By: Wu, Craddick, White, Landgraf, H.B. No. 2227
Capriglione, et al.
A BILL TO BE ENTITLED
AN ACT
relating to preventing the loss of benefits by certain retirees of
the Teacher Retirement System of Texas who resume service.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 824.601(b-1), Government Code, is
amended to read as follows:
(b-1) Subsection (b) does not apply to a retiree under
Section 824.202 whose effective date of retirement is on or before
August 31, 2018 [January 1, 2011].
SECTION 2. Section 824.602, Government Code, is amended by
amending Subsections (a) and (j) and adding Subsection (c) to read
as follows:
(a) Subject to Subsection (c) and Section 825.506, the
retirement system may not, under Section 824.601, withhold a
monthly benefit payment if the retiree is employed in a Texas public
educational institution:
(1) as a substitute only with pay not more than the
daily rate of substitute pay established by the employer and, if the
retiree is a disability retiree, the employment has not exceeded a
total of 90 days in the school year;
(2) in a position, other than as a substitute, on no
more than a one-half time basis for the month;
(3) in one or more positions on as much as a full-time
basis, if the retiree has been separated from service with all Texas
public educational institutions for at least 12 full consecutive
months after the retiree's effective date of retirement; or
(4) in a position, other than as a substitute, on no
more than a one-half time basis for no more than 90 days in the
school year, if the retiree is a disability retiree.
(c) Except as provided by this subsection, an exception
provided by Subsection (a)(2) or (4) continues to apply to a retiree
who exceeds a limitation prescribed by that subsection because of
an exigent event that is beyond the retiree's control, including a
weather-related event. If the system applies this subsection to a
retiree:
(1) the system shall:
(A) immediately notify the retiree and the Texas
public educational institution employing the retiree
that the
retiree exceeded a limitation provided by Subsection (a)(2) or (4),
as applicable; and
(B) if appropriate, provide to the retiree a
30-day period from the date notice is received by the retiree in
which the retiree may take corrective action to avoid exceeding the
limitation again in the future, as prescribed by the retirement
system; and
(2) the retiree shall, in the manner prescribed by the
system:
(A) return to the system the prorated amount of
the monthly benefit payment received by the retiree that is
attributable to the period in which the retiree exceeded the
limitation provided by Subsection (a)(2) or (4), as applicable; or
(B) pay to the system the difference between the
actual hours for which the retiree was compensated and the hours
permitted under Subsection (a)(2) or (4), as applicable.
(j) The board of trustees shall adopt rules:
(1) governing the employment of a substitute;
(2) [and] defining "one-half time basis"; and
(3) implementing Subsection (c), as necessary.["]
SECTION 3. Section 824.602, Government Code, as amended by
this Act, applies only to a benefit payment made by the Teacher
Retirement System of Texas that becomes payable on or after the
effective date of this Act.
SECTION 4. This Act takes effect September 1, 2019.