Bill Text: TX HB2227 | 2019-2020 | 86th Legislature | Engrossed
Bill Title: Relating to preventing the loss of benefits by certain retirees of the Teacher Retirement System of Texas who resume service.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-07 - Referred to State Affairs [HB2227 Detail]
Download: Texas-2019-HB2227-Engrossed.html
By: Wu, Craddick, White, Landgraf, | H.B. No. 2227 | |
Capriglione, et al. |
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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 824.601(b-1), Government Code, is | ||
amended to read as follows: | ||
(b-1) Subsection (b) does not apply to a retiree under | ||
Section 824.202 whose effective date of retirement is on or before | ||
August 31, 2018 [ |
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SECTION 2. Section 824.602, Government Code, is amended by | ||
amending Subsections (a) and (j) and adding Subsection (c) to read | ||
as follows: | ||
(a) Subject to Subsection (c) 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) Except as provided by this subsection, an exception | ||
provided by Subsection (a)(2) or (4) continues to apply to a retiree | ||
who exceeds a limitation prescribed by that subsection because of | ||
an exigent event that is beyond the retiree's control, including a | ||
weather-related event. If the system applies this subsection to a | ||
retiree: | ||
(1) the system shall: | ||
(A) immediately notify the retiree and the Texas | ||
public educational institution employing the retiree | ||
that the | ||
retiree exceeded a limitation provided by Subsection (a)(2) or (4), | ||
as applicable; and | ||
(B) if appropriate, provide to the retiree a | ||
30-day period from the date notice is received by the retiree in | ||
which the retiree may take corrective action to avoid exceeding the | ||
limitation again in the future, as prescribed by the retirement | ||
system; and | ||
(2) the retiree shall, in the manner prescribed by the | ||
system: | ||
(A) 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)(2) or (4), as applicable; or | ||
(B) pay to the system the difference between the | ||
actual hours for which the retiree was compensated and the hours | ||
permitted under Subsection (a)(2) or (4), as applicable. | ||
(j) The board of trustees shall adopt rules: | ||
(1) governing the employment of a substitute; | ||
(2) [ |
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(3) implementing Subsection (c), as necessary.[ |
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SECTION 3. Section 824.602, Government Code, as amended by | ||
this Act, applies only to a benefit payment made by the Teacher | ||
Retirement System of Texas that becomes payable on or after the | ||
effective date of this Act. | ||
SECTION 4. This Act takes effect September 1, 2019. |