87(R) SB 288 - Enrolled version - Bill Text

	S.B.  No.  288

	AN ACT
	relating to preventing the loss of benefits of and the payment of
	certain employer contributions for certain retirees of the Teacher
	Retirement System of Texas who resume service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION  1.    Section 824.601, Government Code, is amended by
	amending Subsection (b) and adding Subsection (b-3) to read as
	follows:
	(b)    Except as provided by Subsection (b-1) or Section
	824.602 and subject to Subsection (b-2) and, if applicable,
	Subsection (b-3), a retiree is not entitled to service or
	disability retirement benefit payments, as applicable, for any
	month in which the retiree is employed in any position by a Texas
	public educational institution.
	(b-3)    A retiree under Section 824.202 is subject to
	Subsection (b) only if the retirement system first issues the
	following notices to the retiree:
	(1)    with respect to the first occurrence of the
	retiree's employment that does not qualify for an exception under
	Section 824.602, the system issued a written warning notifying the
	retiree of that fact; and
	(2)    in a month following the month in which the system
	issued the warning described by Subdivision (1) and with respect to
	a subsequent occurrence of the retiree's continued employment that
	does not qualify for an exception under Section 824.602, the system
	issued a written notice:
	(A)    warning the retiree of the fact described by
	this subdivision; and
	(B)    requiring the retiree to pay to the system,
	in a form and manner prescribed by the system, an amount, as elected
	by the retiree, that equals the total sum the retiree:
	(i)    earned for all employment by Texas
	public educational institutions for each month occurring after the
	issuance of the warning under Subdivision (1) for which the retiree
	did not qualify for an exception under Section 824.602 and before
	the month the system issued the written notice described by this
	subdivision; or
	(ii)    received in retirement benefit
	payments for each month occurring after the issuance of the warning
	under Subdivision (1) for which the retiree did not qualify for an
	exception under Section 824.602 and before the month the system
	issued the written notice described by this subdivision.
	SECTION  2.    Subchapter G, Chapter 824, Government Code, is
	amended by adding Section 824.6021 to read as follows:
	Sec.  824.6021.    TEMPORARY EXCEPTION TO MITIGATE LEARNING
	LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC. (a) Subject to Section
	825.506, the retirement system may not, under Section 824.601,
	withhold a monthly benefit payment if the retiree is employed in 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)    The exception provided by this section:
	(1)    is in addition to the exceptions otherwise
	provided by Sections 824.601 and 824.602; and
	(2)    does not apply to disability retirees.
	(c)    This section expires February 1, 2025.
	SECTION  3.    Section 825.308, Government Code, is amended to
	read as follows:
	Sec.  825.308.    STATE CONTRIBUTION ACCOUNT. The retirement
	system shall deposit in the state contribution account:
	(1)    all state contributions to the retirement system
	required by Section 825.404;
	(2)    amounts from the interest account as provided by