1. (a) Any person receiving a service retirement annuity may, without affecting payment of the annuity, be employed on as much as full time for no more than six months in a school year if the work meets the requirements in subsection (b) of this section and the person complies with the requirements of subsection (c) of this section.

2. (b) The work must occur:

   1. (1) in no more than six months in a school year; and
   2. (2) in a school year that begins after the retiree's effective date of retirement or no earlier than October 1 if the effective date of retirement is August 31.
3. (c) A person who, during a school year, has already used the exception described in §31.3 of this title (relating to Regular Employment) for substitute work or in §31.7 of this title (relating to Regular Employment Having No Effect on Annuity) for work at no more than half time is eligible for the exception described in this section during the same school year; however, the permissible substitute employment or the employment for work at no more than half time during the same school year must be included in the six months of employment allowed under this section. A person who has been employed in Texas public education during a school year and has forfeited service retirement benefits because the person did not qualify for one of the exceptions described in §31.3 of this title or §31.7 of this title is eligible for this exception during the same school year. The six-month exception will be allowed so long as the person is eligible and is reported under that exception by the employer. A person using the six-month exception must use the first six months of a school year in which any work occurs. A person reported as working full-time, but not under the six month exception, will be notified that ineligible annuity checks have been sent to the person and need to be repaid. In the event the person wants to use the six-month exception and has not been reported in that manner, the person will need to notify TRS in writing.
4. (d) A person will forfeit annuity payment for any month in the school year outside the six-month period during which the person works in any position in a Texas public educational institution. This applies even if the work would otherwise qualify for an exception under §31.3 of this title (relating to Permissible Substitute Employment) for substitute work or §31.7 of this title (relating to Regular Employment Having No Effect on Annuity) for no more than half-time employment. However, substituting or work at no more than half-time during the six months will be treated as any other employment permitted during that period.
5. (e) The exception described in this section may not be revoked after the person receives an annuity payment under it.
6. (f) Employers will report separately to TRS all work in a school year by persons with this exception in effect. Substituting or work at no more than half time by a person with the exception in effect will not be reported under those categories, but as work under this exception.

Source Note:The provisions of this §31.12 adopted to be effective December 4, 1985, 10 TexReg 4539; amended to be effective November 23, 1987, 12 TexReg 4200; amended to be effective January 24, 1992, 17 TexReg 254; amended to be effective October 28, 1999, 24 TexReg 9299.