reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter F - PARTIAL LUMP-SUM PAYMENT › Section 29.72 - Eligibility to Select PLSO

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (b) of this section, effective September 1, 2005, a
				  member is eligible to select a partial lump-sum distribution only if the
				  member's age and years of service credit total at least 90 at the time of
				  retirement and the member meets the other requirements of §
										824.2045,
				  Government Code, as amended by Senate Bill 1691, 79th Legislature, Regular
				  Session (2005).
(b) A member
				  eligible under §
										51.12
				  of this title (relating to Applicability of Certain Laws in Effect Before
				  September 1, 2005) is eligible to select a partial lump-sum distribution as
				  provided by §
										824.2045,
				  Government Code, prior to its amendment effective September 1, 2005, by Senate
				  Bill 1691, 79th Legislature, Regular Session (2005). Under §824.2045 prior
				  to amendment, to be eligible to select a partial lump-sum distribution, a
				  member must be eligible for an unreduced service retirement annuity under
				  §
										824.202(a),
				  Government Code, as it existed prior to amendment effective September 1, 2005,
				  and must not be participating in the deferred retirement option plan under
				  Subchapter E of this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter G - PROPORTIONATE RETIREMENT › Section 29.80 - Eligibility for Normal Age Retirement

Current through Reg. 49, No. 28; July 12, 2024
Retirees with an effective date of retirement on or after
					 January 31, 2002, and who retire under Chapter 803, Proportionate Retirement
					 Program, Government Code, and whose combined service credit under this program
					 establishes eligibility for retirement under Government Code, Chapter 824,
					 §824.202(a), shall receive a normal-age retirement annuity based only on
					 the actual TRS service credit.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter G - PROPORTIONATE RETIREMENT › Section 29.81 - Eligibility of Member

Current through Reg. 49, No. 28; July 12, 2024
A member may use combined service under Chapter 803,
					 Government Code, to meet TRS service retirement eligibility if the member is
					 eligible for retirement in each of the other systems in which any of the
					 combined service is credited, even if the member does not actually retire from
					 any other system simultaneously with the retirement under
					 TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter G - PROPORTIONATE RETIREMENT › Section 29.82 - Calculation of Salary Average

Current through Reg. 49, No. 28; July 12, 2024
When a member is eligible to retire from TRS under the
					 Proportionate Retirement Program but has less TRS service credit than is
					 required in the applicable formula to compute the final average salary, the
					 final average salary will be computed using the salaries for the years of
					 service credited in TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter G - PROPORTIONATE RETIREMENT › Section 29.83 - Calculation of Amount of Retirement Benefit

Current through Reg. 49, No. 28; July 12, 2024
For retirements after September 1, 2016, when a member is
					 eligible to retire from TRS under the Proportionate Retirement Program but has
					 fewer years of combined service credit than is required for normal age
					 retirement, the years of combined service credit shall be used in determining
					 the applicable reduction for an early age service retirement annuity that is
					 calculated using only actual TRS service credit.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 29 - BENEFITS › Subchapter H - FORFEITURES OF ACCRUED BENEFITS › Section 29.90 - Forfeiture of Certain Benefits Due to Criminal Offense

