1. (a) A retiree who is employed on a full-time basis as a faculty member in an undergraduate or graduate professional nursing program as defined by Education Code, §54.221 is considered eligible for employment after retirement under the exception described in Government Code, §824.602(a)(8). 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) For purposes of the exception described in this section, a faculty member is a retiree employed by an undergraduate or graduate professional nursing program as described in Education Code, §54.221 to serve as a full-time member of its faculty or staff with duties that include teaching, research, administration, or performing other professional services.
3. (c) A retiree must elect in writing on a form prescribed by TRS to take advantage of the exception described by this section no later than the end of the first month of employment under this section or 30 days after the date of employment, whichever is later.
4. (d) If the form is not received and the retiree continues to work on a full-time basis for more than six months the annuity payment will be suspended each month work is performed until the election form is received by TRS.
5. (e) In the event the retiree elects to use the exception described in this section and has not been reported in that manner, the reporting entity must notify TRS in writing by amending the Employment of Retired Member(s) report.
6. (f) For the exception described in this section, the 12 month separation period described in Government Code, §824.602(a)(8) may be any 12 consecutive months following the month of retirement so long as the retiree is not employed in any position or capacity by a public educational institution during any part of each of the 12 months. Employment by a third party entity is considered employment by a public educational institution covered by TRS for purposes of this subsection.
7. (g) The exception described in this section expires at the end of the spring semester in 2015.

Source Note:The provisions of this §31.19 adopted to be effective March 15, 2006, 31 TexReg 1720; amended to be effective March 8, 2007, 32 TexReg 1089; amended to be effective April 1, 2011, 36 TexReg 1997.