S.B. No. 1669
 
 
 
 
AN ACT
  relating to the resumption of service by retirees under the Teacher
  Retirement System of Texas.
         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-1) to read as
  follows:
         (b)  Except as provided by Subsection (b-1) or Section
  824.602, 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-1)  Subsection (b) does not apply to a retiree under
  Section 824.202 whose effective date of retirement is on or before
  January 1, 2011.
         SECTION 2.  Subsection (a), Section 824.602, Government
  Code, as amended by Chapters 674 (S.B. 132) and 1359 (S.B. 1691),
  Acts of the 79th Legislature, Regular Session, 2005, is reenacted
  and amended to read as follows:
         (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:
               (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 [work occurs in not more than six months of a school year
  that begins] 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[;
               [(5)     in a position as a classroom teacher on as much as
  a full-time basis, if the retiree has retired under Section
  824.202(a) or (a-1), is certified under Subchapter B, Chapter 21,
  Education Code, to teach the subjects assigned, is teaching in an
  acute shortage area as determined by the board of trustees of a
  school district as provided by Subsection (m), and has been
  separated from service with all public schools for at least 12
  months;
               [(6)     in a position as a principal, including as an
  assistant principal, on as much as a full-time basis, if the retiree
  has retired under Section 824.202(a) or (a-1) without reduction for
  retirement at an early age, is certified under Subchapter B,
  Chapter 21, Education Code, to serve as a principal, and has been
  separated from service with all public schools for at least 12
  months;
               [(7)     as a bus driver for a school district on as much
  as a full-time basis, if the retiree has retired under Section
  824.202(a) or (a-1), and the retiree's primary employment is as a
  bus driver; or
               [(8)     as a faculty member, during the period beginning
  with the 2005 fall semester and ending on the last day of the 2015
  spring semester, in an undergraduate professional nursing program
  or graduate professional nursing program, as defined by Section
  54.221, Education Code, and if the retiree has been separated from
  service with all public schools for at least 12 months].
         SECTION 3.  Subsection (g), Section 824.602, Government
  Code, is amended to read as follows:
         (g)  The exceptions provided by Subsections (a)(2) and
  (a)(3) do not apply to disability retirees. The retirement system
  nevertheless may not withhold a monthly benefit payment under
  Section 824.601 if:
               (1)  a disability retiree is employed in a Texas public
  educational institution in a position, other than as a substitute,
  for a period not to exceed three consecutive months [of the school
  year];
               (2)  the work occurs in a period, designated by the
  disability retiree, of no more than three consecutive months [of a
  school year];
               (3)  the disability retiree executes on a form and at a
  time prescribed by the retirement system a written election to have
  this exception apply on a one-time trial basis in determining
  whether benefits are to be suspended for the months of employment
  after retirement and in determining whether a disability retiree is
  no longer mentally or physically incapacitated for the performance
  of duty; and
               (4)  the disability retiree has not previously elected
  to avoid loss of monthly benefits [in a school year] under this
  subsection.
         SECTION 4.  Section 824.603, Government Code, is amended to
  read as follows:
         Sec. 824.603.  EXCLUSION FROM CREDIT. Employment of a
  retiree described by Section 824.601(b-1) or 824.602(a) does not
  entitle the [a] retiree to additional service credit, and the
  retiree so employed is not required to make contributions to the
  system from compensation for that employment.
         SECTION 5.  Subsections (c), (d), (m), (p), and (q), Section
  824.602, Government Code, are repealed.
         SECTION 6.  (a)  A person who resumed employment after
  retirement and whose benefit payments were suspended under Section
  824.601, Government Code, as that section existed before amendment
  by this Act, is entitled to the resumption of monthly benefit
  payments if the person meets the requirements of Section
  824.601(b-1), Government Code, as added by this Act, or Section
  824.602, Government Code, as amended by this Act.
         (b)  The Teacher Retirement System of Texas shall resume
  making monthly benefit payments to a person described by Subsection
  (a) of this section on the first payment date occurring on or after
  the effective date of this Act.
         (c)  A person who is entitled to the resumption of monthly
  benefit payments under this section is not entitled to recover
  benefit payments not made during the period the person's benefit
  was suspended under Section 824.601, Government Code, as that
  section existed before amendment by this Act.
         SECTION 7.  To the extent of any conflict, this Act prevails
  over another Act of the 82nd Legislature, Regular Session, 2011,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1669 passed the Senate on
  April 28, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1669 passed the House on
  May 20, 2011, by the following vote:  Yeas 149, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor