By: Seliger, et al. 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 824.601, Government Code, is amended by
amending Subsection (b) and adding Subsection (b-3) to read as
follows:
(b) Except as provided by Subsection (b-1) or (b-3) or
Section 824.602 and subject to Subsection (b-2), a retiree is not
entitled to service or disability retirement benefit payments, as
applicable, for any month in which the retiree is employed in any
position by a Texas public educational institution.
(b-3) The retirement system may not under this section
withhold a monthly benefit payment for a retiree who retired under
Section 824.202 and qualified for an exception under Section
824.602 unless:
(1) with respect to the first occurrence of the
retiree's employment that does not qualify for the exception under
Section 824.602, the system issued a written warning notifying the
retiree of that fact; and
(2) in a month following the month in which the system
issued the warning described by Subdivision (1) and with respect to
a subsequent occurrence of the retiree's continued employment that
does not qualify for the exception under Section 824.602, the
system issued a written notice:
(A) warning the retiree of the fact described by
Subdivision (2); and
(B) requiring the retiree to pay to the system,
in a form and manner prescribed by the system, an amount elected by
the retiree that equals the total sum the retiree:
(i) earned for all employment by Texas
public educational institutions for each month occurring after the
issuance of the warning under Subdivision (1) and before the month
the system began withholding benefit payments under this section;
or
(ii) received in retirement benefit
payments for each month occurring after the issuance of the warning
under Subdivision (1) and before the month the system began
withholding benefit payments under this section.
SECTION 2. Section 824.601, 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 824.601, Government Code,
as amended by this Act.
SECTION 4. This Act takes effect September 1, 2021.