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