1. (a) A person who is receiving a service retirement annuity may be employed on a one-half time basis without forfeiting annuity payments for the months of employment. 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.
2. (b) Except as provided in subsection (e) of this section, one-half time employment measured in clock hours shall not in any month exceed one-half of the time required for a full time position in a calendar month or 92 clock hours, whichever is less. Because the time required for a full time position may vary from month to month, determination of one-half time will be made on a calendar month basis. Actual course instruction in state-supported colleges (including junior colleges), universities, and public schools shall not exceed during any calendar month one-half the normal load for full-time employment at the same teaching level.
3. (c) For bus drivers, "one-half time" employment shall in no case exceed 12 days in any calendar month, unless the retiree qualifies for the bus driver exception in §31.18 of this chapter (relating to Bus Driver Exception). Work by a bus driver for any part of a day shall count as a full day for purposes of this section.
4. (d) This exception and the exception for substitute service may be used during the same school year provided the substitute service and one-half time employment do not occur in the same month. Effective September 1, 2003, this exception and the exception for substitute service may be used during the same calendar month without forfeiting the annuity only if the total amount of time that the retiree works in those positions in that month does not exceed the amount of time per month for work on a one-half time basis.

5. (e) For the 2005-2006 school year only, retirees who retired prior to September 1, 2005 and work in one-half time positions will not forfeit their annuities under this section for working additional hours during the months of September, October, and November 2005 if:

   1. (1) the work was as a result of emergency conditions due to Hurricane Rita as declared by the Governor of Texas; and
   2. (2) the retiree was working in a health care facility.

Source Note:The provisions of this §31.14 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9288; amended to be effective April 4, 2006, 31 TexReg 2871.