HBA-SEB C.S.H.B. 1702 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1702 By: Delisi Pensions and Investments 4/26/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, Texas is experiencing a teacher shortage. In order to alleviate this shortage and to attract experienced teachers, C.S.H.B. 1702 prohibits the Teacher Retirement System of Texas from withholding a retired educator's monthly benefit if the educator decides to return to the classroom to teach a subject area in which the educator is properly certified in an acute shortage area, the retiree's annuity has not been reduced due to retirement at an early age, and the retiree has not taught in the public school system for at least 12 months. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 824.602(a), Government Code, to prohibit the Teacher Retirement System of Texas (TRS), subject to Section 825.506 (Plan Qualification), from withholding a monthly benefit payment under Section 824.601 (Loss of Monthly Benefits) if the retiree is employed in a Texas public educational institution as a substitute, in a position other than a substitute on no more than a one-half time basis, in certain full-time positions. Adds a provision which prohibits TRS from withholding a monthly benefit payment if the retiree has retired under Section 824.202(a) (regarding eligibility for service retirement) without reduction for retirement at an early age, is employed in a Texas public educational institution on as much as a full-time basis as a classroom teacher if the retiree is certified under Subchapter B, Chapter 21, Education Code (Certification of Educators), to teach the subjects assigned, is teaching in an acute shortage area as defined by the commissioner of education, and has been separated from service with all public schools for at least 12 months. Makes conforming changes. SECTION 2. Provides that this Act applies beginning with the 1999-2000 school year. SECTION 3.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the original in SECTION 1 by amending Section 824.602(a), Government Code, to add a provision that prohibits TRS from withholding a monthly benefit payment from a retiree, subject to Section 825.506, Government Code (Plan Qualification). The substitute also adds conditions for a retiree who returns to the classroom on as much as a full-time basis in an acute shortage area to teach a subject area in which the retiree is certified if the retiree is to continue receiving monthly benefit payments. The substitute adds that the retiree must have retired under Section 824.202(a) without reduction for retirement at an early age and must have been separated from service with all public schools for at least 12 months.