Bill Text: TX SB1669 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the resumption of service by retirees under the Teacher Retirement System of Texas.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [SB1669 Detail]
Download: Texas-2011-SB1669-Enrolled.html
S.B. No. 1669 |
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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 [ |
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(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[ |
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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 [ |
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(2) the work occurs in a period, designated by the | ||
disability retiree, of no more than three consecutive months [ |
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(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 [ |
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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 [ |
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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 |