Senate Bill 1669, recently passed by the Texas Legislature, changes the employment after retirement limits for TRS service retirees. For members who retire after January 1, 2011, full-time employment now requires a 12-consecutive-month-break in service after retirement or the retiree forfeits the monthly annuity for each month in which that work occurs. For those who retired before January 1, 2011, a service retiree may work in any capacity without loss of annuities after a one-month break in service. This bill is effective immediately
Service retirees who retired before January 1, 2011 may work as early as this summer in Texas public education in any capacity without loss of monthly annuities. Surcharge requirements for employers still apply to the employment of retirees who retired after September 1, 2005 and are working in TRS-eligible positions.
Retirees who retired after January 1, 2011 may return to work after serving the required one-full-calendar-month break in service as substitutes and in one-half time positions without forfeiting the monthly annuity. These retirees may work full-time only after serving a 12-full-consecutive-calendar-month break in service. A retiree who returns to work in a full-time position without serving the required 12-full-consecutive-calendar-month break in service forfeits the monthly annuity for each month in which work occurs.
The new law did not change the requirement that ALL retirees must serve a one-full-calendar-month break in service after retirement before returning to work with a TRS-covered employer. A retiree who returns to work in any capacity without serving the required one-full-calendar-month break in service revokes retirement. Also, the law did not change the requirement that early age retirees may not negotiate for any employment with a TRS-covered employer until after the one-full-calendar-month break in service required for all retirees. Normal age retirees may not negotiate for full-time employment until after the one-full-calendar-month break in service unless the full-time employment begins after a 12 full calendar month break in service after retirement.
TRS will provide additional information on the changes to employment after retirement opportunities through posted rule changes, FAQs, and TRS News articles. Before making any decisions on working after retirement, please watch the TRS website to get the most up-to-date information about employment after retirement, or contact TRS.