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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, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (b-3) to read as |
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follows: |
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(b) Except as provided by Subsection (b-1) or (b-3) or |
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Section 824.602 and subject to Subsection (b-2), a retiree is not |
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entitled to service or disability retirement benefit payments, as |
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applicable, for any month in which the retiree is employed in any |
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position by a Texas public educational institution. |
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(b-3) The retirement system may not under this section |
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withhold a monthly benefit payment for a retiree who retired under |
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Section 824.202 and qualified for an exception under Section |
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824.602 unless: |
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(1) with respect to the first occurrence of the |
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retiree's employment that does not qualify for the exception under |
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Section 824.602, the system issued a written warning notifying the |
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retiree of that fact; and |
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(2) in a month following the month in which the system |
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issued the warning described by Subdivision (1) and with respect to |
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a subsequent occurrence of the retiree's continued employment that |
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does not qualify for the exception under Section 824.602, the |
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system issued a written notice: |
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(A) warning the retiree of the fact described by |
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Subdivision (2); and |
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(B) requiring the retiree to pay to the system, |
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in a form and manner prescribed by the system, an amount elected by |
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the retiree that equals the total sum the retiree: |
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(i) earned for all employment by Texas |
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public educational institutions for each month occurring after the |
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issuance of the warning under Subdivision (1) and before the month |
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the system began withholding benefit payments under this section; |
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or |
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(ii) received in retirement benefit |
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payments for each month occurring after the issuance of the warning |
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under Subdivision (1) and before the month the system began |
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withholding benefit payments under this section. |
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SECTION 2. Section 824.601, Government Code, as amended by |
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this Act, applies only to the employment of a retiree of the Teacher |
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Retirement System of Texas on or after the effective date of this |
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Act. |
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SECTION 3. As soon as practicable after the effective date |
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of this Act, the Teacher Retirement System of Texas shall adopt |
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rules as necessary to implement Section 824.601, Government Code, |
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as amended by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |