Retired State Employees Who Resume State Employment
Benefit Replacement Pay, Retiree Vacation Accruals and Longevity/BRP Exception

Benefit Replacement Pay

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 services as a state officer or state employee in a public retirement system, is ineligible to receive benefit replacement pay upon reemployment with the state.

Vacation Leave Accruals and Retirees

Vacation leave accruals for return-to-work retirees are based on retirement dates. An employee returning to state employment who retired from state employment on or after June 1, 2005, and who receives a state retirement annuity, accrues vacation leave based only on the employee’s length of service earned after the employee’s retirement date.

Exception

Employees who, between Sept. 1, 2021, and April 30, 2023, began receiving their ERS retirement annuity without separating from their employment, and who remain actively employed with no break in service, are not subject to the limitations described above. If otherwise eligible, these employees retain their entitlement to longevity pay and benefit replacement pay, and their leave accruals are not affected due to receiving a retirement annuity. However, neither the employee nor the employer is required to make any retirement contributions.

Source

Texas Government Code, Sections 659.044(f), 659.042, 659.126(d), 661.152(l), 812.201, 812.202, 812.205, 812.206, 824.602, 825.4092.