Can I do unlimited clinics for school districts after 1 sit out 30 days once I retire? Is there a limit on how many I can do a month? Does anyone have insight on this that has recently retired. I seem to be getting a variety of answers from friends and TRS.
You are subject to the terms of EAR if the entity paying you contributes to TRS, which means that if you do a one hour clinic that will count as a full day towards half-time employment and you cannot work more than half-time. You can do unlimited work if you are being paid by another institution such as a booster club. Devise your best case scenario and call TRS.
certainly call trs for confirmation of any advice I give in regards to this situation.
Here is my simple explanation (been at it for 5 years)
If you are hired as a W2 employee then you must wait out the correct amount of time in order to be employed. In my case...I worked with Chris Cooper as his assistant at Reagan County in Big Lake one semester. I had to make sure my 12 months was completed.
If you are doing clinics and are contract labor (you receive a 1099 to report the tax) and you are not "replacing an employee" then you are unlimited in what you can do in terms of hours and numbers of clinics. The key is 1099 and you are a clinician and not doing the job of what would be an employee...you are a consultant. Just make sure to pull out 20 percent of each check to cover income tax!
I don't know about lessons paid by the school or if the funds are funneled through the school. I have never dealt with that scenario.
If you are substitute teaching then you are good to go after 30 day after your official retirement date. I didn't sub much, but the school district told me it was unlimited for me in terms of days per year.
The following is solid advice and you can count on it.....Do not believe what the school district tells you. They don't always have the correct answer and sometimes will tell you what they need to in order to employ you! Always check with TRS in Austin. They are actually very helpful. At least they were when I kept calling with questions.
Another bit of info, if possible I would communicate with TRS through email. It's more convenient for all involved and you will have a paper trail!
This is an excellent post. I will add that if you are substituting and are paid for another service by the school district, your substituting becomes subject to the EAR restrictions and you cannot exceed half-time that month (including your sub days).
Second answer - There are rules and limits. I do remember when I retired (eight years ago - stuff may have changed) that there was something in the literature about retire rehire, half time/full time, etc about this. Specifically addressing the 'loophole' some had tried to exploit (read 'some' as 'coaches') of getting around the halftime restriction and the ISD penalty for paying a nonTRS 'teacher' by hiring them as a private consultant...who was in the weight room all day supervising strength and conditioning (for example). TRS specifically said this was a no no. Didn't just apply to the extreme I mentioned.
Short answer - TRS sees this as trying to work around the retire/rehire regulations. There are rules and limitations.
Found it - from the "Employment After Retirement - How It Works For You" on the TRS website. It is a brochure. EAR is 'employment after retirement' and is explained in detail.
From the brochure:
Volunteering and Independent Contractor Services
If you perform work as an independent contractor or volunteer for a TRS-covered employer during the first 12 consecutive- calendar months after your effective retirement date and that work would normally be done by an employee, you will be considered an employee instead of a volunteer or independent contractor. This means your work will be subject to the EAR restrictions. Therefore, if you’re a service retiree who retired after Jan. 1, 2021 or a disability retiree, this could cause you to forfeit your annuity if your work does not qualify for an EAR exception. Furthermore, your work will restart your 12-month break in service required to be eligible for full-time employment without restrictions.
After the first 12 months following your retirement, you may volunteer or work as an independent contractor for a TRS- covered employer, without being subject to the EAR restrictions, if you meet all the legal requirements for volunteering or working as an independent contractor.
Working for a Third-Party Entity
A third-party entity is an entity retained by a TRS-covered employer to provide personnel to the institution to perform duties or provide services that an employee of the institution would normally perform or provide. If a TRS retiree is employed by a third-party entity and the retiree performs services for or on behalf of a TRS-covered employer, the retiree will be considered employed in Texas public education for the purpose of EAR. This means the retiree’s work for the third-party entity will be subject to the EAR restrictions. Any employment with a third-party entity will also restart a retiree’s 12-month break in service required to be eligible for full-time employment without restrictions.
