| (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.
(b) The amount in subsection (a)(2) of this section
shall only include all compensation earned by the service retiree
based on the service retiree's employment with a Texas public educational
institution during a month subject to the second EAR warning regardless
of when such an amount is paid to the service retiree. The amount
shall not include:
(1) compensation paid to the service retiree during
the applicable months unless the service retiree also earned the compensation
based on the service retiree's employment with a Texas public educational
institution during a month subject to the second warning;
(2) compensation earned by the service retiree in a
position that qualifies for the exception under §31.16 of this
title (relating to Federally-funded COVID-19 Personnel); and
(3) compensation paid to the service retiree that would
not qualify as creditable compensation if paid to an active member
by an employer for the same services.
(c) A service retiree may elect to pay the greater
of the two amounts described by subsection (a) of this section. If
a retiree elects to pay the greater amount, the retiree must notify
TRS of this election in writing.
(d) If an employer adjusts the compensation earned
by a service retiree in a month subject to a second EAR warning payment
under this section but does not adjust the hours or days worked by
the retiree relating to that compensation, the amount due shall be
adjusted for that payment, and TRS shall request or return any amounts
necessary to correct the payment so long as the adjustment is received
no later than 12 months after the end of the school year in which
the compensation was earned.
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