73R5404 SOS-F
By Linebarger H.B. No. 1581
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain employment of disability retirees of the
1-3 Teacher Retirement System of Texas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 824.602, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 824.602. Exceptions. (a) The retirement system may
1-8 not, under Section 824.601, withhold a monthly benefit payment if
1-9 the retiree is employed in a Texas public educational institution:
1-10 (1) as a substitute only with pay not more than the
1-11 daily rate of substitute pay established by the employer, if the
1-12 employment has not exceeded a total of 120 days in the school year
1-13 or, for a disability retiree, 90 days in the school year;
1-14 (2) in a position, other than as a substitute, on no
1-15 more than a one-half time basis for the month; <or>
1-16 (3) in one or more positions on as much as a full-time
1-17 basis, if:
1-18 (A) the work occurs in a school year that begins
1-19 after the retiree's effective date of retirement;
1-20 (B) the work occurs in no more than six months
1-21 of the school year; and
1-22 (C) the retiree executes on a form and within
1-23 any deadline prescribed by the retirement system a written election
1-24 to have this exception apply for the school year in determining
2-1 whether benefits are to be suspended for employment after
2-2 retirement; or
2-3 (4) in a position, other than as a substitute, on no
2-4 more than a one-half time basis for no more than 90 days in the
2-5 school year, if the retiree is a disability retiree.
2-6 (b) Working <as a substitute> any portion of a day counts as
2-7 working a full day for the purposes of Subsection (a)(1) or (a)(4).
2-8 (c) Working any portion of a month counts as working a full
2-9 month for the purposes of Subsection (a)(3).
2-10 (d) A retiree who has elected to avoid loss of monthly
2-11 benefits in a school year pursuant to Subsection (a)(3) is not
2-12 eligible during that school year for any other exceptions to loss
2-13 of benefits provided in this section. If a retiree elects the
2-14 exemption provided in Subsection (a)(3) for a school year, the
2-15 retirement system must include any previous employment during the
2-16 school year, including any employment that relied upon the
2-17 exemptions in Subsection (a)(1) or (a)(2), in determining whether
2-18 and when the retiree has exceeded six months of employment in the
2-19 school year.
2-20 (e) A retiree working as a substitute in a month is not
2-21 eligible for an exception to a loss of benefits for that month
2-22 pursuant to Subsection (a)(2) or (a)(4) for that or any other
2-23 employment in a public educational institution.
2-24 (f) The retirement system shall include any employment
2-25 during the school year, including any employment that relied on the
2-26 exemption provided by Subsection (a)(1) or (a)(4), in determining
2-27 whether and when a disability retiree has exceeded 90 days of
3-1 employment in the school year.
3-2 (g) The exceptions provided by Subsections (a)(2) and (a)(3)
3-3 do not apply to disability retirees. The retirement system
3-4 nevertheless may not withhold a monthly benefit payment under
3-5 Section 824.601 if:
3-6 (1) a disability retiree is employed in a Texas public
3-7 educational institution in a position, other than as a substitute,
3-8 for a period not to exceed three consecutive months of the school
3-9 year;
3-10 (2) the work occurs in a period, designated by the
3-11 disability retiree, of no more than three consecutive months of a
3-12 school year;
3-13 (3) the disability retiree executes on a form and at a
3-14 time prescribed by the retirement system a written election to have
3-15 this exception apply on a one-time trial basis in determining
3-16 whether benefits are to be suspended for the months of employment
3-17 after retirement and in determining whether a disability retiree is
3-18 no longer mentally or physically incapacitated for the performance
3-19 of duty; and
3-20 (4) the disability retiree has not previously elected
3-21 to avoid loss of monthly benefits in a school year under this
3-22 subsection.
3-23 (h) <(g)> A disability retiree is not entitled to service
3-24 credit for service during a trial period under Subsection (g) <(f)>
3-25 if the retiree is restored to active service.
3-26 (i) <(h)> Section 824.005(b), concerning revocation of
3-27 retirement on certain reemployment, applies to employment described
4-1 in Subsection (a) or (g) <(f)>.
4-2 (j) <(i)> The board of trustees shall adopt rules governing
4-3 the employment of a substitute and defining "one-half time basis."
4-4 (k) <(j)> The actuary designated by the board of trustees
4-5 shall, in investigating the experience of the members of the
4-6 system, note any significant increase in early age retirements and
4-7 determine the extent to which any increase has been caused by the
4-8 exception to loss of benefits for employment after retirement
4-9 provided by Subsection (a)(3). If the actuary certifies in writing
4-10 to the retirement system that sound actuarial funding of the
4-11 retirement system's benefits is endangered by continuation of this
4-12 exception, the board of trustees may determine that no further
4-13 elections of the exception will be accepted from retirees, other
4-14 than from those who have previously relied on the exception in
4-15 retiring under this subtitle. A retiree may be considered to have
4-16 relied on this exception only if retirement occurred on or after
4-17 May 31, 1985, but before the date the board of trustees
4-18 acknowledges receipt of such certification and if the retiree has
4-19 first elected to receive benefits under the exception not later
4-20 than two years after the retiree's effective date of retirement.
4-21 SECTION 2. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended,
4-26 and that this Act take effect and be in force from and after its
4-27 passage, and it is so enacted.