 1907 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the retirement benefits payable to retirees of the |
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8 | 8 | | Teacher Retirement System of Texas who are employed as school |
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9 | 9 | | counselors. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 824.602(a), Government Code, as amended |
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12 | 12 | | by Chapters 674 (S.B. 132) and 1359 (S.B. 1691), Acts of the 79th |
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13 | 13 | | Legislature, Regular Session, 2005, is reenacted and amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | (a) Subject to Section 825.506, the retirement system may |
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16 | 16 | | not, under Section 824.601, withhold a monthly benefit payment if |
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17 | 17 | | the retiree is employed in a Texas public educational institution: |
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18 | 18 | | (1) as a substitute only with pay not more than the |
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19 | 19 | | daily rate of substitute pay established by the employer and, if the |
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20 | 20 | | retiree is a disability retiree, the employment has not exceeded a |
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21 | 21 | | total of 90 days in the school year; |
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22 | 22 | | (2) in a position, other than as a substitute, on no |
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23 | 23 | | more than a one-half time basis for the month; |
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24 | 24 | | (3) in one or more positions on as much as a full-time |
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25 | 25 | | basis, if the work occurs in not more than six months of a school |
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26 | 26 | | year that begins after the retiree's effective date of retirement; |
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27 | 27 | | (4) in a position, other than as a substitute, on no |
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28 | 28 | | more than a one-half time basis for no more than 90 days in the |
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29 | 29 | | school year, if the retiree is a disability retiree; |
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30 | 30 | | (5) in a position as a classroom teacher on as much as |
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31 | 31 | | a full-time basis, if the retiree has retired under Section |
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32 | 32 | | 824.202(a) or (a-1), is certified under Subchapter B, Chapter 21, |
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33 | 33 | | Education Code, to teach the subjects assigned, is teaching in an |
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34 | 34 | | acute shortage area as determined by the board of trustees of a |
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35 | 35 | | school district as provided by Subsection (m), and has been |
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36 | 36 | | separated from service with all public schools for at least 12 |
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37 | 37 | | months; |
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38 | 38 | | (6) in a position as a principal, including as an |
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39 | 39 | | assistant principal, on as much as a full-time basis, if the retiree |
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40 | 40 | | has retired under Section 824.202(a) or (a-1) without reduction for |
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41 | 41 | | retirement at an early age, is certified under Subchapter B, |
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42 | 42 | | Chapter 21, Education Code, to serve as a principal, and has been |
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43 | 43 | | separated from service with all public schools for at least 12 |
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44 | 44 | | months; |
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45 | 45 | | (7) as a bus driver for a school district on as much as |
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46 | 46 | | a full-time basis, if the retiree has retired under Section |
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47 | 47 | | 824.202(a) or (a-1), and the retiree's primary employment is as a |
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48 | 48 | | bus driver; [or] |
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49 | 49 | | (8) as a faculty member, during the period beginning |
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50 | 50 | | with the 2005 fall semester and ending on the last day of the 2015 |
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51 | 51 | | spring semester, in an undergraduate professional nursing program |
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52 | 52 | | or graduate professional nursing program, as defined by Section |
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53 | 53 | | 54.221, Education Code, and if the retiree has been separated from |
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54 | 54 | | service with all public schools for at least 12 months; or |
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55 | 55 | | (9) in a position as a counselor on as much as a |
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56 | 56 | | full-time basis, if the retiree has retired under Section |
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57 | 57 | | 824.202(a) or (a-1) without reduction for retirement at an early |
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58 | 58 | | age, is certified under Subchapter B, Chapter 21, Education Code, |
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59 | 59 | | to serve as a counselor, and has been separated from service with |
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60 | 60 | | all public schools for at least 12 months. |
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61 | 61 | | SECTION 2. Section 824.602(a), Government Code, as amended |
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62 | 62 | | by this Act, applies beginning with the 2009-2010 school year. |
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63 | 63 | | SECTION 3. This Act takes effect immediately if it receives |
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64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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67 | 67 | | Act takes effect September 1, 2009. |
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