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.