| (a) If, during a calendar month, a retiree works in
a position subject to more than one exception under this subchapter
or in multiple positions subject to different exceptions under this
subchapter and the retiree does not qualify for the twelve-month separation
exception under §31.14 of this title (relating to Full-time Employment
after 12 Consecutive Month Break in Service), TRS shall use the following
standards to determine whether the retiree's employment still meets
the requirements of each applicable exception or if the retiree is
subject to §31.4 of this title (Employment Resulting in Forfeiture
of Retirement Annuity) based on that employment.
(b) If a retiree combines substitute service under §31.12
of this title (relating to Substitute Service) with one-half time
employment under §31.13 of this title (relating to One-half Time
Employment) in a calendar month and the retiree's employment in either
position does not qualify for any other exceptions under this subchapter,
then the retiree may not work more than 11 days combined during that
month in the two or more positions.
(c) If, during a calendar month, a retiree works in
more than one position and each qualifies as one-half time employment
under §31.13 of this title and the retiree's employment in either
position does not qualify for any other exceptions under this subchapter,
then the retiree may not work more than 92 total hours in the combined
positions.
(d) If a disability retiree combines substitute service
under §31.12 of this title, one-half time employment under §31.13
of this title, or employment as a tutor under §31.15 of this
title (relating to Tutors under Education Code §33.913) in a
school year, each day worked under any of those three exceptions counts
toward the maximum of 90 days that a disability retiree may work under
any of the exceptions so that a disability retiree may never work
more than a total of 90 days combined under the three exceptions.
(e) If, during a calendar month, a retiree works more
than one-half time in a position that qualifies for the tutor exception
under §31.15 of this title, then the retiree may not work in
any other position for a Texas public educational institution without
being subject to the forfeiture requirements of §31.4 of this
title unless:
(1) the other position qualifies as substitute service
and all the retiree's employment under the tutor exception under §31.15
of this title also qualifies as substitute service; or
(2) the other position qualifies for the tutor exception
under §31.15 of this title or the COVID-19 position exception
under §31.16 of this title (relating to Federally-funded COVID-19
Personnel).
(f) If, during a calendar month, a retiree works in
a position that qualifies as substitute or as one-half time or less
employment and that position also qualifies for the tutor exception
under §31.15 of this title, then the retiree may combine work
in that position with any other work that qualifies under the substitute
exception under §31.12 of this title and one-half time employment
under §31.13 of this title provided the retiree's combined work
during the calendar month does not exceed the limits provided by subsection
(b) and (c) of this section, as applicable.
(g) If, during a calendar month, a service retiree
combines the federally-funded COVID-19 position exception under §31.16
of this title with employment under any other exception under this
subchapter, then the service retiree's employment under the federally-funded
COVID-19 position exception shall be accounted for separately from
the service retiree's employment under any other exception under this
subchapter. Hours or days worked under the federally-funded COVID-19
exception do not count toward or impact a retiree's employment under
any other exception under this subchapter.
(h) A service retiree employed under the twelve-month
separation exception under §31.14 of this title may be employed
up to full-time by one or more Texas public educational institutions
in one or more positions without limit under this section.
(i) If, during a calendar month, a retiree's position
qualifies for more than one exception under this subchapter other
than the federally-funded COVID-19 exception under §31.16 of
this title, the retiree's position shall be subject to all monthly
limits on that position under all applicable exceptions. If the limit
under the applicable exceptions conflict or if one exception is more
restrictive than the other, the least restrictive exception on a retiree's
employment after retirement shall apply. If a service retiree's employment
qualifies for the federally-funded COVID-19 exception under §31.16
of this title, it shall only be subject to the requirements of that
section.
(j) For the purposes of this section, a retiree who
works part of a day is considered to have worked the entire day.
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