DEG (TSBVI) - COMPENSATION AND BENEFITS: RETIREMENT PROGRAM

The Board shall not require the retirement of any employee on the basis of age. 29 U.S.C. 631

RETIREMENT SYSTEM

All employees of TSBVI shall be members of the Employees Retirement System of Texas.

EXCEPTION

Any person receiving a service retirement benefit under the Employees Retirement System of Texas who is employed by the State shall not be required, nor permitted, to make further contributions to the system.

EMPLOYMENT AFTER RETIREMENT

An employee who retires from the School may return to employment only under the following circumstances:

  1. As a temporary, or substitute, employees (See DPB)

  Or

  1. As a regular employee provided that the employee applies for the position competitively as an external applicant.   A retiree may not apply for positions available only to internal applicants.

POSITION POSTING REQUIREMENT

At any time the School has an employment opening for which persons from outside the School will be considered, the School shall list the opening with the Texas Workforce Commission.

Government Code 656.001

CONTRACTING WITH FORMER EMPLOYEES

The School may not enter into an employment contract, a professional services contract under Government Code Chapter 2252, or a consulting services contract under Government Code Chapter 2254 with a former or retired employee of the School before the first anniversary of the last date on which the individual was employed by the School, if appropriated money will be used to make payments under the contract.

The School is not prohibited from entering into a professional services contract with a corporation, firm, or other business entity that employs a former or retired employee of the School within one year of the employee’s leaving the School, provided that the former or retired employee does not perform services on projects for the corporation, firm, or other business entity that the employee worked on while employed by the School.

Government Code 2252.901

The School is not restricted from hiring retirees and former employees to positions as at-will employees or from renewing the employment contract of staff who have yearly contracts.

See Comptroller of Public Accounts Notice to State Agencies FM 98-05, 9/12/97

Adopted: 6/8/79
Amended: 1/11/80, 3/12/82, 9/9/83, 1/23/87, 9/15/88, 8/26/94, 11/18/94, 11/17/95, 3/31/98, 3/26/02
Reviewed:

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