1. (a) A person who is receiving a service retirement annuity who retired after January 1, 2011, forfeits the annuity for any month in which the retiree is employed by a public educational institution covered by TRS, except in the cases set forth in §31.13 of this chapter (relating to Substitute Service), §31.14 of this chapter (relating to One-half Time Employment), and §31.15 of this chapter (relating to Full-time Employment after 12-Consecutive-Month Break in Service).

2. (b) Employment by a Texas public educational institution 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 foregoing 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.

Source Note:The provisions of this §31.12 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9288; amended to be effective March 8, 2007, 32 TexReg 1089; amended to be effective September 1, 2011, 36 TexReg 5376; amended to be effective November 14, 2017, 42 TexReg 6373.