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RULE §31.36 Forfeiture of Disability Retirement Annuity Payments Due to Excess Compensation

Published: 2015

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(a) If a disability retiree earned compensation in excess of the applicable limit in §31.35(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 §31.35(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).

Source Note: The provisions of this §31.36 adopted to be effective March 27, 2008, 33 TexReg 2552