The exceptions to forfeiture of annuities provided in this chapter apply only to persons who have effectively retired by ending all employment as described in Government Code, §824.002 and §29.15 of this title (relating to Termination of Employment) and who do not revoke retirement by becoming employed in any position by Texas public educational institutions in the month immediately following the person's effective date of retirement (or in the two months immediately following the person's effective date of retirement if the effective date of retirement is May 31 under §29.14 of this title (relating to Eligibility for Retirement at the End of May)). Employment by a third party entity is considered employment by a Texas public educational institution unless the retiree does not perform duties or provide services on behalf of or for the benefit of the institution or the retiree was first employed by the third party entity before May 24, 2003. A person who has not effectively retired or who revokes retirement because of premature return to employment is not eligible for a retirement annuity and is required to return all annuity or lump sum payments to TRS.

Source Note:The provisions of this §31.3 adopted to be effective March 12, 2003, 28 TexReg 2108; amended to be effective October 30, 2003, 28 TexReg 9288.