| (a) If a disability retiree earned compensation in
excess of the applicable limit in §31.31(c) of this title (relating
to Disability Retiree Report of Excess Compensation) in a calendar
year for which a report is due, the disability retiree's annuities
shall be forfeited in accordance with this section, beginning with
the annuity payable for May of the calendar year following the year
for which the report is due.
(b) A forfeiture of annuity payments under this section
shall continue until the disability retiree submits a new report to
TRS showing that the compensation has ceased or decreased sufficiently
that it will no longer exceed the applicable limit. TRS will resume
annuity payments following the receipt of the retiree's new report.
Annuity payments shall be resumed no earlier than the payment for
the calendar month following the month in which the compensation ceased
or decreased. An annuity payment is not due for a month in which a
disability retiree earns compensation that caused the annuity for
the month to be forfeited prior to the retiree's new report, even
if the total compensation for the calendar year is below the applicable
limit in §31.31(c) of this title.
(c) A disability retiree who forfeits one or more annuities
from TRS is also required to pay the total monthly cost of TRS-Care
coverage as described in §41.5(f) of this title (relating to
Payment of Contributions).
(d) Annuity payments are forfeited for a disability
retiree who is required to file a report but fails to do so or for
a disability retiree who fails to report all compensation required
to be reported, beginning with annuity payments for the month following
the month in which TRS discovers the failure.
(e) Nothing in this section shall be construed to prevent
TRS from collecting the gross amount of ineligible annuity payments
if TRS determines that a disability retiree knowingly failed to report
compensation as required and the failure resulted in payment of annuities
by TRS that the disability retiree was not eligible to receive.
(f) Forfeiture of annuity payments under this section
shall not extend the guaranteed period of annuity payments, if the
disability retiree elected a payment option described under Government
Code §824.308(c)(3) or (4).
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