Section 123.3 - Return to Work(a) Section 852.108(a) of the Act is interpreted to mean that a person's reemploying municipality is the municipality for which the person most recently performed creditable service before the person's retirement with respect to a particular individual account of the person under the Act. (b) When the system discontinues and suspends the payment of a service retirement annuity pursuant to §852.108(c) of the Act, the full amount of the monthly payments of the service retirement annuity that is allowed because of the person's retirement from the reemploying municipality (including any portion of the annuity that may be attributable to creditable service as a prior employee of a participating municipality(ies) other than the reemploying municipality) shall be suspended. (c) If a person is receiving more than one service retirement annuity because the person has a retirement with respect to more than one individual account, only the retirement annuity that is allowed because of the person's retirement from the reemploying municipality (including any portion of the annuity that may be attributable to creditable service as a prior employee of a participating municipality(ies) other than the reemploying municipality) shall be suspended as a result of returning to work for that reemploying municipality. (d) For purposes of §852.108(h)(2) of the Act, the basic annuity determined pursuant to §852.108(h)(2)(A) of the Act is actuarially determined from the sum of the member's contributions made and accumulated since the date the person last became a member, together with interest accumulated on that amount since the person last became a member and an amount from the benefit accumulation fund equal to the amount of the member's contributions credited to the member's individual account since the person last became a member together with interest accrued on that amount since the person last became a member. (e) For purposes of clarification, §852.108(i) of the Act applies only in the event that, under §852.108(h) of the Act, a person selects a benefit payable as an annuity pursuant to §852.108(h)(2) of the Act and does not apply in the event that the person selects a refund of accumulated contributions pursuant to §852.108(h)(1) of the Act. (f) For purposes of §852.108(j)(2) of the Act, at least eight consecutive years must have passed since the person's most recent effective retirement date from the reemploying municipality before the person resumes employment with the reemploying municipality.34 Tex. Admin. Code § 123.3
The provisions of this §123.3 adopted to be effective January 22, 2001, 26 TexReg 982; Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8172, eff. 11/19/2020