reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter A. General Provisions › Section 821.008. Purpose of Retirement System

Sec. 821.008.  PURPOSE OF RETIREMENT SYSTEM.  (a)  The purpose of the retirement system is to invest and protect funds of the retirement system and to deliver the benefits provided by statute, not to advocate or influence legislative action or inaction or to advocate higher benefits.
(b)  This section does not prohibit comments by an employee of the retirement system on federal laws, regulations, or other official actions or proposed actions affecting or potentially affecting the retirement system that are made in accordance with policies adopted by the board.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 3, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter A. General Provisions › Section 821.009. Certain Contracts for Health Care Purposes; Review by Attorney General

Sec. 821.009.  CERTAIN CONTRACTS FOR HEALTH CARE PURPOSES; REVIEW BY ATTORNEY GENERAL.  (a)  This section applies to any contract with a contract amount of $250 million or more:
(1)  under which a person provides goods or services in connection with the provision of medical or health care services, coverage, or benefits; and
(2)  entered into by the person and the retirement system.
(b)  Notwithstanding any other law, before a contract described by Subsection (a) may be entered into by the retirement system, a representative of the office of the attorney general shall review the form and terms of the contract and may make recommendations to the retirement system for changes to the contract if the attorney general determines that the office of the attorney general has sufficient subject matter expertise and resources available to provide this service.
(c)  The retirement system must notify the office of the attorney general at the time the system initiates the planning phase of the contracting process.  A representative of the office of the attorney general or another attorney advising the agency under Subsection (d) may participate in negotiations or discussions with proposed contractors and may be physically present during those negotiations or discussions.
(d)  If the attorney general determines that the office of the attorney general does not have sufficient subject matter expertise or resources available to provide the services described by this section, the office of the attorney general may require the retirement system to enter into an interagency agreement or to obtain outside legal services under Section 402.0212 for the provision of services described by this section.
(e)  The retirement system shall provide to the office of the attorney general any information the office of the attorney general determines is necessary to administer this section.
Added by Acts 2005, 79th Leg., Ch. 1011 (H.B. 880), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter A. General Provisions › Section 821.010. Provision of Certain Information to Comptroller

Sec. 821.010.  PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.  (a)  Not later than June 1 of every fifth year, the retirement system shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, and date of birth of each member, retiree, and beneficiary from the retirement system's records.
(b)  Information provided to the comptroller under this section is confidential and may not be disclosed to the public.
(c)  The retirement system shall provide the information in the format prescribed by rule of the comptroller.
Added by Acts 2009, 81st Leg., R.S., Ch. 232 (S.B. 1589), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 47.02, eff. September 28, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter B. Penal Provisions › Section 821.101. Conversion of Funds; Fraud

Sec. 821.101.  CONVERSION OF FUNDS;  FRAUD.  (a)  A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts funds that represent deductions from a member's salary or that belong to the retirement system.
(b)  A person commits an offense if the person knowingly or intentionally makes or permits the making of a false record for or statement to the retirement system in an attempt to defraud the retirement system.
(c)  A member commits an offense if the member intentionally receives as a salary money that should have been deducted as provided by this subtitle from the member's salary.
(d)  A person commits an offense if the person knowingly or intentionally violates a requirement of this subtitle other than ones described by Subsection (a), (b), or (c).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 31.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter B. Penal Provisions › Section 821.102. Penalties

Sec. 821.102.  PENALTIES.  (a)  An offense under Section 821.101(a) or 821.101(b) is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than one nor more than five years.
(b)  An offense under Section 821.101(c) is a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(c)  An offense under Section 821.101(d) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 31.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.084, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 821 - General Provisions › Subchapter B. Penal Provisions › Section 821.103. Cancellation of Teacher Certificate

Sec. 821.103.  CANCELLATION OF TEACHER CERTIFICATE.  (a)  After receiving notice from the board of trustees of an offense under Section 821.101 and after complying with Chapter 2001 and rules adopted by the State Board for Educator Certification, the State Board for Educator Certification may cancel the teacher certificate of a person if the State Board for Educator Certification determines that the person committed the offense.
(b)  The executive director of the State Board for Educator Certification may enter into an agreed sanction.
(c)  A criminal prosecution of an offender under Section 821.101 is not a prerequisite to action by the State Board for Educator Certification or its executive director.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 31.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1229, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.001. Membership Requirement

Sec. 822.001.  MEMBERSHIP REQUIREMENT.  (a)  Membership in the retirement system includes:
(1)  all persons who were members of the retirement system on the day before the effective date of this subtitle;  and
(2)  all employees of the public school system.
(b)  Membership in the retirement system is a condition of employment for employees of the public school system unless an employee is excluded from membership under Section 822.002.
(c)  Membership in the retirement system may only be established through employment with a single employer on at least a half-time basis.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 201, Sec. 43, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1102 (H.B. 2974), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.0015. Optional Membership for Certain Officials

Sec. 822.0015.  OPTIONAL MEMBERSHIP FOR CERTAIN OFFICIALS.  (a)  In lieu of participating in the Employees Retirement System of Texas, the commissioner of education may elect to participate in the retirement system in the same manner and under the same conditions as a member who is an employee of the public school system.
(b)  An election by the commissioner of education to participate in the retirement system must be on a form prescribed by the retirement system for that purpose.
(c)  Notwithstanding Section 821.001, if the commissioner of education elects to participate in the retirement system, the State Board of Education is the employer of the commissioner for purposes of this subtitle.
Added by Acts 2003, 78th Leg., ch. 655, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.002. Exceptions to Membership Requirement

Sec. 822.002.  EXCEPTIONS TO MEMBERSHIP REQUIREMENT.  (a)  An employee of the public school system is not permitted to be a member of the retirement system if the employee:
(1)  is eligible and elects to participate in the optional retirement program under Chapter 830; or
(2)  has retired under the retirement system and has not been reinstated to membership pursuant to Section 824.005 or 824.307.
(b)  An employee of a public institution of higher education who is required to be enrolled as a student in the institution as a condition of employment is not permitted to be a member of the retirement system based on that student employment, and compensation paid to the employee for work performed as a student employee is not compensation subject to report and deduction for member contributions or to credit in benefit computations under Section 822.201.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 832, Sec. 2, eff. June 15, 1985;  Acts 1987, 70th Leg., ch. 61, Sec. 1, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.22, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1229, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.003. Termination of Membership

Sec. 822.003.  TERMINATION OF MEMBERSHIP.  (a)  A person terminates membership in the retirement system by:
(1)  death;
(2)  retirement;
(3)  withdrawal of all of the person's contributions while the person is absent from service;  or
(4)  not qualifying for service credit for five consecutive years.
(b)  Termination of membership under Subsection (a)(4) is effective on the first September 1 that occurs after the non-qualifying years.  If a person, regardless of age, has five or more years of service credit, failure to qualify for additional service credit does not terminate membership in the retirement system unless all of the person's contributions are withdrawn.
(c)  A person does not terminate membership under Subsection (a)(4) if the person:
(1)  is performing military service creditable in the retirement system;
(2)  is on leave of absence from employment in a public school;
(3)  is earning service credit in another retirement system covered by Chapter 803 or 805; or
(4)  is employed by an employer covered by the retirement system and is not eligible for membership in the retirement system because the person is employed on less than a half-time basis.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 835, Sec. 2, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(b), (m), eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 555, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1102 (H.B. 2974), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.004. Effect of Termination

Sec. 822.004.  EFFECT OF TERMINATION.  If a person terminates membership in the retirement system under Section 822.003(a)(3) or (a)(4), the retirement system shall cancel all of the person's service credit in the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.004 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.005. Withdrawal of Contributions

Sec. 822.005.  WITHDRAWAL OF CONTRIBUTIONS.  (a)  A person who is absent from service except by death or retirement may withdraw all of the accumulated contributions credited to the person in the member savings account.
(b)  An application to withdraw contributions under this section must be in writing and on a form prescribed by the board of trustees.
(c)  A person is not entitled to withdraw contributions if the person is employed, has applied for employment, or has received a promise of employment with an employer covered by the retirement system.
(d)  The retirement system shall adopt procedures to track and compile information of all applications filed under this section from the time an application is made until any warrant for the refund is issued by the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1118, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1102 (H.B. 2974), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 822 - Membership › Subchapter A. Membership › Section 822.006. Resumption of Membership After Termination

Sec. 822.006.  RESUMPTION OF MEMBERSHIP AFTER TERMINATION.  A person whose membership in the retirement system has been terminated and who resumes membership must enter the retirement system on the same terms as a person entering service for the first time and is not entitled to credit for previous or other terminated service unless it is reinstated under Section 823.501.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 32.006 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1229, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.001. Types of Creditable Service

Sec. 823.001.  TYPES OF CREDITABLE SERVICE.  The types of service creditable in the retirement system are:
(1)  prior service;
(2)  membership service;
(3)  military service;  and
(4)  equivalent membership service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.002. Service Creditable in a Year

Sec. 823.002.  SERVICE CREDITABLE IN A YEAR.  (a)  The board of trustees by rule shall determine how much service in any year is equivalent to one year of service credit, but in no case may all of a person's service in one school year be creditable as more than one year of service.  Service that has been credited by the retirement system on annual statements for a period of five or more years may not be deleted or corrected because of an error in crediting unless the error concerns three or more years of service credit or was caused by fraud.
(b)  A member shall notify the retirement system in writing of membership service that has not been properly credited by the retirement system on an annual statement.  The member must provide verification and make deposits as required by the retirement system before the service may be credited.  A member must notify the retirement system of the service in writing on or before the last day of the fifth school year after the end of the school year in which the service was rendered for the service to be credited.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 6, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 201, Sec. 44, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 7, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.003. Benefits Based on Service Credit

Sec. 823.003.  BENEFITS BASED ON SERVICE CREDIT.  Except as otherwise provided under the optional retirement program, years of service on which the amount of a benefit is based consist of the number of years of service credit to which a member is entitled.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.004. Computation of and Payment for Credit

