Benefit Replacement Pay for State Agencies
(Other Than Institutions of Higher Education)
Return-to-Work Retirees and More Information
Eligible state employees who retired from state employment on or after June 1, 2005, and who receive an annuity based wholly or partly on service as a state officer or state employee in a public retirement system will be ineligible to receive BRP on reemployment with the state. Retirement from state employment includes retirement under the Teacher Retirement System of Texas, the Employees Retirement System of Texas and an optional retirement program.
Eligible employees who retired before June 1, 2005, must have returned to work before Sept. 30, 2005, to remain eligible for BRP.
Examples of Return-to-Work Retirees’ Eligibility for BRP
| Retirement Date | Return-to-Work Date | Eligible for BRP Effective Sept. 1, 2005 |
|---|---|---|
| 5/31/2005 | 7/1/2005 | Yes |
| 6/30/2005 | 8/1/2005 | No |
| 1/31/2005 | 8/1/2005 | Yes |
| 1/31/2004 | 9/1/2004 | Yes |
| 8/31/2005 | 10/1/2005 | No |
Additional Resources
For more information on the history and administration of BRP, see Benefit Replacement Pay (BRP) Leveling Election (FPP F.035).
Historical Note
This guidance was first issued December 1994 and has remained essentially the same since then. It has been updated as laws have changed, such as the effect on BRP eligibility by length of termination and by retirement.
Source
Texas Government Code, Sections 606.061(3), 659.121, 659.123, 659.125, 659.126, 659.127, 811.001(7).