1. (a) Any person receiving a service retirement annuity who retired after January 1, 2001, may work in a month as a substitute in a public educational institution without forfeiting the annuity payment for that month, provided the pay for work as a substitute does not exceed the daily rate of substitute pay established by the employer.
2. (b) 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, and may not be combined with the substitute service exception without forfeiting the annuity payment except as provided in this chapter.
3. (c) The exception described in this section is not available to retirees who have elected the exception described in §31.15 of this chapter (relating to Six-Month Exception).
4. (d) The exception described in this section and the exception for one-half time employment described in §31.14 of this chapter (relating to One-half Time Employment) may be used during the same school year. If the substitute service and the one-half time employment occur in the same calendar month, the total amount of time that the retiree works in both positions may not exceed the amount of time available that month for work on a one-half time basis. Beginning September 1, 2011 and thereafter, the exception for substitute service under this section and the exception for one-half time employment under §31.14 of this chapter may be used during the same calendar month without forfeiting the annuity only if the total number of days that the retiree works in those positions in that month does not exceed the number of days available for that month for work on a one-half time basis.

5. (e) In addition to the service described in subsection (d) of this section, substitute service under this exception may be combined in the same school year with work under the following exceptions without loss of annuity provided the requirements for work under each exception are met:

   1. (1) acute shortage area as described in §31.16 of this chapter (relating to Acute Shortage Area Exception);
   2. (2) principal or assistant principal as described in §31.17 of this chapter (relating to Principal or Assistant Principal Exception); and
   3. (3) faculty member of a professional nursing program as described in §31.19 of this chapter (relating to Faculty Member of Professional Nursing Program Exception).
6. (f) 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).
7. (g) A retiree who reports for duty as a daily substitute during any day and works any portion of that day shall be considered to have worked one day.

Source Note:The provisions of this §31.13 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 April 1, 2011, 36 TexReg 1997.