34 Tex. Admin. Code § 31.18 - Combining EAR Exceptions

(a) If, during a calendar month, a retiree works in a position subject to more than one exception under this subchapter or in multiple positions subject to different exceptions under this subchapter and the retiree does not qualify for the twelve-month separation exception under § 31.14 of this title (relating to Full-time Employment after 12 Consecutive Month Break in Service), TRS shall use the following standards to determine whether the retiree's employment still meets the requirements of each applicable exception or if the retiree is subject to § 31.4 of this title (Employment Resulting in Forfeiture of Retirement Annuity) based on that employment.

(b) If a retiree combines substitute service under § 31.12 of this title (relating to Substitute Service) with one-half time employment under § 31.13 of this title (relating to One-half Time Employment) in a calendar month and the retiree's employment in either position does not qualify for any other exceptions under this subchapter, then the retiree may not work more than 11 days combined during that month in the two or more positions.

(c) If, during a calendar month, a retiree works in more than one position and each qualifies as one-half time employment under § 31.13 of this title and the retiree's employment in either position does not qualify for any other exceptions under this subchapter, then the retiree may not work more than 92 total hours in the combined positions.

(d) If a disability retiree combines substitute service under § 31.12 of this title, one-half time employment under § 31.13 of this title, or employment as a tutor under § 31.15 of this title (relating to Tutors under Education Code § 33.913) in a school year, each day worked under any of those three exceptions counts toward the maximum of 90 days that a disability retiree may work under any of the exceptions so that a disability retiree may never work more than a total of 90 days combined under the three exceptions.

(e) If, during a calendar month, a retiree works more than one-half time in a position that qualifies for the tutor exception under § 31.15 of this title, then the retiree may not work in any other position for a Texas public educational institution without being subject to the forfeiture requirements of § 31.4 of this title unless:

(1) the other position qualifies as substitute service and all the retiree's employment under the tutor exception under § 31.15 of this title also qualifies as substitute service; or

(2) the other position qualifies for the tutor exception under § 31.15 of this title or the COVID-19 position exception under § 31.16 of this title (relating to Federally-funded COVID-19 Personnel).

(f) If, during a calendar month, a retiree works in a position that qualifies as substitute or as one-half time or less employment and that position also qualifies for the tutor exception under § 31.15 of this title, then the retiree may combine work in that position with any other work that qualifies under the substitute exception under § 31.12 of this title and one-half time employment under § 31.13 of this title provided the retiree's combined work during the calendar month does not exceed the limits provided by subsection (b) and (c) of this section, as applicable.

(g) If, during a calendar month, a service retiree combines the federally-funded COVID-19 position exception under § 31.16 of this title with employment under any other exception under this subchapter, then the service retiree's employment under the federally-funded COVID-19 position exception shall be accounted for separately from the service retiree's employment under any other exception under this subchapter. Hours or days worked under the federally-funded COVID-19 exception do not count toward or impact a retiree's employment under any other exception under this subchapter.

(h) A service retiree employed under the twelve-month separation exception under § 31.14 of this title may be employed up to full-time by one or more Texas public educational institutions in one or more positions without limit under this section.

(i) If, during a calendar month, a retiree's position qualifies for more than one exception under this subchapter other than the federally-funded COVID-19 exception under § 31.16 of this title, the retiree's position shall be subject to all monthly limits on that position under all applicable exceptions. If the limit under the applicable exceptions conflict or if one exception is more restrictive than the other, the least restrictive exception on a retiree's employment after retirement shall apply. If a service retiree's employment qualifies for the federally-funded COVID-19 exception under § 31.16 of this title, it shall only be subject to the requirements of that section.

(j) For the purposes of this section, a retiree who works part of a day is considered to have worked the entire day.

Notes

34 Tex. Admin. Code § 31.18

Adopted by Texas Register, Volume 46, Number 41, October 8, 2021, TexReg 6942, eff. 11/1/2021