SECTION 31.14. Full-time Employment after 12 Consecutive Month Break in Service

(a) A service retiree may be employed in any capacity in Texas public education, including as much as full-time, if the service retiree has been separated from service with all Texas public educational institutions for at least 12 full, consecutive calendar months after the retiree's effective date of retirement. The 12-month separation period may be any 12 consecutive calendar months following the month of retirement.

(b) During the separation period described by subsection (a) of this section, the service retiree may not be employed in any position or capacity by a public educational institution covered by TRS, including in any position or capacity that would qualify for an exception provided for in this subchapter. Paid time off, including sick leave, vacation leave, administrative leave, and compensatory time for overtime worked, is considered employment for purposes of this subsection.

(c) A service retiree who is employed more than one-half time for a Texas public educational institution will be subject to the forfeiture requirements of §31.4 of this title (relating to Employment Resulting in Forfeiture of Retirement Annuity) if the retiree does not meet the separation requirements of this section and the employment does not otherwise qualify for an exception under this subchapter that permits the retiree to work full-time.

(d) The exception under this section does not apply to disability retirees.

Source Note: The provisions of this §31.14 adopted to be effective November 1, 2021, 46 TexReg 6940