86R28097 TSR-D
 
  By: Wu, Craddick, White, Landgraf, H.B. No. 2227
      Capriglione
 
  Substitute the following for H.B. No. 2227:
 
  By:  Longoria C.S.H.B. No. 2227
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to preventing the loss of benefits by certain retirees of
  the Teacher Retirement System of Texas who resume service.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 824.601(b-1), Government Code, is
  amended to read as follows:
         (b-1)  Subsection (b) does not apply to a retiree under
  Section 824.202 whose effective date of retirement is on or before
  August 31, 2018 [January 1, 2011].
         SECTION 2.  Section 824.602, Government Code, is amended by
  amending Subsections (a) and (j) and adding Subsection (c) to read
  as follows:
         (a)  Subject to Subsection (c) and Section 825.506, the
  retirement system may not, under Section 824.601, withhold a
  monthly benefit payment if the retiree is employed in a Texas public
  educational institution:
               (1)  as a substitute only with pay not more than the
  daily rate of substitute pay established by the employer and, if the
  retiree is a disability retiree, the employment has not exceeded a
  total of 90 days in the school year;
               (2)  in a position, other than as a substitute, on no
  more than a one-half time basis for the month;
               (3)  in one or more positions on as much as a full-time
  basis, if the retiree has been separated from service with all Texas
  public educational institutions for at least 12 full consecutive
  months after the retiree's effective date of retirement; or
               (4)  in a position, other than as a substitute, on no
  more than a one-half time basis for no more than 90 days in the
  school year, if the retiree is a disability retiree.
         (c)  Except as provided by this subsection, an exception
  provided by Subsection (a)(2) or (4) continues to apply to a retiree
  who exceeds a limitation prescribed by that subsection because of
  an exigent event that is beyond the retiree's control, including a
  weather-related event. If the system applies this subsection to a
  retiree:
               (1)  the system shall:
                     (A)  immediately notify the retiree that the
  retiree exceeded a limitation provided by Subsection (a)(2) or (4),
  as applicable; and
                     (B)  if appropriate, provide to the retiree a
  30-day period from the date notice is received by the retiree in
  which the retiree may take corrective action to avoid exceeding the
  limitation again in the future, as prescribed by the retirement
  system; and
               (2)  the retiree shall, in the manner prescribed by the
  system:
                     (A)  return to the system the prorated amount of
  the monthly benefit payment received by the retiree that is
  attributable to the period in which the retiree exceeded the
  limitation provided by Subsection (a)(2) or (4), as applicable; or
                     (B)  pay to the system the difference between the
  actual hours for which the retiree was compensated and the hours
  permitted under Subsection (a)(2) or (4), as applicable.
         (j)  The board of trustees shall adopt rules:
               (1)  governing the employment of a substitute;
               (2)  [and] defining "one-half time basis"; and
               (3)  implementing Subsection (c), as necessary.["]
         SECTION 3.  Section 824.602, Government Code, as amended by
  this Act, applies only to a benefit payment made by the Teacher
  Retirement System of Texas that becomes payable on or after the
  effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.