34 Tex. Admin. Code § 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.

Notes

34 Tex. Admin. Code § 31.14

The provisions of this §31.14 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9288; amended to be effective April 4, 2006, 31 TexReg 2871; amended to be effective March 8, 2007, 32 TexReg 1089; amended to be effective April 1, 2011, 36 TexReg 1997; amended to be effective September 1, 2011, 36 TexReg 5376; amended by Texas Register, Volume 39, Number 51, December 19, 2014, TexReg 10027, eff. 12/23/2014; Amended by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9729, eff. 1/1/2016; Amended by Texas Register, Volume 42, Number 45, November 10, 2017, TexReg 6377, eff. 11/14/2017; Adopted by Texas Register, Volume 46, Number 41, October 8, 2021, TexReg 6942, eff. 11/1/2021