1-1 By: Delisi, et al. (Senate Sponsor - West) H.B. No. 1702
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on State
1-4 Affairs; May 10, 1999, rereferred to Committee on Education;
1-5 May 14, 1999, reported favorably by the following vote: Yeas 6,
1-6 Nays 0; May 14, 1999, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to loss of benefits by a retiree of the Teacher Retirement
1-10 System of Texas who resumes teaching.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 824.602(a), Government Code, is amended
1-13 to read as follows:
1-14 (a) Subject to Section 825.506, the [The] retirement system
1-15 may not, under Section 824.601, withhold a monthly benefit payment
1-16 if the retiree is employed in a Texas public educational
1-17 institution:
1-18 (1) as a substitute only with pay not more than the
1-19 daily rate of substitute pay established by the employer and, if
1-20 the retiree is a disability retiree, the employment has not
1-21 exceeded a total of 90 days in the school year;
1-22 (2) in a position, other than as a substitute, on no
1-23 more than a one-half time basis for the month;
1-24 (3) in one or more positions on as much as a full-time
1-25 basis, if:
1-26 (A) the work occurs in a school year that begins
1-27 after the retiree's effective date of retirement;
1-28 (B) the work occurs in no more than six months
1-29 of the school year; and
1-30 (C) the retiree executes on a form and within
1-31 any deadline prescribed by the retirement system a written election
1-32 to have this exception apply for the school year in determining
1-33 whether benefits are to be suspended for employment after
1-34 retirement; [or]
1-35 (4) in a position, other than as a substitute, on no
1-36 more than a one-half time basis for no more than 90 days in the
1-37 school year, if the retiree is a disability retiree; or
1-38 (5) in a position as a classroom teacher on as much as
1-39 a full-time basis, if the retiree has retired under Section
1-40 824.202(a) without reduction for retirement at an early age, is
1-41 certified under Subchapter B, Chapter 21, Education Code, to teach
1-42 the subjects assigned, is teaching in an acute shortage area as
1-43 defined by the commissioner of education, and has been separated
1-44 from service with all public schools for at least 12 months.
1-45 SECTION 2. This Act applies beginning with the 1999-2000
1-46 school year.
1-47 SECTION 3. The importance of this legislation and the
1-48 crowded condition of the calendars in both houses create an
1-49 emergency and an imperative public necessity that the
1-50 constitutional rule requiring bills to be read on three several
1-51 days in each house be suspended, and this rule is hereby suspended,
1-52 and that this Act take effect and be in force from and after its
1-53 passage, and it is so enacted.
1-54 * * * * *