34 Tex. Admin. Code § 31.13 - One-Half Time Employment
(a) A retiree
may be employed by a Texas public educational institution in any position,
other than as a substitute, on as much as a one-half time basis without
forfeiting annuity payments for the applicable months of employment. In this
section, one-half time basis means no more than 92 hours in a calendar month.
The total number of hours allowed for that month may be worked in any
arrangement or schedule.
(b) Paid
time-off, including sick leave, vacation leave, administrative leave, and
compensatory time for overtime worked, is employment for purposes of this
section and must be included in determining the total amount of time worked in
a calendar month and reported to TRS as employment for the calendar month in
which it is taken.
(c) For the
purpose of this section, employment as an instructor for actual course or lab
instruction with an institution of higher education (including community and
junior colleges and online coursework) in classes taken by students for college
credit or classes that are taken to prepare students for college level work
shall be counted as a minimum of two clock hours for each clock hour of
instruction or time in the classroom or lab in order to reflect instructional
time as well as preparation, grading, and other time typically associated with
one hour of instruction. If the employer has established a greater amount of
preparation time for each hour in the classroom or lab, the employer's
established standard will be used to determine the number of courses or labs a
retiree may teach under the exception to loss of annuity provided by this
section. The equivalent clock hours computed under this subsection must be
equal to or less than the number of work hours authorized in subsection (a) of
this section for the retiree to be considered as working on a one-half time
basis.
(d) Employment as an
instructor of continuing education, adult education, or classes offered to
employers or businesses for employee training, that is not measured or
expressed in terms of the number of courses; semester or course hours/credits;
or instructional units or other units of time rather than clock hours and for
which the students or participants do not receive college credit, must be
counted based on the number of clock hours worked.
(e) A disability retiree may not be employed
on as much as a one-half time basis under this section for more than 90 days in
a school year. A disability retiree who works more than 90 days on as much as
one-half time basis under this section shall forfeit the disability retiree's
annuity for the month during which the disability retiree exceeded 90 days and
in each subsequent month during the same school year that the disability
retiree is employed by a Texas public educational.
(f) For the purposes of calculating the
number of days worked by a disability retiree has worked during a school year
under this section, working any part of a day counts as working the entire
day.
Notes
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