SECTION 31.4. Employment Resulting in Forfeiture of Retirement Annuity

(a) A service retiree with an effective date of retirement prior to January 1, 2021, may be employed in any capacity in Texas public education without forfeiture of benefits for the months of employment.

(b) A service retiree with an effective date of retirement after January 1, 2021, is subject to the forfeiture requirements of §31.5 of this title (relating to Notice and Forfeiture Requirements for Certain Service Retirees) for any month in which the retiree is employed by a Texas public educational institution unless the employment qualifies for an exception under Subchapter B of this chapter (relating to Employment After Retirement Exceptions).

(c) Disability retirees, regardless of their effective date of retirement, are not entitled to an annuity payment for any month in which the retiree is employed by a Texas public educational institution unless the employment qualifies for an exception under Subchapter B of this chapter.

(d) A retiree may be employed in private schools, public schools in other states, in private business, or in other entities that are not TRS-covered employers without forfeiting their annuities unless any of these entities also qualify as a third-party entities for the purposes of this chapter.

(e) This chapter applies only to persons retired under TRS. It does not apply to persons retired under other retirement or pension systems.

Source Note: The provisions of this §31.4 adopted to be effective November 1, 2021, 46 TexReg 6940