87R2766 JCG-D
By: Seliger S.B. No. 288
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 824.602, Government Code, is amended by
amending Subsection (a) and adding Subsections (c), (d), and (d-1)
to read as follows:
(a) Subject to Subsections (c), (d), and (d-1) 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) Subject to Section 825.506, with respect to a retiree
who is employed by a Texas public educational institution in excess
of a limitation on employment provided by Subsection (a), the
retirement system may not withhold a monthly benefit payment under
Section 824.601 and shall provide a written warning regarding the
consequences of further employment that exceeds those limitations.
(d) If the retirement system determines that a retiree,
after receipt of a warning under Subsection (c), is employed in a
manner that exceeds a limitation on employment provided by
Subsection (a), the system shall provide notice of that
determination to the retiree and require the retiree, in the manner
prescribed by the system, to:
(1) 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); or
(2) pay to the system the difference between the
actual hours or days for which the retiree was compensated and the
hours or days permitted under Subsection (a).
(d-1) If the retirement system determines that a retiree,
after receipt of a notice under Subsection (d), is employed in a
manner that exceeds a limitation on employment provided by
Subsection (a), the system may withhold a monthly benefit payment
under Section 824.601.
SECTION 2. Section 824.602, Government Code, as amended by
this Act, applies only to the employment of a retiree of the Teacher
Retirement System of Texas on or after the effective date of this
Act.
SECTION 3. As soon as practicable after the effective date
of this Act, the Teacher Retirement System of Texas shall adopt
rules as necessary to implement Section 824.602, Government Code,
as amended by this Act.
SECTION 4. This Act takes effect September 1, 2021.