Texas 2019 - 86th Regular

Texas House Bill HB2227 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R28097 TSR-D
1	2		By: Wu, Craddick, White, Landgraf, H.B. No. 2227
2		-	Capriglione, et al.
	3	+	Capriglione
	4	+	Substitute the following for H.B. No. 2227:
	5	+	By: Longoria C.S.H.B. No. 2227
3	6
4	7
5	8		A BILL TO BE ENTITLED
6	9		AN ACT
7	10		relating to preventing the loss of benefits by certain retirees of
8	11		the Teacher Retirement System of Texas who resume service.
9	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	13		SECTION 1. Section 824.601(b-1), Government Code, is
11	14		amended to read as follows:
12	15		(b-1) Subsection (b) does not apply to a retiree under
13	16		Section 824.202 whose effective date of retirement is on or before
14	17		August 31, 2018 [January 1, 2011].
15	18		SECTION 2. Section 824.602, Government Code, is amended by
16	19		amending Subsections (a) and (j) and adding Subsection (c) to read
17	20		as follows:
18	21		(a) Subject to Subsection (c) and Section 825.506, the
19	22		retirement system may not, under Section 824.601, withhold a
20	23		monthly benefit payment if the retiree is employed in a Texas public
21	24		educational institution:
22	25		(1) as a substitute only with pay not more than the
23	26		daily rate of substitute pay established by the employer and, if the
24	27		retiree is a disability retiree, the employment has not exceeded a
25	28		total of 90 days in the school year;
26	29		(2) in a position, other than as a substitute, on no
27	30		more than a one-half time basis for the month;
28	31		(3) in one or more positions on as much as a full-time
29	32		basis, if the retiree has been separated from service with all Texas
30	33		public educational institutions for at least 12 full consecutive
31	34		months after the retiree's effective date of retirement; or
32	35		(4) in a position, other than as a substitute, on no
33	36		more than a one-half time basis for no more than 90 days in the
34	37		school year, if the retiree is a disability retiree.
35	38		(c) Except as provided by this subsection, an exception
36	39		provided by Subsection (a)(2) or (4) continues to apply to a retiree
37	40		who exceeds a limitation prescribed by that subsection because of
38	41		an exigent event that is beyond the retiree's control, including a
39	42		weather-related event. If the system applies this subsection to a
40	43		retiree:
41	44		(1) the system shall:
42		-	(A) immediately notify the retiree and the Texas
43		-	public educational institution employing the retiree
44		-	that the
	45	+	(A) immediately notify the retiree that the
45	46		retiree exceeded a limitation provided by Subsection (a)(2) or (4),
46	47		as applicable; and
47	48		(B) if appropriate, provide to the retiree a
48	49		30-day period from the date notice is received by the retiree in
49	50		which the retiree may take corrective action to avoid exceeding the
50	51		limitation again in the future, as prescribed by the retirement
51	52		system; and
52	53		(2) the retiree shall, in the manner prescribed by the
53	54		system:
54	55		(A) return to the system the prorated amount of
55	56		the monthly benefit payment received by the retiree that is
56	57		attributable to the period in which the retiree exceeded the
57	58		limitation provided by Subsection (a)(2) or (4), as applicable; or
58	59		(B) pay to the system the difference between the
59	60		actual hours for which the retiree was compensated and the hours
60	61		permitted under Subsection (a)(2) or (4), as applicable.
61	62		(j) The board of trustees shall adopt rules:
62	63		(1) governing the employment of a substitute;
63	64		(2) [and] defining "one-half time basis"; and
64	65		(3) implementing Subsection (c), as necessary.["]
65	66		SECTION 3. Section 824.602, Government Code, as amended by
66	67		this Act, applies only to a benefit payment made by the Teacher
67	68		Retirement System of Texas that becomes payable on or after the
68	69		effective date of this Act.
69	70		SECTION 4. This Act takes effect September 1, 2019.