C.S.H.B. 3237 78(R)    BILL ANALYSIS


C.S.H.B. 3237
By: Smith, Todd
Pensions & Investments
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently a retiree of the Teachers Retirement System of Texas may
return-to-work without losing monthly benefits as long as they stay within
the following guidelines:  they return as a substitute only if the
employment does not exceed a total of 90 days in a school year;  they work
in a position other than as a substitute on no more than a one-half time
basis; they work in one or more positions on as much as a fulltime basis,
if the work occurs in not more than six months of a school year that
begins after the retiree's effective date of retirement;  they work in a
position other than as a substitute on no more than one-half time basis
for no more than 90 days in the school year if the retiree is a disability
retiree; they work in a position as a classroom teacher on as much as a
full-time basis, if the retiree has retired under Section 824.202 (A), is
certified under Subchapter B, Chapter 21, Education Code, to teach
subjects assigned, is teaching in an acute shortage area and has been
separated from service with all public schools for at least 12 months;
they work in a position as a principal or assistant principal, on as much
as a full -time basis if the retiree has retired under Section 824.202(A);
they work as a bus driver for a school district on as much as a full time
basis if retired under 824.202(a).  Statute does not allow for retirees to
return to work in one or more of these positions within the same month. 

CSHB 3237 allows for a retiree to return-to-work in any combination of
positions listed in this Subsection as long as the total number of hours
worked in a calendar month does not exceed one-half time employment for
that month.  

RULEMAKING AUTHORITY

It is the opinion of this committee that this bill does not expressly
delegate additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

SECTION 1.  Amends Section 824.602, Government code Subsection (e) and
adds Subsections (n) and (o) as follows: 

(e)  States that except as provided by Subsections (n) and (0) the
exception provided by Subsection (a) does not apply to a retiree working
as a substitute under Subsection (a) (1) who also works in another
position described by Subsection (a) in the same month. 

(n)  States that the exception provided by Subsection (a) applies to a
retiree employed in positions under Subsections (a) (1) and (a) (2) in the
same month only if the total number of days that the retiree works in
those positions in that month do not exceed the number of days per month
for work on a one-half-time basis. 

(o)  Provides that the exception in Subsection (a) applies to a disability
retriee employed in positions under Subsections (a) (1) and (a) (4) in the
same month only if the total number of days that the disability retiree
works in those positions in that month do not exceed the number of days
per month for work on a one-half-time basis. 

 SECTION 2.  Section 824.602, Government Code, as amended by the Act
applies beginning with the 2003-2004 school year. 

SECTION 3.  Provides that this bill takes effect upon passage or if the
Act does not receive the necessary vote, the Act takes effect on September
1, 2003. 

EFFECTIVE DATE

Upon passage or if the Act does not receive the necessary vote, the Act
takes effect on September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill is not a Legislative Council draft, whereas, the
Substitute is a Legislative Council draft.  The Substitute accomplishes
the same purpose as the original, but affects a different section.  The
original bill affected Government Code Section 824.602 (a) by adding
824.602 (a) (7), the Substitute  amends Section 824.602 Subsection (e) and
adds Subsections (n) and (o).