S.B. No. 288
 
 
 
 
AN ACT
  relating to preventing the loss of benefits of and the payment of
  certain employer contributions for 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, Government Code, is amended by
  amending Subsection (b) and adding Subsection (b-3) to read as
  follows:
         (b)  Except as provided by Subsection (b-1) or Section
  824.602 and subject to Subsection (b-2) and, if applicable,
  Subsection (b-3), a retiree is not entitled to service or
  disability retirement benefit payments, as applicable, for any
  month in which the retiree is employed in any position by a Texas
  public educational institution.
         (b-3)  A retiree under Section 824.202 is subject to
  Subsection (b) only if the retirement system first issues the
  following notices to the retiree: 
               (1)  with respect to the first occurrence of the
  retiree's employment that does not qualify for an exception under
  Section 824.602, the system issued a written warning notifying the
  retiree of that fact; and
               (2)  in a month following the month in which the system
  issued the warning described by Subdivision (1) and with respect to
  a subsequent occurrence of the retiree's continued employment that
  does not qualify for an exception under Section 824.602, the system
  issued a written notice: 
                     (A)  warning the retiree of the fact described by
  this subdivision; and
                     (B)  requiring the retiree to pay to the system,
  in a form and manner prescribed by the system, an amount, as elected
  by the retiree, that equals the total sum the retiree:
                           (i)  earned for all employment by Texas
  public educational institutions for each month occurring after the
  issuance of the warning under Subdivision (1) for which the retiree
  did not qualify for an exception under Section 824.602 and before
  the month the system issued the written notice described by this
  subdivision; or
                           (ii)  received in retirement benefit
  payments for each month occurring after the issuance of the warning
  under Subdivision (1) for which the retiree did not qualify for an
  exception under Section 824.602 and before the month the system
  issued the written notice described by this subdivision.
         SECTION 2.  Subchapter G, Chapter 824, Government Code, is
  amended by adding Section 824.6021 to read as follows:
         Sec. 824.6021.  TEMPORARY EXCEPTION TO MITIGATE LEARNING
  LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC. (a) Subject to 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, other than an institution of
  higher education, in a position performing duties related to the
  mitigation of student learning loss attributable to the coronavirus
  disease (COVID-19) pandemic, if the position:
               (1)  is in addition to the normal staffing level at the
  Texas public educational institution;
               (2)  is funded wholly by federal funds provided under
  federal law enacted for the purpose of providing relief related to
  the coronavirus disease (COVID-19) pandemic, including the
  Coronavirus Aid, Relief, and Economic Security (CARES) Act (15
  U.S.C. Section 9001 et seq.), Coronavirus Response and Relief
  Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No.
  116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2);
  and
               (3)  ends on or before December 31, 2024.
         (b)  The exception provided by this section:
               (1)  is in addition to the exceptions otherwise
  provided by Sections 824.601 and 824.602; and
               (2)  does not apply to disability retirees.
         (c)  This section expires February 1, 2025.
         SECTION 3.  Section 825.308, Government Code, is amended to
  read as follows:
         Sec. 825.308.  STATE CONTRIBUTION ACCOUNT. The retirement
  system shall deposit in the state contribution account:
               (1)  all state contributions to the retirement system
  required by Section 825.404;
               (2)  amounts from the interest account as provided by
  Section 825.313(b)(2);
               (3)  retirement annuities waived or forfeited in
  accordance with Section 824.601 or 824.004;
               (3-a)  retiree earnings described by Section
  824.601(b-3)(2)(B)(i) that have been paid to the system;
               (4)  fees collected under Section 825.403(h);
               (5)  fees and interest for reinstatement of service
  credit or establishment of membership service credit as provided by
  Section 823.501;
               (6)  the portion of a deposit required by Section
  823.302 to establish military service credit that represents a fee;
  and
               (7)  employer contributions required under Section
  825.4092.
         SECTION 4.  Section 825.4092, Government Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  Notwithstanding any other provision of this section,
  the amounts required to be paid under Subsections (b) and (c) are
  not required to be paid by a reporting employer for a retiree who
  retired from the retirement system on or after September 1, 2005,
  and is employed in a position described by Section 824.6021(a).
  This subsection expires February 1, 2025.
         SECTION 5.  Section 824.601, Government Code, as amended by
  this Act, applies only to the employment of a retiree of the Teacher
  Retirement System of Texas on or after the effective date of this
  Act.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the Teacher Retirement System of Texas shall adopt
  rules as necessary to implement Section 824.601, Government Code,
  as amended by this Act.
         SECTION 7.  Section 825.4092, Government Code, as amended by
  this Act, applies beginning with the 2021-2022 school year.
         SECTION 8.  This Act takes effect September 1, 2021.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 288 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0;
  May 25, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27,  2021,
  House granted request of the Senate; May 29, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 288 passed the House, with
  amendments, on May 24, 2021, by the following vote:  Yeas 146,
  Nays 0, one present not voting; May 27, 2021, House granted request
  of the Senate for appointment of Conference Committee;
  May 29, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 138, Nays 1, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor