| (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.
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