Texas 2011 - 82nd Regular

Texas Senate Bill SB1669 Compare Versions

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1	1	By: Duncan S.B. No. 1669
2	2	(Truitt)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the resumption of service by retirees under the Teacher
8	8	Retirement System of Texas.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 824.601, Government Code, is amended by
11	11	amending Subsection (b) and adding Subsection (b-1) to read as
12	12	follows:
13	13	(b) Except as provided by Subsection (b-1) or Section
14	14	824.602, a retiree is not entitled to service or disability
15	15	retirement benefit payments, as applicable, for any month in which
16	16	the retiree is employed in any position by a Texas public
17	17	educational institution.
18	18	(b-1) Subsection (b) does not apply to a retiree under
19	19	Section 824.202 whose effective date of retirement is on or before
20	20	January 1, 2011.
21	21	SECTION 2. Subsection (a), Section 824.602, Government
22	22	Code, as amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691),
23	23	Acts of the 79th Legislature, Regular Session, 2005, is reenacted
24	24	and amended to read as follows:
25	25	(a) Subject to Section 825.506, the retirement system may
26	26	not, under Section 824.601, withhold a monthly benefit payment if
27	27	the retiree is employed in a Texas public educational institution:
28	28	(1) as a substitute only with pay not more than the
29	29	daily rate of substitute pay established by the employer and, if the
30	30	retiree is a disability retiree, the employment has not exceeded a
31	31	total of 90 days in the school year;
32	32	(2) in a position, other than as a substitute, on no
33	33	more than a one-half time basis for the month;
34	34	(3) in one or more positions on as much as a full-time
35	35	basis, if the retiree has been separated from service with all Texas
36	36	public educational institutions for at least 12 full consecutive
37	37	months [work occurs in not more than six months of a school year
38	38	that begins] after the retiree's effective date of retirement; or
39	39	(4) in a position, other than as a substitute, on no
40	40	more than a one-half time basis for no more than 90 days in the
41	41	school year, if the retiree is a disability retiree[;
42	42	[(5) in a position as a classroom teacher on as much as
43	43	a full-time basis, if the retiree has retired under Section
44	44	824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
45	45	Education Code, to teach the subjects assigned, is teaching in an
46	46	acute shortage area as determined by the board of trustees of a
47	47	school district as provided by Subsection (m), and has been
48	48	separated from service with all public schools for at least 12
49	49	months;
50	50	[(6) in a position as a principal, including as an
51	51	assistant principal, on as much as a full-time basis, if the retiree
52	52	has retired under Section 824.202(a) or (a-1) without reduction for
53	53	retirement at an early age, is certified under Subchapter B,
54	54	Chapter 21, Education Code, to serve as a principal, and has been
55	55	separated from service with all public schools for at least 12
56	56	months;
57	57	[(7) as a bus driver for a school district on as much
58	58	as a full-time basis, if the retiree has retired under Section
59	59	824.202(a) or (a-1), and the retiree's primary employment is as a
60	60	bus driver; or
61	61	[(8) as a faculty member, during the period beginning
62	62	with the 2005 fall semester and ending on the last day of the 2015
63	63	spring semester, in an undergraduate professional nursing program
64	64	or graduate professional nursing program, as defined by Section
65	65	54.221, Education Code, and if the retiree has been separated from
66	66	service with all public schools for at least 12 months].
67	67	SECTION 3. Subsection (g), Section 824.602, Government
68	68	Code, is amended to read as follows:
69	69	(g) The exceptions provided by Subsections (a)(2) and
70	70	(a)(3) do not apply to disability retirees. The retirement system
71	71	nevertheless may not withhold a monthly benefit payment under
72	72	Section 824.601 if:
73	73	(1) a disability retiree is employed in a Texas public
74	74	educational institution in a position, other than as a substitute,
75	75	for a period not to exceed three consecutive months [of the school
76	76	year];
77	77	(2) the work occurs in a period, designated by the
78	78	disability retiree, of no more than three consecutive months [of a
79	79	school year];
80	80	(3) the disability retiree executes on a form and at a
81	81	time prescribed by the retirement system a written election to have
82	82	this exception apply on a one-time trial basis in determining
83	83	whether benefits are to be suspended for the months of employment
84	84	after retirement and in determining whether a disability retiree is
85	85	no longer mentally or physically incapacitated for the performance
86	86	of duty; and
87	87	(4) the disability retiree has not previously elected
88	88	to avoid loss of monthly benefits [in a school year] under this
89	89	subsection.
90	90	SECTION 4. Section 824.603, Government Code, is amended to
91	91	read as follows:
92	92	Sec. 824.603. EXCLUSION FROM CREDIT. Employment of a
93	93	retiree described by Section 824.601(b-1) or 824.602(a) does not
94	94	entitle the [a] retiree to additional service credit, and the
95	95	retiree so employed is not required to make contributions to the
96	96	system from compensation for that employment.
97	97	SECTION 5. Subsections (c), (d), (m), (p), and (q), Section
98	98	824.602, Government Code, are repealed.
99	99	SECTION 6. (a) A person who resumed employment after
100	100	retirement and whose benefit payments were suspended under Section
101	101	824.601, Government Code, as that section existed before amendment
102	102	by this Act, is entitled to the resumption of monthly benefit
103	103	payments if the person meets the requirements of Section
104	104	824.601(b-1), Government Code, as added by this Act, or Section
105	105	824.602, Government Code, as amended by this Act.
106	106	(b) The Teacher Retirement System of Texas shall resume
107	107	making monthly benefit payments to a person described by Subsection
108	108	(a) of this section on the first payment date occurring on or after
109	109	the effective date of this Act.
110	110	(c) A person who is entitled to the resumption of monthly
111	111	benefit payments under this section is not entitled to recover
112	112	benefit payments not made during the period the person's benefit
113	113	was suspended under Section 824.601, Government Code, as that
114	114	section existed before amendment by this Act.
115	115	SECTION 7. To the extent of any conflict, this Act prevails
116	116	over another Act of the 82nd Legislature, Regular Session, 2011,
117	117	relating to nonsubstantive additions to and corrections in enacted
118	118	codes.
119	119	SECTION 8. This Act takes effect immediately if it receives
120	120	a vote of two-thirds of all the members elected to each house, as
121	121	provided by Section 39, Article III, Texas Constitution. If this
122	122	Act does not receive the vote necessary for immediate effect, this
123	123	Act takes effect September 1, 2011.