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of a notice of judgment
				  prescribed in subsection (b) of this section from a state or federal district
				  court, state district or U.S. attorney, or the defendant's employer related to
				  a qualifying felony described in §
										824.009,
				  Government Code, that was committed by a member or retiree and in which each
				  and every element of the offense occurred after the effective date of this
				  rule, the Teacher Retirement System of Texas (TRS) shall make only the
				  disbursements described in this section on behalf of the defendant. Disability
				  retirement benefits payable on behalf of a defendant are not affected by this
				  section.
(b) A notice of judgment
				  must include the following:
(1) the name and
				  social security number of the defendant or other identifying information
				  sufficient for TRS to correctly identify the defendant as a member or retiree
				  of TRS;
(2) a statement or
				  sufficient information for TRS to conclude that the crime was a felony
				  described in §
											824.009(a)
				  or (a-1), Government Code;
(3) an affirmative statement that each and
				  every element of the crime occurred after the effective date of this
				  rule;
(4) a statement that the
				  defendant was a member or service retiree of TRS when the crime was
				  committed;
(5) a statement that the
				  defendant was an employee of a TRS-covered employer at the time the crime was
				  committed and that the crime related to the defendant's employment;
				  and
(6) a statement that the victim
				  of the crime was a student at the time the qualifying felony
				  occurred.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, the following words and terms shall have
					 the following meanings:
(1) Disability
				  retiree--A TRS retiree receiving a disability annuity payment under Subchapter
				  D of Chapter 824, Government Code.
(2) EAR--Employment after
				  retirement.
(3) Employer--Any
				  employer required to report the employment of active members or TRS retirees to
				  TRS in accordance with Subtitle C of Title 8 of the Government Code.
(4) Employer surcharge--The return-to-work
				  employer pension surcharge described under Section §
										31.3
				  of this title (relating to Return-to-Work Employer Pension Surcharge) and
				  Government Code §
										825.4092.
(5) Employment--Any work arrangement between
				  a Texas public educational institution and a TRS retiree that qualifies as
				  employment under Government Code §
										824.601,
				  including any work by a TRS retiree who is:
(A) employed 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
(B)
				  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:
(i) waiving, deferring, or
				  foregoing compensation for the services or duties;
(ii) performing the duties or providing the
				  services as an independent contractor; or
(iii) serving as a volunteer without
				  compensation and performing the same duties or providing the same services for
				  the institution 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.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.2 - Monthly Certified Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				  accordance with the requirements of Government Code §
										824.6022,
				  an employer shall submit to TRS a monthly certified statement of employment for
				  all retirees employed by the employer during each month of a school
				  year.
(b) Employers must submit the
				  monthly certified statement and all required employer surcharges under §
										31.3
				  of this title (relating to Return-to-Work Employer Pension Surcharges) for each
				  report month from September through July before the eleventh day of the month
				  following the applicable report month. For the monthly certified statement for
				  the report month of August, the employer shall submit the monthly certified
				  statement and all required employer surcharges before the seventh day of
				  September.
(c) If the due date for
				  submission of a monthly certified statement and required employer surcharges
				  under subsection (b) of this section falls on a weekend or federal holiday, an
				  employer shall submit the monthly certified statement and required employer
				  surcharges on the last business day prior to the due date.
(d) An employer that fails to timely submit a
				  monthly certified statement and all required employer surcharges must also pay
				  all applicable interest and late fees provided in subsections (f) and (g) of
				  this section.
(e) A monthly
				  certified statement is not considered submitted to TRS until it is completed.
				  To be complete, the monthly certified statement must include all the following
				  information regarding a retiree employed by the employer during the report
				  month:
(1) the number of hours and days worked
				  by the retiree;
(2) whether the
				  retiree's employment qualifies as one or more of the following types:
(A) substitute employment;
(B) one-half time or less
				  employment;
(C) employment as a
				  tutor under Section 33.913 of the Education Code;
(D) employment in a federally-funded COVID-19
				  personnel position that meets the requirements of Section 824.6021 of the
				  Government Code and § 31.16 of this title (relating to Federally-funded
				  COVID-19 Personnel);
(E) full-time
				  employment;
(F) trial employment of
				  a disability retiree for up to three months; or
(G) any combination of these types.
(3) the amount of gross
				  compensation paid to the retiree during the report month;
(4) the total amount due under §
											41.4
				  of this title (relating to Employer Health Benefit Surcharge); and
(5) any other information requested by TRS to
				  administer this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.3 - Return-to-Work Employer Pension Surcharge

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  For each report month a retiree is employed by an employer for more than 92
				  hours in a calendar month and that retiree is not exempt from surcharge under
				  subsection (b) of this section, the employer shall pay to TRS a surcharge based
				  on the compensation paid to the retiree during that report month. The criteria
				  used to determine if a retiree is working more than 92 hours in a calendar
				  month are the same as the criteria for determining one-half time employment
				  under §
										31.13 of this
				  title (relating to One-half Time Employment) even if the retiree's employment
				  also qualifies for an exception under §
										31.14 of
				  this title (relating to Full-time Employment after 12 Consecutive Month Break
				  in Service), or §
										31.15
				  of this title (relating to Tutors under Education Code §
				  33.913).
(b) Employers are not
				  required to submit employer surcharges based on the employment of a retiree
				  during a calendar month if:
(1) the retiree
				  works 92 hours or less during the applicable report month;
(2) the retiree retired prior to September 1,
				  2005;
(3) the retiree is employed
				  solely as a substitute and that employment meets all the requirements §
											31.12
				  of this title (relating to Substitute Service) even if the retiree's substitute
				  employment also qualifies for another exception under Subchapter B of this
				  chapter (relating to Employment After Retirement Exceptions);
(4) the retiree is employed in multiple
				  positions during the calendar month and does not exceed the limits for such
				  combined employment under § 31.19 of this title (relating to Combining EAR
				  Exceptions and Employer Surcharges); or
(5) the retiree's employment is in a position
				  that qualifies as a federally-funded COVID-19 position under § 31.16 of
				  this title (relating to Federally-funded COVID-19 Personnel) and Government
				  Code § 824.6021.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.4 - Employment Resulting in Forfeiture of Retirement Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) A service retiree with an effective date
				  of retirement prior to January 1, 2021, may be employed in any capacity in
				  Texas public education without forfeiture of benefits for the months of
				  employment.
(b) A service retiree
				  with an effective date of retirement after January 1, 2021, is subject to the
				  forfeiture requirements of § 31.5 of this title (relating to Notice and
				  Forfeiture Requirements for Certain Service Retirees) for any month in which
				  the retiree is employed by a Texas public educational institution unless the
				  employment qualifies for an exception under Subchapter B of this chapter
				  (relating to Employment After Retirement Exceptions).
(c) Disability retirees, regardless of their
				  effective date of retirement, are not entitled to an annuity payment for any
				  month in which the retiree is employed by a Texas public educational
				  institution unless the employment qualifies for an exception under Subchapter B
				  of this chapter.
(d) A retiree may
				  be employed in private schools, public schools in other states, in private
				  business, or in other entities that are not TRS-covered employers without
				  forfeiting their annuities unless any of these entities also qualify as a
				  third-party entities for the purposes of this chapter.
(e) This chapter applies only to persons
				  retired under TRS. It does not apply to persons retired under other retirement
				  or pension systems.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.5 - Notice and Forfeiture Requirements for Certain Service Retirees

Current through Reg. 49, No. 28; July 12, 2024
(a) A service retiree with an effective date
				  of retirement after January 1, 2021, shall only forfeit the service retiree's
				  monthly annuity payment based on the service retiree's employment by a Texas
				  public educational institution during a calendar month if TRS has previously
				  issued the warnings required by subsections (b) and (c) of this section to the
				  retiree.
(b) If TRS determines that
				  a service retiree's employment by a Texas public educational institution does
				  not qualify for an exception under Subchapter B of this chapter (relating to
				  Employment after Retirement Exceptions), TRS shall issue a written EAR warning
				  to the service retiree notifying the retiree of this fact. The EAR warning
				  under this subsection may address multiple months of the service retiree's
				  employment.
(c) If TRS determines
				  that a service retiree's employment by a Texas public educational institution
				  does not qualify for an exception under Subchapter B of this chapter and that
				  employment occurs in a month after the month TRS issued to the service retiree
				  the warning under subsection (b) of this section, then TRS shall issue a second
				  EAR warning to the service retiree that:
(1)
				  notifies the service retiree of this fact; and
(2) requires the service retiree to pay TRS
				  an amount equal to the lesser of the total amount of either:
(A) the service retiree's gross monthly
				  annuity payments for the months addressed by this warning; or
(B) the total gross amount of compensation
				  earned by the service retiree during the months addressed by this warning as
				  described by §
												31.6 of this title (relating to
				  Second EAR Warning Payments).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter A - GENERAL PROVISIONS AND PROCEDURES › Section 31.6 - Second EAR Warning Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) If TRS issues a
				  second EAR warning as provided in §
										31.5 of this title (relating to
				  Notice and Repayment Requirements for Certain Service Retirees) to a service
				  retiree, the service retiree shall pay to TRS an amount equal to the lesser of
				  either:
(1) the service retiree's gross
				  monthly annuity payments for the months addressed by this warning; or
(2) the total gross amount of compensation
				  earned by the service retiree during the months addressed by this warning as
				  described by this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.11 - Exceptions to Forfeiture of Retirement Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) Service retirees who retired after
				  January 1, 2021, and all disability retirees are subject to the forfeiture
				  requirements in § 31.4 of this title (relating to Employment Resulting in
				  Forfeiture of Retirement Annuity) for any month in which the retiree is
				  employed by a public educational institution covered by TRS unless the
				  employment qualifies for an exception under this subchapter.
(b) The exceptions to forfeiture of annuities
				  provided in this chapter apply only to retirees who have effectively retired by
				  ending all employment as described in Government Code § 824.002 and §
										29.15
				  of this title (relating to Termination of Employment) and who do not revoke
				  retirement by becoming employed in any position by Texas public educational
				  institutions in the month immediately following the retiree's effective date of
				  retirement (or in the two months immediately following the person's effective
				  date of retirement if the effective date of retirement is May 31 under §
										29.14
				  of this title (relating to Eligibility for Retirement at the End of
				  May)).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.12 - Substitute Service

