34 Tex. Admin. Code § 31.31
Employment Resulting in Forfeiture of Disability Retirement Annuity
Effective Nov 14, 201742 TexReg 6373Source Note: The provisions of this §31.31 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9289; amended to be effective April 1, 2011, 36 TexReg 1998; amended to be effective September 1, 2011, 36 TexReg 5377; amended to be effective November 14, 2017, 42 TexReg 6373.Texas Secretary of State
- (a) A person receiving a disability retirement annuity forfeits the annuity payment in any month in which the retiree is employed by a public educational institution covered by TRS, unless the employment falls within one of the exceptions set forth in this subchapter.
(b) For purposes of this subchapter, employment by a Texas public educational institution includes:
- (1) employment by a third party entity 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
(2) effective the beginning of the 2017-18 school year, performing duties or providing services for or on behalf of the institution in the first 12 full, consecutive calendar months after the retiree's effective date of retirement that an employee of the institution would otherwise perform or provide, and:
- (A) waiving, deferring, or forgoing compensation for the duties or services;
- (B) performing the duties or providing the services as an independent contractor; or
- (C) serving as a volunteer without compensation and performing the same duties or providing the same services for the institution entity that the retiree performed or provided immediately before retiring and the retiree has an agreement to perform those duties or provide those services after the first 12 full, consecutive calendar months after the retiree's effective date of retirement.
- (c) A person receiving a disability retirement annuity may not exercise the exception applicable to service retirees in §31.15 of this chapter (relating to Full-time Employment after 12-Consecutive-Month Break in Service).
Source Note:The provisions of this §31.31 adopted to be effective March 12, 2003, 28 TexReg 2109; amended to be effective October 30, 2003, 28 TexReg 9289; amended to be effective April 1, 2011, 36 TexReg 1998; amended to be effective September 1, 2011, 36 TexReg 5377; amended to be effective November 14, 2017, 42 TexReg 6373.