| (a) A service retiree may be employed in any capacity
in Texas public education, including as much as full-time, if the
service retiree has been separated from service with all Texas public
educational institutions for at least 12 full, consecutive calendar
months after the retiree's effective date of retirement. The 12-month
separation period may be any 12 consecutive calendar months following
the month of retirement.
(b) During the separation period described by subsection
(a) of this section, the service retiree may not be employed in any
position or capacity by a public educational institution covered by
TRS, including in any position or capacity that would qualify for
an exception provided for in this subchapter. Paid time off, including
sick leave, vacation leave, administrative leave, and compensatory
time for overtime worked, is considered employment for purposes of
this subsection.
(c) A service retiree who is employed more than one-half
time for a Texas public educational institution will be subject to
the forfeiture requirements of §31.4 of this title (relating
to Employment Resulting in Forfeiture of Retirement Annuity) if the
retiree does not meet the separation requirements of this section
and the employment does not otherwise qualify for an exception under
this subchapter that permits the retiree to work full-time.
(d) The exception under this section does not apply
to disability retirees.
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