By: Seliger, et al. S.B. No. 288
 
  (Wu, Anchia, Dean, Ordaz Perez, Allen)
 
   
 
 
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, 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 (b-3) or
  Section 824.602 and subject to Subsection (b-2), 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)  The retirement system may not under this section
  withhold a monthly benefit payment for a retiree who retired under
  Section 824.202 and qualified for an exception under Section
  824.602 unless: 
               (1)  with respect to the first occurrence of the
  retiree's employment that does not qualify for the 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 the exception under Section 824.602, the
  system issued a written notice: 
                     (A)  warning the retiree of the fact described by
  Subdivision (2); and
                     (B)  requiring the retiree to pay to the system,
  in a form and manner prescribed by the system, an amount 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) and before the month
  the system began withholding benefit payments under this section;
  or
                           (ii)  received in retirement benefit
  payments for each month occurring after the issuance of the warning
  under Subdivision (1) and before the month the system began
  withholding benefit payments under this section. 
         SECTION 2.  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 3.  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 4.  This Act takes effect September 1, 2021.