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AN ACT
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relating to preventing the loss of benefits of and the payment of |
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certain 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 824.601, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-3) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1) or Section |
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824.602 and subject to Subsection (b-2) and, if applicable, |
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Subsection (b-3), a retiree is not entitled to service or |
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disability retirement benefit payments, as applicable, for any |
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month in which the retiree is employed in any position by a Texas |
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public educational institution. |
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(b-3) A retiree under Section 824.202 is subject to |
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Subsection (b) only if the retirement system first issues the |
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following notices to the retiree: |
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(1) with respect to the first occurrence of the |
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retiree's employment that does not qualify for an exception under |
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Section 824.602, the system issued a written warning notifying the |
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retiree of that fact; and |
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(2) in a month following the month in which the system |
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issued the warning described by Subdivision (1) and with respect to |
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a subsequent occurrence of the retiree's continued employment that |
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does not qualify for an exception under Section 824.602, the system |
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issued a written notice: |
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(A) warning the retiree of the fact described by |
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this subdivision; and |
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(B) requiring the retiree to pay to the system, |
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in a form and manner prescribed by the system, an amount, as elected |
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by the retiree, that equals the total sum the retiree: |
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(i) earned for all employment by Texas |
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public educational institutions for each month occurring after the |
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issuance of the warning under Subdivision (1) for which the retiree |
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did not qualify for an exception under Section 824.602 and before |
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the month the system issued the written notice described by this |
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subdivision; or |
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(ii) received in retirement benefit |
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payments for each month occurring after the issuance of the warning |
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under Subdivision (1) for which the retiree did not qualify for an |
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exception under Section 824.602 and before the month the system |
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issued the written notice described by this subdivision. |
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SECTION 2. Subchapter G, Chapter 824, Government Code, is |
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amended by adding Section 824.6021 to read as follows: |
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Sec. 824.6021. TEMPORARY EXCEPTION TO MITIGATE LEARNING |
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LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC. (a) Subject to Section |
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825.506, the retirement system may not, under Section 824.601, |
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withhold a monthly benefit payment if the retiree is employed in a |
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Texas public educational institution, other than an institution of |
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higher education, in a position performing duties related to the |
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mitigation of student learning loss attributable to the coronavirus |
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disease (COVID-19) pandemic, if the position: |
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(1) is in addition to the normal staffing level at the |
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Texas public educational institution; |
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(2) is funded wholly by federal funds provided under |
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federal law enacted for the purpose of providing relief related to |
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the coronavirus disease (COVID-19) pandemic, including the |
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Coronavirus Aid, Relief, and Economic Security (CARES) Act (15 |
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U.S.C. Section 9001 et seq.), Coronavirus Response and Relief |
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Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. |
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116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2); |
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and |
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(3) ends on or before December 31, 2024. |
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(b) The exception provided by this section: |
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(1) is in addition to the exceptions otherwise |
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provided by Sections 824.601 and 824.602; and |
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(2) does not apply to disability retirees. |
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(c) This section expires February 1, 2025. |
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SECTION 3. Section 825.308, Government Code, is amended to |
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read as follows: |
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Sec. 825.308. STATE CONTRIBUTION ACCOUNT. The retirement |
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system shall deposit in the state contribution account: |
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(1) all state contributions to the retirement system |
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required by Section 825.404; |
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(2) amounts from the interest account as provided by |
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Section 825.313(b)(2); |
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(3) retirement annuities waived or forfeited in |
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accordance with Section 824.601 or 824.004; |
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(3-a) retiree earnings described by Section |
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824.601(b-3)(2)(B)(i) that have been paid to the system; |
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(4) fees collected under Section 825.403(h); |
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(5) fees and interest for reinstatement of service |
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credit or establishment of membership service credit as provided by |
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Section 823.501; |
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(6) the portion of a deposit required by Section |
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823.302 to establish military service credit that represents a fee; |
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and |
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(7) employer contributions required under Section |
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825.4092. |
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SECTION 4. Section 825.4092, Government Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) Notwithstanding any other provision of this section, |
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the amounts required to be paid under Subsections (b) and (c) are |
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not required to be paid by a reporting employer for a retiree who |
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retired from the retirement system on or after September 1, 2005, |
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and is employed in a position described by Section 824.6021(a). |
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This subsection expires February 1, 2025. |
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SECTION 5. Section 824.601, Government Code, as amended by |
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this Act, applies only to the employment of a retiree of the Teacher |
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Retirement System of Texas on or after the effective date of this |
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Act. |
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SECTION 6. As soon as practicable after the effective date |
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of this Act, the Teacher Retirement System of Texas shall adopt |
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rules as necessary to implement Section 824.601, Government Code, |
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as amended by this Act. |
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SECTION 7. 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 8. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 288 passed the Senate on |
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April 19, 2021, by the following vote: Yeas 31, Nays 0; |
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May 25, 2021, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2021, |
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House granted request of the Senate; May 29, 2021, Senate adopted |
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Conference Committee Report by the following vote: Yeas 31, |
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Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 288 passed the House, with |
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amendments, on May 24, 2021, by the following vote: Yeas 146, |
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Nays 0, one present not voting; May 27, 2021, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 29, 2021, House adopted Conference Committee Report by the |
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following vote: Yeas 138, Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |