| (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.
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