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				  section, "substitute" means a retiree employed by a Texas public educational
				  institution and paid no more than the daily rate of pay for substitutes as set
				  by the employer to work:
(1) on a temporary
				  basis in the place of a current employee(s);
(2) in a vacant position for no more than 20
				  days if the retiree was not the last person to hold the vacant position and the
				  retiree has not previously been employed in that vacant position during the
				  same school year; or
(3) on a
				  temporary basis to monitor an in-person class while the classroom teacher
				  temporarily instructs the class virtually.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.14 - Full-Time Employment after 12 Consecutive Month Break in Service

Current through Reg. 49, No. 28; July 12, 2024
(a) A service retiree may be employed in any
				  capacity in Texas public education, including as much as full-time, if the
				  service retiree has been separated from service with all Texas public
				  educational institutions for at least 12 full, consecutive calendar months
				  after the retiree's effective date of retirement. The 12-month separation
				  period may be any 12 consecutive calendar months following the month of
				  retirement.
(b) During the
				  separation period described by subsection (a) of this section, the service
				  retiree may not be employed in any position or capacity by a public educational
				  institution covered by TRS, including in any position or capacity that would
				  qualify for an exception provided for in this subchapter. Paid time off,
				  including sick leave, vacation leave, administrative leave, and compensatory
				  time for overtime worked, is considered employment for purposes of this
				  subsection.
(c) A service retiree
				  who is employed more than one-half time for a Texas public educational
				  institution will be subject to the forfeiture requirements of § 31.4 of
				  this title (relating to Employment Resulting in Forfeiture of Retirement
				  Annuity) if the retiree does not meet the separation requirements of this
				  section and the employment does not otherwise qualify for an exception under
				  this subchapter that permits the retiree to work full-time.
(d) The exception under this section does not
				  apply to disability retirees.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.15 - Tutors under Education Code Section 33.913

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by § 31.18 of
				  this title (relating to Combining EAR Exceptions) and subsection (b) of this
				  section, a retiree may be employed by a Texas public educational institution in
				  a tutoring position that meets the requirements of Section 33.913 of the
				  Education Code for any number of hours or days during a month without being
				  subject to the forfeiture requirements of § 31.4 of this title (relating
				  to Employment Resulting in Forfeiture of Retirement Annuity).
(b) A disability retiree may not be employed
				  on as a tutor under this section for more than 90 days in a school year. A
				  disability retiree who works more than 90 days on as a tutor under this section
				  shall forfeit the disability retiree's annuity for the month during which the
				  disability retiree exceeded 90 days and in each subsequent month during the
				  same school year that the disability retiree is employed by a Texas public
				  educational.
(c) For the purposes
				  of calculating the number of days worked by a disability retiree has worked
				  during a school year under this section, working any part of a day counts as
				  working the entire day.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.16 - Federally-Funded COVID-19 Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  service retiree is not subject to the warning, payment, and forfeiture
				  requirements of § 31.4 of this title (relating to Employment Resulting in
				  the Forfeiture of Retirement Annuity) if the service retiree is employed by a
				  Texas public educational institution, other than an institution of higher
				  education, in a position performing duties related to the mitigation of student
				  learning loss attributable to the coronavirus disease (COVID-19) pandemic, if
				  the position:
(1) is in addition to the
				  normal staffing level at the Texas public educational institution;
(2) is funded wholly by federal funds
				  provided under federal law enacted for the purpose of providing relief related
				  to the coronavirus disease (COVID-19) pandemic, including the Coronavirus Aid,
				  Relief, and Economic Security (CARES) Act (15 U.S.C. Section 9001 et seq.),
				  Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M,
				  Pub. L. No.
				  116-260), or American Rescue Plan Act of 2021
				  (Pub. L. No.
				  117-2); and
(3) ends on or before December 31,
				  2024.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.17 - Employment Up to Three Months on a One-Time Trial Basis

Current through Reg. 49, No. 28; July 12, 2024
(a) A disability retiree may, without
				  forfeiting payment of the retiree's monthly annuity, be employed on a one-time
				  only trial basis on as much as full-time for a period of no more than three
				  consecutive months if the work meets the requirements in subsection (b) of this
				  section and the person complies with the requirements of subsection (c) of this
				  section.
(b) The work must occur:
(1) in a period, designated by the employee,
				  of no more than three consecutive months; and
(2) in a school year that begins after the
				  retiree's effective date of retirement or no earlier than October 1 if the
				  effective date of retirement is August 31.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter B - EMPLOYMENT AFTER RETIREMENT EXCEPTIONS › Section 31.19 - Combining EAR Exceptions and Employer Surcharges

Current through Reg. 49, No. 28; July 12, 2024
(a) If, during a calendar month, a retiree
				  works in a position subject to more than one exception under this subchapter or
				  in multiple positions subject to different exceptions under this subchapter,
				  TRS shall use the following standards to determine whether the retiree's
				  employment requires an employer to pay the return-to-work pension surcharge
				  under §
										31.3
				  of this title (relating to Return-to-Work Employer Pension
				  Surcharges).
(b) If a retiree
				  combines substitute service under §
										31.12
				  of this title (relating to Substitute Service) with one-half time employment
				  under §
										31.13 of this
				  title (relating to One-half Time Employment) in a calendar month, then the
				  employer employing the retiree must remit the employer surcharge to TRS if the
				  retiree works more than 11 total days in both positions combined.
(c) If, during a calendar month, a retiree
				  combines substitute service under §
										31.12
				  of this title with work that qualifies for the tutor exception under §
										31.15
				  of this title (relating to Tutors under Education Code § 33.913), then the
				  employer must remit the employer surcharge to TRS based on that combined
				  employment unless:
(1) all of the retiree's
				  employment under the tutor exception also qualifies as substitute service;
				  or
(2) the retiree's non-substitute
				  employment under the tutor exception does not exceed 92 hours in the calendar
				  month when not combined with the retiree's substitute service and the retiree's
				  total employment does not exceed 11 total days worked under both exceptions
				  during the month.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter C - DISABILITY RETIREE COMPENSATION LIMITS › Section 31.31 - Disability Retiree Report of Excess Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) A disability retiree who applies for
				  disability retirement after August 31, 2007, and whose effective date of
				  retirement is after August 31, 2007, shall report to TRS compensation earned
				  for work performed during disability retirement in accordance with this
				  section.
(b) A disability retiree
				  is not subject to the reporting requirement for compensation earned in a
				  calendar year in which the disability retiree's annual gross disability
				  retirement annuity payments from TRS total $2,000 or less.
(c) Unless excluded under subsection (a) or
				  (b) of this section, a disability retiree is required to report to TRS
				  compensation earned in a calendar year when the compensation exceeds the
				  greater of the disability retiree's highest salary in any school year before
				  disability retirement or $40,000.
(d) The reporting requirement applies to
				  compensation earned in the first full calendar year that begins following the
				  effective date of disability retirement and to compensation earned in each
				  subsequent calendar year of disability retirement.
(e) Compensation that is required to be
				  reported to TRS is payment, earnings, or net income for employment, work,
				  labor, or services, whether performed for a Texas public education institution
				  or another employer or entity. Compensation includes but is not limited to the
				  following:
(1) "Wages" as defined under
				  §3121 of the Internal Revenue Code of 1986 that are subject to Federal
				  Insurance Contributions Act ("FICA") Social Security or Medicare employment
				  taxes;
(2) Salary and wages, even
				  if not subject to FICA taxes because of a technical exclusion of a type of
				  employer or type of employment;
(3)
				  Self-employment earnings, including net income from a trade or
				  business;
(4) Compensation for work
				  performed as an independent contractor;
(5) Net income earned as a sole proprietor or
				  partner in a business; and
(6) Net
				  income earned as an S corporation shareholder.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter C - DISABILITY RETIREE COMPENSATION LIMITS › Section 31.32 - Forfeiture of Disability Retirement Annuity Payments Due to Excess Compensation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a disability
				  retiree earned compensation in excess of the applicable limit in §
										31.31(c)
				  of this title (relating to Disability Retiree Report of Excess Compensation) in
				  a calendar year for which a report is due, the disability retiree's annuities
				  shall be forfeited in accordance with this section, beginning with the annuity
				  payable for May of the calendar year following the year for which the report is
				  due.
(b) A forfeiture of annuity
				  payments under this section shall continue until the disability retiree submits
				  a new report to TRS showing that the compensation has ceased or decreased
				  sufficiently that it will no longer exceed the applicable limit. TRS will
				  resume annuity payments following the receipt of the retiree's new report.
				  Annuity payments shall be resumed no earlier than the payment for the calendar
				  month following the month in which the compensation ceased or decreased. An
				  annuity payment is not due for a month in which a disability retiree earns
				  compensation that caused the annuity for the month to be forfeited prior to the
				  retiree's new report, even if the total compensation for the calendar year is
				  below the applicable limit in §
										31.31(c)
				  of this title.
(c) A disability
				  retiree who forfeits one or more annuities from TRS is also required to pay the
				  total monthly cost of TRS-Care coverage as described in §
										41.5(f)
				  of this title (relating to Payment of Contributions).
(d) Annuity payments are forfeited for a
				  disability retiree who is required to file a report but fails to do so or for a
				  disability retiree who fails to report all compensation required to be
				  reported, beginning with annuity payments for the month following the month in
				  which TRS discovers the failure.
(e) Nothing in this section shall be
				  construed to prevent TRS from collecting the gross amount of ineligible annuity
				  payments if TRS determines that a disability retiree knowingly failed to report
				  compensation as required and the failure resulted in payment of annuities by
				  TRS that the disability retiree was not eligible to receive.
(f) Forfeiture of annuity payments under this
				  section shall not extend the guaranteed period of annuity payments, if the
				  disability retiree elected a payment option described under Government Code
				  §
										824.308(c)(3)
				  or (4).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 31 - EMPLOYMENT AFTER RETIREMENT › Subchapter C - DISABILITY RETIREE COMPENSATION LIMITS › Section 31.33 - Applicability of Excess Compensation Provisions to Employment in Texas Public Educational Institutions

Current through Reg. 49, No. 28; July 12, 2024
A disability retiree who earns compensation for employment
					 by a public educational institution covered by TRS is subject to §
										31.31
					 of this title (relating to Disability Retiree Report of Excess Compensation),
					 §
										31.32
					 of this title (relating to Forfeiture of Disability Retirement Annuity Payments
					 Due to Excess Compensation), and §
										41.5 of
					 this title (relating to Payment of Contributions), regardless of whether the
					 employment results in the forfeiture of the annuity in the month in which the
					 employment occurs, as provided for in § 31.4 of this title (relating to
					 Employer Resulting in the Forfeiture of Retirement Annuity).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.1 - Selection of Plan for Payment of Death Claim for a Minor Child

Current through Reg. 49, No. 28; July 12, 2024
Any selection of a plan for payment of a death claim in favor
				  of a minor child who has not had the disabilities of minority removed must be
				  made by the guardian of the estate of the child, by a person authorized in a
				  court order, or as otherwise provided by the law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.2 - Transactions on Behalf of a Minor Child or Incapacitated Person

Current through Reg. 49, No. 28; July 12, 2024
(a) Retirement plan transactions on behalf of
				a minor child who has not had the disabilities of minority removed must be
				directed by the guardian of the estate of the child, by a person authorized in
				a court order, or as otherwise provided by the law.
(b) Retirement plan transactions on behalf of
				a person who is legally incapacitated must be made as directed by the guardian
				of the estate of the incapacitated person or as otherwise provided by the
				law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.3 - Selection of Plan for Payment of Death Claim for an Incapacitated Person

Current through Reg. 49, No. 28; July 12, 2024
Any selection of a plan for payment of a death claim for a
				  person who is legally incapacitated must be made by the guardian of the estate
				  of the incapacitated person or as otherwise provided by the
				  law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.4 - Selection of Retirement Plan for an Incapacitated Person

Current through Reg. 49, No. 28; July 12, 2024
Any selection of a retirement plan for a person who is
				  legally incapacitated must be made by the guardian of the estate of the
				  incapacitated person or as otherwise provided by the law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.5 - Approval of Designated Beneficiary

Current through Reg. 49, No. 28; July 12, 2024
Any designation of beneficiary for any purpose on behalf of a
				  person who is legally incapacitated must be approved or authorized by a court
				  of competent jurisdiction or as otherwise provided by the
				  law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.6 - Power of Attorney

Current through Reg. 49, No. 28; July 12, 2024
(a) Teacher
				Retirement System of Texas (TRS) acknowledges the authority of an attorney in
				fact under a power of attorney that is durable and meets the requirements of
				the laws and rules in effect at the time the power of attorney was
				executed.
(b) A power of attorney
				is considered durable if it contains a statement showing the principal's intent
				that the authority of the attorney in fact may be exercised in the event of the
				principal's subsequent incapacity or disability.
(c) The authority of an attorney in fact
				under a durable power of attorney or a statutory durable power of attorney is
				acknowledged by TRS to the extent the authority is granted in the power of
				attorney.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 33 - LEGAL CAPACITY › Section 33.7 - Acceptable Signatures

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who
				has legal capacity but is physically unable to sign or make a mark may be
				assisted by a disinterested witness. For forms which require notarization, the
				notary attesting to the signature should make a statement on the document that
				assistance was requested and should include the name of the person assisting or
				signing the document. If no notary attestation is required on the form, a
				disinterested witness to the signing should make a statement on the document
				that assistance was requested, include the name of the person assisting, and
				sign the statement.
(b) A notary
				may sign the name of a person who has legal capacity but is physically unable
				to sign or make a mark if directed to do so by the individual, in the presence
				of a disinterested witness. The notary who signs the document should make a
				statement on the document that assistance was requested and that the signature
				was affixed by the notary in the presence of a disinterested witness whose name
				should be provided.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 35 - PAYMENTS BY TRS › Section 35.1 - Payment Error

Current through Reg. 49, No. 28; July 12, 2024
(a) If any error in
				the records, including errors caused by the administrative process, results in
				any member, retiree, beneficiary, or alternate payee, as that term is defined
				under Chapter 804 of the Government Code, including an alternate payee under
				§
									804.005
				of the Government Code, receiving more or less than the recipient would have
				been entitled to receive had the records been correct, the Teacher Retirement
				System of Texas (TRS) shall correct such error and so far as practicable shall
				adjust any future payment in such a manner that the actuarial equivalent of the
				benefit to which the recipient was correctly entitled will be paid. The
				adjustment may be made to one or more future payments or to payments for as
				long as the life of the recipient, at the discretion of TRS.
(b) If no future payments are due, TRS may
				recover an overpayment in any manner that would be permitted for the collection
				of any other debt.
(c) TRS may
				correct an overpayment of benefits to a person entitled to receive payments
				from TRS by the method described in subsection (a) of this section only for an
				overpayment made during the three years preceding the date TRS discovers or
				discovered the overpayment.
(d) TRS
				may not recover from a person entitled to receive payments from TRS any
				overpayment made more than three years before the discovery of the
				overpayment.
(e) The limitations in
				subsections (c) and (d) of this section do not apply to an overpayment that a
				reasonable person should know the person is not entitled to receive.
(f) This section and §
									802.1024 and
				§
									802.1025 of
				the Government Code do not apply to the collection of any payment made after
				the death of an annuitant if such payment was not due because of the death of
				the annuitant but was paid because TRS did not discover or receive notice of
				the annuitant's death.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 39 - PROOF OF AGE › Section 39.1 - Establishment of Date of Birth

Current through Reg. 49, No. 28; July 12, 2024
(a) Date of
				birth may be established by any one of the following:
(1) an original birth certificate or a
				legible unaltered copy thereof;
(2)
				a delayed birth certificate in accordance with Chapter 192, Subchapter B,
				Health and Safety Code, or a legible unaltered copy provided by the Bureau of
				Vital Statistics;
(3) a delayed
				birth certificate issued by the state in which birth occurred or a legible
				unaltered copy provided by the registration agency;
(4) an original baptismal record or parish
				record wherein the age of the individual at the time of baptism is given, or a
				legible unaltered copy of such record;
(5) a family Bible record when properly
				abstracted or copied and accompanied by the prescribed affidavit forms issued
				by the Teacher Retirement System of Texas (TRS);
(6) a report from the Bureau of Census
				stating the age of the individual at a census year when the individual was less
				than 20 years of age;
(7) a signed
				letter from the Social Security Administration indicating a date of birth which
				has been accepted by Social Security Administration;
(8) naturalization or citizenship papers
				showing the individual's date of birth;
(9) for a member, an original birth
				certificate or a legible unaltered copy thereof when there is no given name
				listed for the infant as long as it is consistent with other birth information
				in the TRS file;
(10) an alien
				registration card;
(11) a hospital
				birth record signed by the administrator or custodian of records of the
				hospital;
(12) a U.S.
				passport;
(13) a state issued
				driver license or state issued ID card;
(14) a U.S. or state issued military ID;
				or
(15) any other evidence of age
				as may be approved by TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 41 - HEALTH CARE AND INSURANCE PROGRAMS › Subchapter A - RETIREE HEALTH CARE BENEFITS (TRS-CARE) › Section 41.1 - Initial Enrollment Periods for the Health Benefit Program under the Texas Public School Retired Employees Group Benefits Act (TRS-Care)

Current through Reg. 49, No. 28; July 12, 2024
(a) The initial enrollment period in TRS-Care
				  for eligible TRS retirees who take a service retirement and who are eligible to
				  enroll in TRS-Care at the time of retirement expires at the end of the later
				  of:
(1) the last day of the month that is 3
				  consecutive calendar months, but in no event less than 90 days, after their
				  effective retirement date; or
(2)
				  the last day of the month that is 3 consecutive calendar months, but in no
				  event less than 90 days, following the last day of the month in which their
				  election to retire is received by TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 41 - HEALTH CARE AND INSURANCE PROGRAMS › Subchapter A - RETIREE HEALTH CARE BENEFITS (TRS-CARE) › Section 41.2 - Additional Enrollment Opportunities

Current through Reg. 49, No. 28; July 12, 2024
(a) Age
				  65 Enrollment Opportunity.
(1) Upon reaching
				  65 years of age, a retiree or surviving spouse is eligible to be enrolled in
				  TRS-Care under terms, conditions and limitations established by the trustee
				  unless expelled from the program under provisions of Chapter 1575, Insurance
				  Code (the "Age 65 Enrollment Opportunity"). The retiree or surviving spouse may
				  select any coverage provided under TRS-Care for which the individual or a
				  dependent is otherwise eligible.
(2) The enrollment period for an individual
				  who becomes eligible for coverage under paragraph (1) of this subsection shall
				  begin on the date the individual reaches 65 years of age and ends 31 calendar
				  days from the end of the month in which the individual reaches 65 years of age.
				  To make an effective election, a completed TRS-Care application must be
				  received by TRS no later than the end of this enrollment period.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 41 - HEALTH CARE AND INSURANCE PROGRAMS › Subchapter A - RETIREE HEALTH CARE BENEFITS (TRS-CARE) › Section 41.3 - Retirees Advisory Committee

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  task and purpose of the Retirees Advisory Committee (Committee) is to:
(1) hold public hearings on group insurance
				  benefits;
(2) recommend to the
				  Board of Trustees of TRS (Board) minimum standards and features of the plan or
				  plans that it considers appropriate; and
(3) recommend to the Board desirable changes
				  in rules and legislation affecting the program.