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AGE DISCRIMINATION PROHIBITED

The Board shall not require the retirement of any employee on the basis of age.

29 U.S.C. 631

MEMBERSHIP IN RETIREMENT SYSTEM

All employees of TSBVI, including both employees who have and have not retired under the ERS system, shall be members of the Employees Retirement System (ERS) of Texas.

Gov’t. Code 812.003

CONTRIBUTION TO ERS RETIREMENT FUND

A TSBVI employee who has not retired under ERS must make a contribution of 9.5% of the employee’s gross monthly salary to the ERS retirement fund.

Gov’t. Code 815.402

A TSBVI employee who has retired under ERS is not required to make a contribution to the ERS retirement fund.

Gov’t. Code 812.201

EMPLOYING RETIRED STATE EMPLOYEES

Certification of “No Promise of Employment”

At the time of employment, a retiring member of ERS must certify that the member has no commitment from the employee’s present employer to be rehired. 

90 Day Waiting Period

A state employee who retires under the ERS system on or after May 31, 2009, may not return to work as a state employee before the 90th day after the date of the retiree's original retirement.

Gov’t. Code 812.205

STATE AGENCY PAYMENT TO ERS FOR REHIRED RETIREES

A state agency that, on or after September 1, 2009, rehires any person who has retired under ERS is required to pay to ERS an amount equal to the amount of the state contribution that the agency would pay for an employee who had not retired under ERS.

Gov’t. Code 812.206

The School may hire a person who has previously retired from state employment under the Employees Retirement System (ERS) as a regular, temporary or substitute employee.

If a retiree applies, the retiree does not have an “entitlement” to the position.  The retiree will apply and compete for the position against all other applicants.  The applicant pool might include both internal applicants (i.e., current employees seeking a promotion or different position) and external applicants (including the retiree). 

REHIRING PERSONS PREVIOUSLY EMPLOYED UNDER PROFESSIONAL EMPLOYMENT CONTRACT

An employee hired under a professional employment contract who retires after the term of the contract is eligible for rehire.

Authority to Rehire Retired Contract Employees

The prohibition applicable to a state agency against rehiring a former or retired employee of the agency under a professional employment contract before the first anniversary of the last date on which the individual was employed by the agency is not applicable to the School. 

Gov’t. Code 2252.001; Educ. Code 30.024(b) 

Effective October 1, 2009, an employee hired under a professional employment contract who terminates the contract within the contract term is not eligible to be rehired at TSBVI during the contract term. 

Employment as a Regular Employee After Retirement

An employee who retires from the School may apply as an external applicant for any available position and will compete for selection along with, and in the same manner as all other applicants.  A retiree may not apply for positions available only to internal applicants.

If the applicant pool for any position includes a retired employee, the selection process may include consideration of 1) the monthly payment to ERS that TSBVI would be required to pay if the applicant is selected; and 2) the first date that the applicant is able to start in the position.

Adopted:          6/8/79

Amended:        1/11/80, 3/12/82, 9/9/83, 1/23/87, 9/15/88, 11/18/94, 11/17/95, 3/31/98, 3/26/02, 9/25/09, 8/9/18

Reviewed: