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 similar full time position in a calendar month or 92 clock hours, whichever is less. Paid time-off is employment for purposes of this section and reduces the number of hours available to work in the calendar month in which it is taken. 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. If an employer is scheduled to be closed for business during all or part of a calendar month, the amount of time available for one-half time employment is reduced by the number of business days the employer is closed. 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. Beginning September 1, 2011 and thereafter, the exception for one-half time employment under this section and the exception for substitute service under §31.13 of this chapter (relating to Substitute Service) 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) Paid time off, including sick leave, vacation leave, and compensatory time for overtime worked, is employment for purposes of this section and must be included in determining the total amount of time available to work in a calendar month and reported to TRS as employment for the calendar month in which it is taken.

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; amended to be effective March 8, 2007, 32 TexReg 1089; amended to be effective April 1, 2011, 36 TexReg 1997.