By Staples S.B. No. 1317
77R2667 SMJ-D
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(a), Government Code, is amended
1-6 to read as follows:
1-7 (a) Subject to Section 825.506, 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 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 the work occurs in not more than six months of a school
1-18 year that begins after the retiree's effective date of retirement;
1-19 (4) in a position, other than as a substitute, on no
1-20 more than a one-half time basis for no more than 90 days in the
1-21 school year, if the retiree is a disability retiree; [or]
1-22 (5) in a position as a classroom teacher on as much as
1-23 a full-time basis, if the retiree has retired under Section
1-24 824.202(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, [is teaching in an acute shortage area as
2-3 defined by the commissioner of education,] and has been separated
2-4 from service with all public schools for at least two [12] months;
2-5 or
2-6 (6) in a position other than as a classroom teacher on
2-7 as much as a full-time basis, if the retiree has retired under
2-8 Section 824.202(a) without reduction for retirement at an early age
2-9 and has been separated from service with all public schools for at
2-10 least two months.
2-11 SECTION 2. Section 824.602(a), Government Code, as amended
2-12 by this Act, applies beginning with the 2001-2002 school year.
2-13 SECTION 3. This Act takes effect immediately if it receives
2-14 a vote of two-thirds of all the members elected to each house, as
2-15 provided by Section 39, Article III, Texas Constitution. If this
2-16 Act does not receive the vote necessary for immediate effect, this
2-17 Act takes effect September 1, 2001.