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A BILL TO BE ENTITLED
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AN ACT
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relating to the break-in service period for certain retirees |
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preventing the loss of benefits and the state making payments for |
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certain retirees of the Teacher Retirement System of Texas who |
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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(b-2), Government Code, is |
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amended to read as follows: |
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(b-2) A retiree is considered to be employed by a Texas |
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public educational institution for purposes of Subsection (b) if |
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the retiree performs duties or provides services for or on behalf of |
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the institution that an employee of the institution would otherwise |
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perform or provide and: |
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(1) the retiree waives, defers, or forgoes |
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compensation from the institution for the performance of the duties |
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or provision of the services at any time during the 90 [12] |
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consecutive calendar days [months] after the retiree's effective |
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date of retirement, notwithstanding any other law, including |
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Sections 824.602(a)(1), (a)(2), and (a)(4); |
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(2) the retiree performs the duties or provides the |
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services for or on behalf of the institution as an independent |
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contractor at any time during the 90 [12] consecutive calendar days |
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[months] after the retiree's effective date of retirement; or |
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(3) the retiree, as a volunteer without compensation, |
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performs the same duties or provides the same services for an |
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institution that the retiree performed or provided immediately |
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before retiring and the retiree has an agreement to perform those |
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duties or provide those services after the 90 [12] consecutive |
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calendar days [months] after the retiree's effective date of |
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retirement. |
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SECTION 2. Section 824.602(a), Government Code, is amended |
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to read as follows: |
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(a) Subject to Section 825.506, the retirement system may |
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not, under Section 824.601, withhold a monthly benefit payment if |
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the retiree is employed in a 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 90 days [12 full |
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consecutive months] after the retiree's effective date of |
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retirement; |
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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; or |
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(5) as a tutor under Section 33.913, Education Code. |
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SECTION 3. Sections 824.601 and 824.602, Government Code, |
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as amended by this Act, apply only to the employment of a retiree of |
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the Teacher Retirement System of Texas on or after the effective |
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date of this Act. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2023. |