Tex. Gov't Code Section 659.126
Loss of Eligibility to Receive Benefit Replacement Pay

(a)

An eligible state employee who leaves state employment after August 31, 1995, for at least 30 consecutive days, on returning to state employment or on assuming a state office, is ineligible to receive benefit replacement pay.

(b)

An eligible state-paid judge who leaves office after August 31, 1995, for at least 30 consecutive days, on return to state office or on accepting a state employment, is ineligible to receive benefit replacement pay.

(c)

For purposes of Subsection (a), a state employee is not considered to have left state employment:

(1)

while the state employee is on an unpaid leave of absence as provided by Section 661.909 (Leave Without Pay; Leave of Absence); or

(2)

during a period of time the employee is not working for the state because the employee’s employment with the state customarily does not include that period of time, such as a teacher whose employment does not invariably include the summer months.

(d)

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 service as a state officer or state employee in a public retirement system, as defined by Section 802.001 (Definitions), that was credited to the state employee is ineligible to receive benefit replacement pay.
Added by Acts 1995, 74th Leg., ch. 417, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 13.04, eff. September 1, 2005.

Source: Section 659.126 — Loss of Eligibility to Receive Benefit Replacement Pay, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­659.­htm#659.­126 (accessed Jun. 5, 2024).

659.001
Equal Work, Equal Pay 659.002
Deductions 659.003
Officer May Decline Remuneration 659.004
Payroll and Personnel Reporting 659.005
Witness Fees 659.006
Adjustment for Inaccurate Payment 659.011
Salaries Set in Appropriations Act 659.012
Judicial Salaries 659.013
Statutory Salaries Suspended 659.014
Suspended Laws Continued in Effect 659.015
Overtime Compensation for Employees Subject to Fair Labor Standards Act 659.016
Overtime Compensation for Employees Not Subject to Fair Labor Standards Act 659.017
Overtime Compensation for Legislative Employees 659.018
Compensatory Time: Place Where Work Performed 659.019
Part-time and Hourly Employment 659.020
Salary Supplementation 659.021
Administrative Head of Agency 659.022
Use of Compensatory Time Before Lapsing 659.023
Compensatory Time Policy 659.024
Compensatory Time for Persons Governing State Agencies 659.025
Use of Compensatory Time by Certain Emergency Services Personnel 659.031
Definition 659.032
Per Diem Entitlement 659.033
Statutory Per Diem Suspended 659.041
Definitions 659.042
Exclusions 659.043
Entitlement 659.044
Amount 659.045
Change in Status 659.046
Accrual of Lifetime Service Credit 659.047
Comptroller Rules 659.061
Expenses of Employees Injured or Killed While on Duty 659.081
Payment Once a Month 659.082
Payment Twice a Month 659.083
Payday 659.084
Electronic Funds Transfer 659.085
Determining Amount of Monthly or Hourly Pay 659.101
Definition 659.102
Deduction for Supplemental Optional Benefits Program 659.103
Deduction to Credit Union 659.104
Authorization 659.105
Form and Manner 659.106
Duration 659.107
Authorization Voluntary 659.108
Withholding of Administrative Fee 659.109
Allocation of Administrative Fees 659.110
Rules 659.121
Definitions 659.122
Inclusion of Benefit Replacement Pay 659.123
Amount of Benefit Replacement Pay 659.124
Amount of Benefit Replacement Pay for Higher Education Employees 659.0125
Salary for District Judge or Retired Judge Presiding over Multidistrict Litigation 659.125
Paying Benefit Replacement Pay in Equal Installments 659.126
Loss of Eligibility to Receive Benefit Replacement Pay 659.127
Administration 659.131
Definitions 659.132
Deduction Authorized 659.133
Voluntary Participation 659.134
Designation of an Eligible Charitable Organization 659.135
Confidentiality 659.136
Revocation or Change of Authorization 659.137
Duration of Deduction 659.138
Time of Campaign 659.139
Fair and Equitable Management of Campaign 659.140
State Employee Charitable Campaign Policy Committee 659.141
State Campaign Manager 659.142
State Employee Charitable Campaign Advisory Committee 659.145
Terms of Committee Members 659.146
Eligibility of Charitable Organizations in General 659.147
Eligibility of Charitable Organizations for Local Participation 659.148
Fees 659.149
Fund-raising Practices 659.150
Limitation on the Use of Contributions 659.151
Misapplication of Contributions 659.153
Legal Representation 659.0155
Payment to Employees of Texas Department of Criminal Justice for Overtime 659.0201
Gifts, Grants, and Donations for Salary Supplement 659.201
Definition 659.202
Payroll Reduction or Deduction Authorized 659.203
Form and Manner 659.204
Change 659.205
Status of Deduction or Salary Reduction 659.251
Applicability 659.252
Definition 659.253
Transfer Within Agency from Exempt to Classified Position 659.254
Classified Position Reallocated or Reclassified to Different Salary Group 659.255
Merit Salary Increases 659.256
Promotions 659.257
Demotions 659.258
Salary Reduction for Disciplinary Reasons 659.259
Salary Limited to Maximum Group Rate 659.260
Temporary Assignment 659.261
Salary Cap 659.262
Additional Compensation for Certain Classified State Employees 659.263
Administration 659.301
Definitions 659.302
Entitlement to Receive Hazardous Duty Pay 659.303
Texas Juvenile Justice Department Employees 659.304
Ineligibility to Receive Hazardous Duty Pay 659.305
Amount of Hazardous Duty Pay 659.306
Responsibility for Paying Hazardous Duty Pay 659.307
Service Credit 659.308
Administration 659.0411
Appointments at State Institutions of Higher Education 659.0445
Longevity Pay for State Judges and Justices 659.1031
Deduction of Membership Fees for Eligible State Employee Organizations 659.1311
Public Junior Colleges 659.1401
Grounds for Removal from State Policy Committee 659.1402
Training for State Policy Committee Members 659.2531
Transfer Within Agency Between Classified Positions Allocated to Same Salary Group 659.2532
Transfer Within Agency Between Classified Positions with Same Position Title When Employee Is Competitively Selected 659.2551
Performance Linked to Agency Goals
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 659.126’s source at texas​.gov