1. (a) A retiree who retired before September 1, 2005 under Government Code, §824.202(a) without reduction for retirement at an early age and who actually drives at least one bus route per day that complies with the guidelines established by the Texas Education Agency (TEA) will be considered eligible for the bus driver exception under Government Code, §824.602(a)(7).
2. (b) A retiree who retired on or after September 1, 2005 under Government Code, §824.202(a) without reduction for retirement at an early age who actually drives at least one bus route per day that complies with the guidelines established by the Texas Education Agency (TEA) and whose primary employment is as a bus driver will be considered eligible for the bus driver exception under Government Code, §824.602(a)(7).
3. (c) For purposes of subsection (b) of this section, employment as a bus driver is considered the retiree's primary employment if the total amount of any other employment is less than one-half time as provided in §31.14 of this title (relating to One-half Time Employment).
4. (d) 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.
5. (e) In the event the retiree wants to use the bus driver exception but has not been reported in that manner, the reporting entity must notify TRS in writing by amending the previous TRS 118, Employment of Retired Member, report(s).

Source Note:The provisions of this §31.18 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 15, 2006, 31 TexReg 1720.