By: Staples S.B. No. 1317
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing certain retirees of the Teacher Retirement
1-3 System of Texas to be employed without losing retirement benefits.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 824.602, Government Code, is amended by
1-6 amending Subsection (a) and adding Subsection (m) to read as
1-7 follows:
1-8 (a) Subject to Section 825.506, the retirement system may
1-9 not, under Section 824.601, withhold a monthly benefit payment if
1-10 the retiree is employed in a Texas public educational institution:
1-11 (1) as a substitute only with pay not more than the
1-12 daily rate of substitute pay established by the employer and, if
1-13 the retiree is a disability retiree, the employment has not
1-14 exceeded a total of 90 days in the school year;
1-15 (2) in a position, other than as a substitute, on no
1-16 more than a one-half time basis for the month;
1-17 (3) in one or more positions on as much as a full-time
1-18 basis, if the work occurs in not more than six months of a school
1-19 year that begins after the retiree's effective date of retirement;
1-20 (4) in a position, other than as a substitute, on no
1-21 more than a one-half time basis for no more than 90 days in the
1-22 school year, if the retiree is a disability retiree; [or]
1-23 (5) in a position as a classroom teacher on as much as
1-24 a full-time basis, if the retiree has retired under Section
1-25 824.202(a) without reduction for retirement at an early age, is
2-1 certified under Subchapter B, Chapter 21, Education Code, to teach
2-2 the subjects assigned and:
2-3 (A) [,] is teaching in an acute shortage area
2-4 as defined by the commissioner of education, and has been separated
2-5 from service with all public schools for at least 12 months; or
2-6 (B) is teaching in a shortage area as defined by
2-7 the school district and has been separated from service with all
2-8 public schools on or before January 1, 2001; or
2-9 (6) in a position other than as a classroom teacher in
2-10 a shortage area as defined by the school district on as much as a
2-11 full-time basis, if the retiree has retired under Section
2-12 824.202(a) without reduction for retirement at an early age and has
2-13 been separated from service with all public schools on or before
2-14 January 1, 2001.
2-15 (m) A reference to a substitute in this section does not
2-16 include a substitute superintendent of a school district.
2-17 SECTION 2. Section 824.602, Government Code, as amended by
2-18 this Act, applies beginning with the 2001-2002 school year.
2-19 SECTION 3. This Act takes effect immediately if it receives
2-20 a vote of two-thirds of all the members elected to each house, as
2-21 provided by Section 39, Article III, Texas Constitution. If this
2-22 Act does not receive the vote necessary for immediate effect, this
2-23 Act takes effect September 1, 2001.