By Delisi H.B. No. 1702
76R6443 GCH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to loss of benefits by a retiree of the Teacher Retirement
1-3 System of Texas who resumes teaching.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 824.602(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) The retirement system may not, under Section 824.601,
1-8 withhold a monthly benefit payment if the retiree is employed in a
1-9 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 and, if
1-12 the retiree is a disability retiree, the employment has not
1-13 exceeded a total of 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;
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; or
2-6 (5) in a position as a classroom teacher on as much as
2-7 a full-time basis, if the retiree is certified under Subchapter B,
2-8 Chapter 21, Education Code, to teach the subjects assigned and is
2-9 teaching in an acute shortage area as defined by the commissioner
2-10 of education.
2-11 SECTION 2. This Act applies beginning with the 1999-2000
2-12 school year.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.