1. (a) A person receiving a disability retirement annuity may work as a substitute in a month without forfeiting the annuity for that month subject to the same conditions as apply to service retirees except that the total substitute service or combination of substitute service and one-half time employment in the school year as described in subsection (d) may not exceed 90 days. This exception does not apply for the first month after the retiree's effective date of retirement (or the first two months if the person's retirement date has been set on May 31 under §29.14 of this title (relating to Eligibility for Retirement at the End of May)).

2. (b) For purposes of this section, employment by a Texas public educational institution includes:

   1. (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. (2) effective the beginning of the 2017-18 school year, performing duties or providing services in the first 12 consecutive calendar months after the retiree's effective date of retirement that an employee of the institution would otherwise perform or provide and

      1. (A) waiving, deferring, or foregoing compensation;
      2. (B) performing the duties or providing the services as an independent contractor; or
      3. (C) serving as a volunteer without compensation and performing the same duties or providing the same services for a reporting entity that the retiree performed or provided immediately before retirement and the retiree has an agreement to perform after 12 consecutive calendar months after the retiree's effective date of retirement.
3. (c) Any disability retiree who reports for duty as a substitute during any day and works any portion of that day shall be considered to have worked one day.
4. (d) The exception described in this section and the exception for one-half time employment described in §31.32 of this title (relating to Half-time Employment Up to 90 Days) may be used during the same school year. If the substitute service and the other employment occur in the same calendar month, the total amount of time that the retiree works in both positions may not exceed the amount of time available that month for work on a one-half time basis and may not exceed the limit of 90 days for the school year. Beginning September 1, 2011 and thereafter, the exception for substitute service under this section and the exception for one-half time employment under §31.32 of this title 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 one-half the number of days available for that month for work and the total number of days worked does not exceed the limit of 90 days for the school year. The number of days available to work in a calendar month is equal to one-half the number of work days in that calendar month. A work day is each Monday through Friday. However, working any part of a calendar day, including a Saturday or Sunday, is counted as a day worked. If the calendar month has an odd number of work days available for work, the retiree is limited to working only one-half the number of whole days available and may not work any amount of additional time in the one-half day remaining when dividing the total number of work days in the month by 2 without forfeiting the annuity for that month.

Source Note:The provisions of this §31.33 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 November 14, 2017, 42 TexReg 6373.