| (a) A service retiree is not subject to the warning,
payment, and forfeiture requirements of §31.4 of this title (relating
to Employment Resulting in the Forfeiture of Retirement Annuity) if
the service retiree is employed by a Texas public educational institution,
other than an institution of higher education, in a position performing
duties related to the mitigation of student learning loss attributable
to the coronavirus disease (COVID-19) pandemic, if the position:
(1) is in addition to the normal staffing level at
the Texas public educational institution;
(2) is funded wholly by federal funds provided under
federal law enacted for the purpose of providing relief related to
the coronavirus disease (COVID-19) pandemic, including the Coronavirus
Aid, Relief, and Economic Security (CARES) Act (15 U.S.C. Section
9001 et seq.), Coronavirus Response and Relief Supplemental Appropriations
Act, 2021 (Div. M, Pub. L. No. 116-260), or American Rescue Plan Act
of 2021 (Pub. L. No. 117-2); and
(3) ends on or before December 31, 2024.
(b) A position ends on or before December 31, 2024,
if the position no longer exists after that date or if the position
is no longer funded with the above-described federal funds after that
date.
(c) This exception does not apply to disability retirees.
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