87R2766 JCG-D
 
  By: Seliger S.B. No. 288
 
 
 
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 824.602, Government Code, is amended by
  amending Subsection (a) and adding Subsections (c), (d), and (d-1)
  to read as follows:
         (a)  Subject to Subsections (c), (d), and (d-1) 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)  Subject to Section 825.506, with respect to a retiree
  who is employed by a Texas public educational institution in excess
  of a limitation on employment provided by Subsection (a), the
  retirement system may not withhold a monthly benefit payment under
  Section 824.601 and shall provide a written warning regarding the
  consequences of further employment that exceeds those limitations.
         (d)  If the retirement system determines that a retiree,
  after receipt of a warning under Subsection (c), is employed in a
  manner that exceeds a limitation on employment provided by
  Subsection (a), the system shall provide notice of that
  determination to the retiree and require the retiree, in the manner
  prescribed by the system, to:
               (1)  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); or
               (2)  pay to the system the difference between the
  actual hours or days for which the retiree was compensated and the
  hours or days permitted under Subsection (a).
         (d-1)  If the retirement system determines that a retiree,
  after receipt of a notice under Subsection (d), is employed in a
  manner that exceeds a limitation on employment provided by
  Subsection (a), the system may withhold a monthly benefit payment
  under Section 824.601.
         SECTION 2.  Section 824.602, 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 824.602, Government Code,
  as amended by this Act.
         SECTION 4.  This Act takes effect September 1, 2021.