| 12 | | - | SECTION 1. Section 824.601, Government Code, is amended by |
|---|
| 13 | | - | amending Subsection (b) and adding Subsection (b-3) to read as |
|---|
| 14 | | - | follows: |
|---|
| 15 | | - | (b) Except as provided by Subsection (b-1) or (b-3) or |
|---|
| 16 | | - | Section 824.602 and subject to Subsection (b-2), a retiree is not |
|---|
| 17 | | - | entitled to service or disability retirement benefit payments, as |
|---|
| 18 | | - | applicable, for any month in which the retiree is employed in any |
|---|
| 19 | | - | position by a Texas public educational institution. |
|---|
| 20 | | - | (b-3) The retirement system may not under this section |
|---|
| 21 | | - | withhold a monthly benefit payment for a retiree who retired under |
|---|
| 22 | | - | Section 824.202 and qualified for an exception under Section |
|---|
| 23 | | - | 824.602 unless: |
|---|
| 24 | | - | (1) with respect to the first occurrence of the |
|---|
| 25 | | - | retiree's employment that does not qualify for the exception under |
|---|
| 26 | | - | Section 824.602, the system issued a written warning notifying the |
|---|
| 27 | | - | retiree of that fact; and |
|---|
| 28 | | - | (2) in a month following the month in which the system |
|---|
| 29 | | - | issued the warning described by Subdivision (1) and with respect to |
|---|
| 30 | | - | a subsequent occurrence of the retiree's continued employment that |
|---|
| 31 | | - | does not qualify for the exception under Section 824.602, the |
|---|
| 32 | | - | system issued a written notice: |
|---|
| 33 | | - | (A) warning the retiree of the fact described by |
|---|
| 34 | | - | Subdivision (2); and |
|---|
| 35 | | - | (B) requiring the retiree to pay to the system, |
|---|
| 36 | | - | in a form and manner prescribed by the system, an amount elected by |
|---|
| 37 | | - | the retiree that equals the total sum the retiree: |
|---|
| 38 | | - | (i) earned for all employment by Texas |
|---|
| 39 | | - | public educational institutions for each month occurring after the |
|---|
| 40 | | - | issuance of the warning under Subdivision (1) and before the month |
|---|
| 41 | | - | the system began withholding benefit payments under this section; |
|---|
| 42 | | - | or |
|---|
| 43 | | - | (ii) received in retirement benefit |
|---|
| 44 | | - | payments for each month occurring after the issuance of the warning |
|---|
| 45 | | - | under Subdivision (1) and before the month the system began |
|---|
| 46 | | - | withholding benefit payments under this section. |
|---|
| 47 | | - | SECTION 2. Section 824.601, Government Code, as amended by |
|---|
| 10 | + | SECTION 1. Section 824.602, Government Code, is amended by |
|---|
| 11 | + | amending Subsection (a) and adding Subsections (c), (d), and (d-1) |
|---|
| 12 | + | to read as follows: |
|---|
| 13 | + | (a) Subject to Subsections (c), (d), and (d-1) and Section |
|---|
| 14 | + | 825.506, the retirement system may not, under Section 824.601, |
|---|
| 15 | + | withhold a monthly benefit payment if the retiree is employed in a |
|---|
| 16 | + | Texas public educational institution: |
|---|
| 17 | + | (1) as a substitute only with pay not more than the |
|---|
| 18 | + | daily rate of substitute pay established by the employer and, if the |
|---|
| 19 | + | retiree is a disability retiree, the employment has not exceeded a |
|---|
| 20 | + | total of 90 days in the school year; |
|---|
| 21 | + | (2) in a position, other than as a substitute, on no |
|---|
| 22 | + | more than a one-half time basis for the month; |
|---|
| 23 | + | (3) in one or more positions on as much as a full-time |
|---|
| 24 | + | basis, if the retiree has been separated from service with all Texas |
|---|
| 25 | + | public educational institutions for at least 12 full consecutive |
|---|
| 26 | + | months after the retiree's effective date of retirement; or |
|---|
| 27 | + | (4) in a position, other than as a substitute, on no |
|---|
| 28 | + | more than a one-half time basis for no more than 90 days in the |
|---|
| 29 | + | school year, if the retiree is a disability retiree. |
|---|
| 30 | + | (c) Subject to Section 825.506, with respect to a retiree |
|---|
| 31 | + | who is employed by a Texas public educational institution in excess |
|---|
| 32 | + | of a limitation on employment provided by Subsection (a), the |
|---|
| 33 | + | retirement system may not withhold a monthly benefit payment under |
|---|
| 34 | + | Section 824.601 and shall provide a written warning regarding the |
|---|
| 35 | + | consequences of further employment that exceeds those limitations. |
|---|
| 36 | + | (d) If the retirement system determines that a retiree, |
|---|
| 37 | + | after receipt of a warning under Subsection (c), is employed in a |
|---|
| 38 | + | manner that exceeds a limitation on employment provided by |
|---|
| 39 | + | Subsection (a), the system shall provide notice of that |
|---|
| 40 | + | determination to the retiree and require the retiree, in the manner |
|---|
| 41 | + | prescribed by the system, to: |
|---|
| 42 | + | (1) return to the system the prorated amount of the |
|---|
| 43 | + | monthly benefit payment received by the retiree that is |
|---|
| 44 | + | attributable to the period in which the retiree exceeded the |
|---|
| 45 | + | limitation provided by Subsection (a); or |
|---|
| 46 | + | (2) pay to the system the difference between the |
|---|
| 47 | + | actual hours or days for which the retiree was compensated and the |
|---|
| 48 | + | hours or days permitted under Subsection (a). |
|---|
| 49 | + | (d-1) If the retirement system determines that a retiree, |
|---|
| 50 | + | after receipt of a notice under Subsection (d), is employed in a |
|---|
| 51 | + | manner that exceeds a limitation on employment provided by |
|---|
| 52 | + | Subsection (a), the system may withhold a monthly benefit payment |
|---|
| 53 | + | under Section 824.601. |
|---|
| 54 | + | SECTION 2. Section 824.602, Government Code, as amended by |
|---|