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A BILL TO BE ENTITLED
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AN ACT
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relating to preventing the loss of benefits by certain retirees of |
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the Teacher Retirement System of Texas who resume service. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 824.601(b-1), Government Code, is |
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amended to read as follows: |
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(b-1) Subsection (b) does not apply to a retiree under |
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Section 824.202 whose effective date of retirement is on or before |
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August 31, 2018 [January 1, 2011]. |
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SECTION 2. Section 824.602, Government Code, is amended by |
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amending Subsections (a) and (j) and adding Subsection (c) to read |
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as follows: |
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(a) Subject to Subsection (c) and Section 825.506, the |
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retirement system may not, under Section 824.601, withhold a |
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monthly benefit payment if the retiree is employed in a Texas public |
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educational institution: |
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(1) as a substitute only with pay not more than the |
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daily rate of substitute pay established by the employer and, if the |
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retiree is a disability retiree, the employment has not exceeded a |
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total of 90 days in the school year; |
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(2) in a position, other than as a substitute, on no |
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more than a one-half time basis for the month; |
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(3) in one or more positions on as much as a full-time |
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basis, if the retiree has been separated from service with all Texas |
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public educational institutions for at least 12 full consecutive |
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months after the retiree's effective date of retirement; or |
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(4) in a position, other than as a substitute, on no |
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more than a one-half time basis for no more than 90 days in the |
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school year, if the retiree is a disability retiree. |
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(c) Except as provided by this subsection, an exception |
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provided by Subsection (a)(2) or (4) continues to apply to a retiree |
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who exceeds a limitation prescribed by that subsection because of |
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an exigent event that is beyond the retiree's control, including a |
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weather-related event. If the system applies this subsection to a |
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retiree: |
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(1) the system shall: |
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(A) immediately notify the retiree and the Texas |
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public educational institution employing the retiree |
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that the |
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retiree exceeded a limitation provided by Subsection (a)(2) or (4), |
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as applicable; and |
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(B) if appropriate, provide to the retiree a |
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30-day period from the date notice is received by the retiree in |
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which the retiree may take corrective action to avoid exceeding the |
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limitation again in the future, as prescribed by the retirement |
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system; and |
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(2) the retiree shall, in the manner prescribed by the |
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system: |
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(A) return to the system the prorated amount of |
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the monthly benefit payment received by the retiree that is |
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attributable to the period in which the retiree exceeded the |
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limitation provided by Subsection (a)(2) or (4), as applicable; or |
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(B) pay to the system the difference between the |
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actual hours for which the retiree was compensated and the hours |
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permitted under Subsection (a)(2) or (4), as applicable. |
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(j) The board of trustees shall adopt rules: |
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(1) governing the employment of a substitute; |
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(2) [and] defining "one-half time basis"; and |
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(3) implementing Subsection (c), as necessary.["] |
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SECTION 3. Section 824.602, Government Code, as amended by |
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this Act, applies only to a benefit payment made by the Teacher |
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Retirement System of Texas that becomes payable on or after the |
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effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |