Section 29.26 - Discontinuance of Disability Benefits(a) A disability retiree who is restored to active service shall immediately have benefits discontinued and the retiree shall again become a member of the retirement system. TRS shall notify the member in writing when benefits are discontinued.(b) A disability retiree is restored to active service in one of the following ways: (1) by certification of the medical board as provided in Government Code § 824.307(a);(2) by notifying TRS in writing of the retiree's intention to return to active service and actually returning to a position eligible for TRS membership;(3) by working longer than allowed under the one-time trial period allowed in Government Code § 824.602(g); or(4) by refusing to submit to a required medical examination or provide documents relating to a required examination for more than one year.(c) A person who retired under Government Code § 824.304(a) and returns to active service after receiving the maximum amount of benefits provided in subsection (a)(2) of that section begins a new membership in TRS. Service credit used to establish eligibility to retire and receive disability benefits is terminated and may not be re-established. Accumulated contributions in the disability retiree's member account at the time of retirement and attributable to service performed prior to disability retirement are forfeited.(d) A person who retired under Government Code § 824.304(a) and returns to active service before receiving the maximum amount of benefits provided in subsection (a)(2) of that section shall return to active membership in TRS and service credit used to establish eligibility to retire and receive disability benefits is restored. The accumulated contributions in the member account at the time of the disability retirement are reduced by the amount of benefits paid to the disability retiree and the member may again make member contributions on all eligible compensation received after membership is restored.(e) A person who retired under Government Code § 824.304(b) and returns to active service shall return to active membership in TRS and service credit used to establish eligibility to retire and receive disability benefits is restored. The accumulated contributions in the member account at the time of the disability retirement are reduced by the amount of benefits paid to the disability retiree and the member shall again make member contributions on all eligible compensation received after membership is restored.34 Tex. Admin. Code § 29.26
The provisions of this §29.26 adopted to be effective April 25, 1986, 11 TexReg 1746; amended to be effective September 1, 1992, 17 TexReg 5120; amended to be effective March 8, 2007, 32 TexReg 1087; amended to be effective April 1, 2011, 36 TexReg 1993