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A BILL TO BE ENTITLED
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AN ACT
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relating to the loss of benefits of and the payment of certain |
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employer contributions for certain retirees of the Teacher |
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Retirement System of Texas who resume service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 824.602(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Section 825.506, the retirement system may |
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not, under Section 824.601, withhold a monthly benefit payment if |
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the retiree is employed in a Texas public educational institution: |
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(1) as a substitute only with pay not more than the |
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daily rate of substitute pay established by the employer and, if the |
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retiree is a disability retiree, the employment has not exceeded a |
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total of 90 days in the school year; |
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(2) in a position, other than as a substitute, on no |
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more than a one-half time basis for the month; |
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(3) in one or more positions on as much as a full-time |
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basis, if the retiree has been separated from service with all Texas |
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public educational institutions for at least 12 full consecutive |
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months after the retiree's effective date of retirement; [or] |
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(4) in a position, other than as a substitute, on no |
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more than a one-half time basis for no more than 90 days in the |
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school year, if the retiree is a disability retiree; or |
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(5) in a position on as much as a full-time basis that |
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is necessary, as determined by the board of trustees, for |
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implementing a special education program under Subchapter A, |
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Chapter 29, Education Code. |
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SECTION 2. Section 825.4092(e), Government Code, is amended |
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to read as follows: |
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(e) The amounts required to be paid under Subsections (b) |
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and (c) are not required to be paid by a reporting employer for a |
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retiree who retired from the retirement system: |
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(1) before September 1, 2005; or |
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(2) on or after September 1, 2005, if: |
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(A) the reporting employer is located in an area |
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subject to: |
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(i) a disaster declared by the president of |
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the United States; |
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(ii) a state of disaster declared by the |
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governor under Chapter 418; or |
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(iii) a local state of disaster declared by |
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the presiding officer of the governing body of a political |
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subdivision under Chapter 418; |
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(B) the amounts to be paid are attributable to a |
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payroll period that occurs in any of the following school years: |
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(i) a school year during which a disaster |
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described by Paragraph (A) is declared, beginning with the payroll |
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period that occurs after the date the disaster is declared; and |
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(ii) the two school years following a |
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school year described by Subparagraph (i); and |
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(C) the retiree is employed in a position |
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necessary, as determined by the board of trustees, for implementing |
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a special education program under Subchapter A, Chapter 29, |
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Education Code. |
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SECTION 3. (a) Subject to Subsection (b) of this section, |
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the changes in law made by this Act apply to a retiree of the Teacher |
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Retirement System of Texas regardless of whether the person retired |
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from employment before, on, or after the effective date of this Act. |
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(b) Section 824.602, Government Code, as amended by this |
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Act, applies only to a benefit payment made by the Teacher |
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Retirement System of Texas that becomes payable on or after the |
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effective date of this Act. |
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SECTION 4. Section 825.4092, Government Code, as amended by |
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this Act, applies beginning with the 2021-2022 school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |