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 31.18 - Combining EAR Exceptions

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 and the retiree does not qualify for the
				  twelve-month separation exception under §
										31.14 of
				  this title (relating to Full-time Employment after 12 Consecutive Month Break
				  in Service), TRS shall use the following standards to determine whether the
				  retiree's employment still meets the requirements of each applicable exception
				  or if the retiree is subject to § 31.4 of this title (Employment Resulting
				  in Forfeiture of Retirement Annuity) based on that employment.
(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 and the
				  retiree's employment in either position does not qualify for any other
				  exceptions under this subchapter, then the retiree may not work more than 11
				  days combined during that month in the two or more positions.
(c) If, during a calendar month, a retiree
				  works in more than one position and each qualifies as one-half time employment
				  under §
										31.13 of this
				  title and the retiree's employment in either position does not qualify for any
				  other exceptions under this subchapter, then the retiree may not work more than
				  92 total hours in the combined positions.
(d) If a disability retiree combines
				  substitute service under §
										31.12
				  of this title, one-half time employment under §
										31.13 of this
				  title, or employment as a tutor under §
										31.15
				  of this title (relating to Tutors under Education Code § 33.913) in a
				  school year, each day worked under any of those three exceptions counts toward
				  the maximum of 90 days that a disability retiree may work under any of the
				  exceptions so that a disability retiree may never work more than a total of 90
				  days combined under the three exceptions.
(e) If, during a calendar month, a retiree
				  works more than one-half time in a position that qualifies for the tutor
				  exception under §
										31.15
				  of this title, then the retiree may not work in any other position for a Texas
				  public educational institution without being subject to the forfeiture
				  requirements of § 31.4 of this title unless:
(1) the other position qualifies as
				  substitute service and all the retiree's employment under the tutor exception
				  under §
											31.15
				  of this title also qualifies as substitute service; or
(2) the other position qualifies for the
				  tutor exception under §
											31.15
				  of this title or the COVID-19 position exception under § 31.16 of this
				  title (relating to Federally-funded COVID-19 Personnel).