Bill Text: TX SB288 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to preventing the loss of benefits of and the payment of certain employer contributions for certain retirees of the Teacher Retirement System of Texas who resume service.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective on 9/1/21 [SB288 Detail]
Download: Texas-2021-SB288-Enrolled.html
S.B. No. 288 |
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relating to preventing the loss of benefits of and the payment of | ||
certain employer contributions for 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, Government Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-3) to read as | ||
follows: | ||
(b) Except as provided by Subsection (b-1) or Section | ||
824.602 and subject to Subsection (b-2) and, if applicable, | ||
Subsection (b-3), 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-3) A retiree under Section 824.202 is subject to | ||
Subsection (b) only if the retirement system first issues the | ||
following notices to the retiree: | ||
(1) with respect to the first occurrence of the | ||
retiree's employment that does not qualify for an exception under | ||
Section 824.602, the system issued a written warning notifying the | ||
retiree of that fact; and | ||
(2) in a month following the month in which the system | ||
issued the warning described by Subdivision (1) and with respect to | ||
a subsequent occurrence of the retiree's continued employment that | ||
does not qualify for an exception under Section 824.602, the system | ||
issued a written notice: | ||
(A) warning the retiree of the fact described by | ||
this subdivision; and | ||
(B) requiring the retiree to pay to the system, | ||
in a form and manner prescribed by the system, an amount, as elected | ||
by the retiree, that equals the total sum the retiree: | ||
(i) earned for all employment by Texas | ||
public educational institutions for each month occurring after the | ||
issuance of the warning under Subdivision (1) for which the retiree | ||
did not qualify for an exception under Section 824.602 and before | ||
the month the system issued the written notice described by this | ||
subdivision; or | ||
(ii) received in retirement benefit | ||
payments for each month occurring after the issuance of the warning | ||
under Subdivision (1) for which the retiree did not qualify for an | ||
exception under Section 824.602 and before the month the system | ||
issued the written notice described by this subdivision. | ||
SECTION 2. Subchapter G, Chapter 824, Government Code, is | ||
amended by adding Section 824.6021 to read as follows: | ||
Sec. 824.6021. TEMPORARY EXCEPTION TO MITIGATE LEARNING | ||
LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC. (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, other than an institution of | ||
higher education, in a position performing duties related to the | ||
mitigation of student learning loss attributable to the coronavirus | ||
disease (COVID-19) pandemic, if the position: | ||
(1) is in addition to the normal staffing level at the | ||
Texas public educational institution; | ||
(2) is funded wholly by federal funds provided under | ||
federal law enacted for the purpose of providing relief related to | ||
the coronavirus disease (COVID-19) pandemic, including the | ||
Coronavirus Aid, Relief, and Economic Security (CARES) Act (15 | ||
U.S.C. Section 9001 et seq.), Coronavirus Response and Relief | ||
Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. | ||
116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2); | ||
and | ||
(3) ends on or before December 31, 2024. | ||
(b) The exception provided by this section: | ||
(1) is in addition to the exceptions otherwise | ||
provided by Sections 824.601 and 824.602; and | ||
(2) does not apply to disability retirees. | ||
(c) This section expires February 1, 2025. | ||
SECTION 3. Section 825.308, Government Code, is amended to | ||
read as follows: | ||
Sec. 825.308. STATE CONTRIBUTION ACCOUNT. The retirement | ||
system shall deposit in the state contribution account: | ||
(1) all state contributions to the retirement system | ||
required by Section 825.404; | ||
(2) amounts from the interest account as provided by | ||
Section 825.313(b)(2); | ||
(3) retirement annuities waived or forfeited in | ||
accordance with Section 824.601 or 824.004; | ||
(3-a) retiree earnings described by Section | ||
824.601(b-3)(2)(B)(i) that have been paid to the system; | ||
(4) fees collected under Section 825.403(h); | ||
(5) fees and interest for reinstatement of service | ||
credit or establishment of membership service credit as provided by | ||
Section 823.501; | ||
(6) the portion of a deposit required by Section | ||
823.302 to establish military service credit that represents a fee; | ||
and | ||
(7) employer contributions required under Section | ||
825.4092. | ||
SECTION 4. Section 825.4092, Government Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) Notwithstanding any other provision of this section, | ||
the amounts required to be paid under Subsections (b) and (c) are | ||
not required to be paid by a reporting employer for a retiree who | ||
retired from the retirement system on or after September 1, 2005, | ||
and is employed in a position described by Section 824.6021(a). | ||
This subsection expires February 1, 2025. | ||
SECTION 5. Section 824.601, Government Code, as amended by | ||
this Act, applies only to the employment of a retiree of the Teacher | ||
Retirement System of Texas on or after the effective date of this | ||
Act. | ||
SECTION 6. As soon as practicable after the effective date | ||
of this Act, the Teacher Retirement System of Texas shall adopt | ||
rules as necessary to implement Section 824.601, Government Code, | ||
as amended by this Act. | ||
SECTION 7. Section 825.4092, Government Code, as amended by | ||
this Act, applies beginning with the 2021-2022 school year. | ||
SECTION 8. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 288 passed the Senate on | ||
April 19, 2021, by the following vote: Yeas 31, Nays 0; | ||
May 25, 2021, Senate refused to concur in House amendments and | ||
requested appointment of Conference Committee; May 27, 2021, | ||
House granted request of the Senate; May 29, 2021, Senate adopted | ||
Conference Committee Report by the following vote: Yeas 31, | ||
Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 288 passed the House, with | ||
amendments, on May 24, 2021, by the following vote: Yeas 146, | ||
Nays 0, one present not voting; May 27, 2021, House granted request | ||
of the Senate for appointment of Conference Committee; | ||
May 29, 2021, House adopted Conference Committee Report by the | ||
following vote: Yeas 138, Nays 1, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |