Chapter 4 - Personnel
Publication Date: December 20, 2010
Responsible Executive: VP for Business Affairs
4.13 Retirement and Modified Service
It is the policy of The University of Texas at San Antonio (UTSA) that there shall be no mandatory retirement age except as permitted by law in accordance with Texas Labor Code 21.101. UTSA may hire an individual that has retired under the Teacher Retirement System of Texas (TRS) or the Optional Retirement Program (ORP), in accordance with Texas Education Code Section 51.964 and Board of Regents Rule 30301.
This policy provides guidance for staff employees and faculty who return to work at UTSA after retirement.
This policy applies to all retired staff and faculty.
WEBSITE ADDRESS FOR THIS POLICY
RELATED STATUTES, POLICIES, REQUIREMENTS OR STANDARDS
UTSA or UT System Policies or the Board of Regents' Rules and Regulations
If you have any questions about HOP policy 4.13, Retirement and Modified Service, please contact the following office:
Optional Retirement Program (ORP)
Defined contribution plan governed by Internal Revenue Code Section 403(b). Retirement benefits are based on the performance of the investments selected and controlled by the employee.
Withdrawal from employment with the UT System or any of the institutions with a retirement benefit or enrollment in retiree health insurance.
The Teacher Retirement System of Texas (TRS)
Defined benefit retirement plan governed by Internal Revenue Code Section 401(a). Retirement benefits are based on legislatively determined formulas.
- Understands the effect of reemployment on retirement benefits
- Follows the guidelines established by the individual’s retirement plan
- Notifies Human Resources and the Vice Provost for Academic and Faculty Support of intent to hire a UT System Retiree
Retired employees that return to work after retirement will need to follow the terms of their individual retirement plan so that retirement benefits are not affected. For information on retirement plans and benefits visit the UT System Office of Employee Benefits (OEB) Retirement Programs.
In accordance with Texas Education Code Section 51.964, an institution of higher education may employ a person who has retired under the Teacher Retirement System (Texas Government Code, Title 8, Subtitle C) or the Optional Retirement Program (Texas Government Code, Title 8, Subtitle C, Chapter 830) if:
- The governing board of the institution determines that the employment is in the best interests of the institution.
- The person has been retired for at least 30 days before the effective date of the employment, except that a person retired under the optional retirement program may be rehired after retirement without a break in service.
- The governing body may pay a person employed under this section an amount considered by the governing board to be appropriate, notwithstanding any other provision of the law.
- The duties and work load of an individual on modified service shall be in accordance with policies and procedures of the UT System and UTSA.
- Restrictions. Faculty appointment to modified service shall be without tenure, and for not more than one academic year. The notice provisions of Rule 31002, Section 1 of the Regents’ Rules and Regulations shall not apply to nonrenewal of such appointments. If the UT System or any of the institutions determines that it is in the best interest of the UT System, it may offer reappointment to modified service. Requests to offer reappointment must be submitted to the Vice Provost for Academic and Faculty Support for approval.