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 31.13 - One-Half Time Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) A retiree
				  may be employed by a Texas public educational institution in any position,
				  other than as a substitute, on as much as a one-half time basis without
				  forfeiting annuity payments for the applicable months of employment. In this
				  section, one-half time basis means no more than 92 hours in a calendar month.
				  The total number of hours allowed for that month may be worked in any
				  arrangement or schedule.
(b) Paid
				  time-off, including sick leave, vacation leave, administrative leave, and
				  compensatory time for overtime worked, is employment for purposes of this
				  section and must be included in determining the total amount of time worked in
				  a calendar month and reported to TRS as employment for the calendar month in
				  which it is taken.
(c) For the
				  purpose of this section, employment as an instructor for actual course or lab
				  instruction with an institution of higher education (including community and
				  junior colleges and online coursework) in classes taken by students for college
				  credit or classes that are taken to prepare students for college level work
				  shall be counted as a minimum of two clock hours for each clock hour of
				  instruction or time in the classroom or lab in order to reflect instructional
				  time as well as preparation, grading, and other time typically associated with
				  one hour of instruction. If the employer has established a greater amount of
				  preparation time for each hour in the classroom or lab, the employer's
				  established standard will be used to determine the number of courses or labs a
				  retiree may teach under the exception to loss of annuity provided by this
				  section. The equivalent clock hours computed under this subsection must be
				  equal to or less than the number of work hours authorized in subsection (a) of
				  this section for the retiree to be considered as working on a one-half time
				  basis.
(d) Employment as an
				  instructor of continuing education, adult education, or classes offered to
				  employers or businesses for employee training, that is not measured or
				  expressed in terms of the number of courses; semester or course hours/credits;
				  or instructional units or other units of time rather than clock hours and for
				  which the students or participants do not receive college credit, must be
				  counted based on the number of clock hours worked.
(e) A disability retiree may not be employed
				  on as much as a one-half time basis under this section for more than 90 days in
				  a school year. A disability retiree who works more than 90 days on as much as
				  one-half time basis 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.
(f) 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.