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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 824.602, Government Code, is amended by |
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amending Subsection (a) and adding Subsections (c), (d), and (d-1) |
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to read as follows: |
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(a) Subject to Subsections (c), (d), and (d-1) and Section |
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825.506, the retirement system may not, under Section 824.601, |
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withhold a monthly benefit payment if the retiree is employed in a |
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Texas public educational institution: |
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(1) as a substitute only with pay not more than the |
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daily rate of substitute pay established by the employer and, if the |
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retiree is a disability retiree, the employment has not exceeded a |
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total of 90 days in the school year; |
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(2) in a position, other than as a substitute, on no |
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more than a one-half time basis for the month; |
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(3) in one or more positions on as much as a full-time |
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basis, if the retiree has been separated from service with all Texas |
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public educational institutions for at least 12 full consecutive |
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months after the retiree's effective date of retirement; or |
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(4) in a position, other than as a substitute, on no |
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more than a one-half time basis for no more than 90 days in the |
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school year, if the retiree is a disability retiree. |
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(c) Subject to Section 825.506, with respect to a retiree |
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who is employed by a Texas public educational institution in excess |
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of a limitation on employment provided by Subsection (a), the |
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retirement system may not withhold a monthly benefit payment under |
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Section 824.601 and shall provide a written warning regarding the |
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consequences of further employment that exceeds those limitations. |
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(d) If the retirement system determines that a retiree, |
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after receipt of a warning under Subsection (c), is employed in a |
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manner that exceeds a limitation on employment provided by |
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Subsection (a), the system shall provide notice of that |
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determination to the retiree and require the retiree, in the manner |
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prescribed by the system, to: |
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(1) return to the system the prorated amount of the |
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monthly benefit payment received by the retiree that is |
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attributable to the period in which the retiree exceeded the |
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limitation provided by Subsection (a); or |
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(2) pay to the system the difference between the |
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actual hours or days for which the retiree was compensated and the |
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hours or days permitted under Subsection (a). |
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(d-1) If the retirement system determines that a retiree, |
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after receipt of a notice under Subsection (d), is employed in a |
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manner that exceeds a limitation on employment provided by |
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Subsection (a), the system may withhold a monthly benefit payment |
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under Section 824.601. |
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SECTION 2. Section 824.602, 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 824.602, Government Code, |
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as amended by this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |