1. (a) A person who retired prior to January 1, 2011, and who is receiving a service retirement annuity may be employed in any capacity in Texas public education without forfeiture of benefits for the months of employment.

2. (b) A person who retired after January 1, 2011, and who is receiving a service retirement, annuity, is not entitled to an annuity payment for any month in which the retiree is employed by a Texas public educational institution, unless the employment meets the requirements for an exception to forfeiture of payments under this chapter. Employment by a Texas public educational institution for purposes of this chapter includes:

   1. (1) effective June 20, 2003, employment by a third party entity 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; and

   2. (2) effective the beginning of the 2017-18 school year, performing duties or providing services for or on behalf of the institution in the first 12 full, consecutive calendar months after the retiree's effective date of retirement that an employee of the institution would otherwise perform or provide, and:

      1. (A) waiving, deferring, or forgoing compensation for the services or duties;
      2. (B) performing the duties or providing the services as an independent contractor; or
      3. (C) serving as a volunteer without compensation and performing the same duties or providing the same services for the institution that the retiree performed or provided immediately before retiring and the retiree has an agreement to perform those duties or provide those services after the first 12 full, consecutive calendar months after the retiree's effective date of retirement.
3. (c) A person who is receiving a service retirement annuity may be employed in private schools, public schools in other states, in private business, or in other entities that are not TRS-covered employers without forfeiting their annuities.
4. (d) This chapter applies only to persons retired under TRS. It does not apply to persons retired under other retirement or pension systems.

Source Note:The provisions of this §31.11 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9288; amended to be effective September 1, 2011, 36 TexReg 5376; amended to be effective November 14, 2017, 42 TexReg 6373.