Texas Government Code 659.126 – Loss of Eligibility to Receive Benefit Replacement Pay
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(a) An eligible state employee who leaves state employment after August 31, 1995, for at least 30 consecutive days, on returning to state employment or on assuming a state office, is ineligible to receive benefit replacement pay.
(b) An eligible state-paid judge who leaves office after August 31, 1995, for at least 30 consecutive days, on return to state office or on accepting a state employment, is ineligible to receive benefit replacement pay.
Terms Used In Texas Government Code 659.126
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
(c) For purposes of Subsection (a), a state employee is not considered to have left state employment:
(1) while the state employee is on an unpaid leave of absence as provided by § 661.909; or
(2) during a period of time the employee is not working for the state because the employee’s employment with the state customarily does not include that period of time, such as a teacher whose employment does not invariably include the summer months.
(d) An eligible state employee who retired from state employment on or after June 1, 2005, and who receives an annuity based wholly or partly on service as a state officer or state employee in a public retirement system, as defined by § 802.001, that was credited to the state employee is ineligible to receive benefit replacement pay.