| (a) In this section, "substitute' means a retiree employed
by a Texas public educational institution and paid no more than the
daily rate of pay for substitutes as set by the employer to work:
(1) on a temporary basis in the place of a current
employee(s);
(2) in a vacant position for no more than 20 days if
the retiree was not the last person to hold the vacant position and
the retiree has not previously been employed in that vacant position
during the same school year; or
(3) on a temporary basis to monitor an in-person class
while the classroom teacher temporarily instructs the class virtually.
(b) A retiree may be employed in a month solely as
a substitute in a public educational institution without forfeiting
the annuity payment for that month.
(c) A retiree who reports for duty as a daily substitute
during any day and works any portion of that day shall be considered
to have worked one day.
(d) A disability retiree may not be employed as a substitute
under this section for more than 90 days in a school year. A disability
retiree who works more than 90 days in a substitute position 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 institution.
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