Any person receiving a service retirement annuity may be employed in a month as a substitute in a public educational institution without affecting the annuity payment for that month, provided that the person's total substitute employment in Texas public education in the school year has not exceeded 120 days, that the person does not have other employment in Texas public education during the month, and that the pay for work as a substitute does not exceed the daily rate of substitute pay established by the employer. A person receiving a disability retirement annuity may be employed as a substitute in a month without affecting the annuity for that month subject to the same conditions as apply to service retirees except that the total substitute employment in the school year may not exceed 90 days. The exception described in this section is not available to persons who have elected the exception described in §31.12 of this title (relating to Employment up to Six Months on as Much as Full Time). The exception described in this section does not apply for the first month after the person's effective date of retirement (or the first two months if the person's retirement date has been set on May 31 under §29.14 of this title (relating to Eligibility for Retirement at the End of May) or under §29.21 of this title (relating to Effective Date for Disability Retirement)).

Source Note:The provisions of this §31.3 adopted to be effective January 1, 1976; amended to be effective September 11, 1977, 2 TexReg 3282; amended to be effective December 4, 1985, 10 TexReg 4538; amended to be effective January 24, 1992, 17 TexReg 254.