(a) A service retiree is not subject to the warning, payment, and forfeiture requirements of §31.4 of this title (relating to Employment Resulting in the Forfeiture of Retirement Annuity) if the service retiree is employed by a Texas public educational institution, other than an institution of higher education, in a position performing duties related to the mitigation of student learning loss attributable to the coronavirus disease (COVID-19) pandemic, if the position:
  (1) is in addition to the normal staffing level at the Texas public educational institution;
  (2) is funded wholly by federal funds provided under federal law enacted for the purpose of providing relief related to the coronavirus disease (COVID-19) pandemic, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act (15 U.S.C. Section 9001 et seq.), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2); and
  (3) ends on or before December 31, 2024.
(b) A position ends on or before December 31, 2024, if the position no longer exists after that date or if the position is no longer funded with the above-described federal funds after that date.
(c) This exception does not apply to disability retirees.

Source Note: The provisions of this §31.16 adopted to be effective November 1, 2021, 46 TexReg 6940