| 1 | 1 | | 88R6341 JCG-D |
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| 2 | 2 | | By: Herrero H.B. No. 3261 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to preventing the loss of benefits by certain retirees of |
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| 8 | 8 | | the Teacher Retirement System of Texas who resume service during a |
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| 9 | 9 | | declared disaster. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 824.602(a), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) Subject to Section 825.506, the retirement system may |
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| 14 | 14 | | not, under Section 824.601, withhold a monthly benefit payment if |
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| 15 | 15 | | the retiree is employed in a Texas public educational institution: |
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| 16 | 16 | | (1) as a substitute only with pay not more than the |
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| 17 | 17 | | daily rate of substitute pay established by the employer and, if the |
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| 18 | 18 | | retiree is a disability retiree, the employment has not exceeded a |
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| 19 | 19 | | total of 90 days in the school year; |
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| 20 | 20 | | (2) in a position, other than as a substitute, on no |
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| 21 | 21 | | more than a one-half time basis for the month; |
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| 22 | 22 | | (3) in one or more positions on as much as a full-time |
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| 23 | 23 | | basis, if the retiree has been separated from service with all Texas |
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| 24 | 24 | | public educational institutions for at least 12 full consecutive |
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| 25 | 25 | | months after the retiree's effective date of retirement; |
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| 26 | 26 | | (4) in a position, other than as a substitute, on no |
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| 27 | 27 | | more than a one-half time basis for no more than 90 days in the |
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| 28 | 28 | | school year, if the retiree is a disability retiree; [or] |
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| 29 | 29 | | (5) as a tutor under Section 33.913, Education Code; |
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| 30 | 30 | | or |
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| 31 | 31 | | (6) in a position in an area subject to a declaration |
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| 32 | 32 | | of disaster by the governor under Chapter 418 or a declaration of |
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| 33 | 33 | | local disaster under that chapter while the declaration is in |
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| 34 | 34 | | effect. |
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| 35 | 35 | | SECTION 2. Section 824.602, Government Code, as amended by |
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| 36 | 36 | | this Act, applies only to the employment of a retiree of the Teacher |
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| 37 | 37 | | Retirement System of Texas on or after the effective date of this |
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| 38 | 38 | | Act. |
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| 39 | 39 | | SECTION 3. As soon as practicable after the effective date |
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| 40 | 40 | | of this Act, the Teacher Retirement System of Texas shall adopt |
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| 41 | 41 | | rules as necessary to implement Section 824.602, Government Code, |
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| 42 | 42 | | as amended by this Act. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2023. |
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