Sec. 823.004.  COMPUTATION OF AND PAYMENT FOR CREDIT.  (a)  All credit for military service, out-of-state service, developmental leave, work experience in a career or technological field, and service transferred to the retirement system under Chapter 805 shall be computed on a September 1 through August 31 school year.  Payments for service described by this section must be completed:
(1)  not later than two calendar months after the later of the member's retirement date or the last day of the month in which the member submits a retirement application; and
(2)  before the later of the due date for the member's first monthly annuity payment or the date on which the retirement system issues the first monthly annuity payment to the member.
(b)  The retirement system by rule may establish an irrevocable employer pick-up of member contributions as described by Section 414(h)(2) of the Internal Revenue Code of 1986 (26 U.S.C. Section 414(h)(2)) for the purchase of any service credit authorized by law.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 7, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 3, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1122, Sec. 2, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1229, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 931 (S.B. 1664), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.005. Acceptance of Rollovers and Transfers From Other Plans

Sec. 823.005.  ACCEPTANCE OF ROLLOVERS AND TRANSFERS FROM OTHER PLANS.  Subject to rules adopted by the board of trustees, the retirement system shall accept an eligible rollover distribution or a direct transfer of funds from another qualified plan in payment of all or a portion of any deposit a member is permitted to make with the system for credit for service.  The rules adopted by the board shall condition the acceptance of a rollover or transfer from another plan on the receipt from the other plan of information necessary to enable the retirement system to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 7, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter A. General Provisions › Section 823.006. Limits on Annual Contributions for Purchase of Service Credit

Sec. 823.006.  LIMITS ON ANNUAL CONTRIBUTIONS FOR PURCHASE OF SERVICE CREDIT.  Notwithstanding any other provision of this subtitle, the retirement system may limit the purchase of service credit to the extent required by applicable limits on the amount of annual contributions a participant may make to a qualified plan under Sections 401(a) and 415(c), Internal Revenue Code of 1986.
Added by Acts 1999, 76th Leg., ch. 1540, Sec. 2, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 9, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter C. Establishment of Membership Service › Section 823.201. Current Membership Service

Sec. 823.201.  CURRENT MEMBERSHIP SERVICE.  (a)  Membership service is credited in the retirement system for each year in which a member is an employee and for which the member renders sufficient service for credit under Section 823.002 and makes and maintains with the retirement system the deposits required by this subtitle or prior law.
(b)  The board of trustees may adopt rules for the granting of membership service credit.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 202, ch. 18, Sec. 21, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.201 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter C. Establishment of Membership Service › Section 823.203. Membership Service for Optional Retirement Program

Sec. 823.203.  MEMBERSHIP SERVICE FOR OPTIONAL RETIREMENT PROGRAM.  A member may not establish service credit in the retirement system for any period when the member was participating in the optional retirement program under Chapter 830.
Added by Acts 1999, 76th Leg., ch. 1540, Sec. 3, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter D. Establishment of Military Service › Section 823.301. Creditable Military Service

Sec. 823.301.  CREDITABLE MILITARY SERVICE.  (a)  Except as provided by Section 823.101(2), military service creditable in the retirement system is active federal duty in the armed forces of the United States, other than as a student at a service academy, that was performed:
(1)  as a direct result of being inducted or of first enlisting for duty on a date when the federal government was actively inducting persons into the armed forces under federal draft laws;
(2)  as a reservist or member of the national guard who was ordered to duty under the authority of federal law;
(3)  during a time when the federal government was actively inducting persons into the armed forces under federal draft laws;  or
(4)  as a result of voluntarily entering on active duty.
(b)  A member may not establish more than five years of service credit in the retirement system under this subchapter for military service.  Service may be established in one-year increments except as otherwise provided by this subchapter.
(c)  The board of trustees may adopt rules expanding the military service creditable in the retirement system in order to comply with the requirements of federal law.
(d)  Military service that is terminated by sentence of a court-martial is not creditable under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 61, Sec. 3, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.301 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 1, eff. Nov. 12, 1991;  Acts 1997, 75th Leg., ch. 1416, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter D. Establishment of Military Service › Section 823.302. Military Service Credit

Sec. 823.302.  MILITARY SERVICE CREDIT.  (a)  An eligible member may establish service credit in the retirement system for military service performed that is creditable as provided by Section 823.301.
(b)  A member eligible to establish military service credit is one who has at least five years of service credit in the retirement system for actual service in public schools, except that a member meeting this condition does not qualify for insurance coverage under Chapter 1575, Insurance Code, until the member has 10 or more years of membership service credit.
(c)  A member may establish credit under this section by depositing with the retirement system for each year of military service claimed a contribution in an amount equal to:
(1)  the member's contributions to the retirement system during the most recent full year of membership service that preceded the military service, if the military service was performed while the person was a member of the retirement system;  or
(2)  the member's contributions to the retirement system during the first full year of membership service, if the military service was performed before the person became a member of the retirement system.
(d)  In addition to the contribution required by Subsection (c), a member claiming credit for military service must pay a fee of eight percent, compounded annually, of the required contribution from the date of first eligibility to the date of deposit.
(e)  After a member makes the deposits required by this section, the retirement system shall grant the member one year of military service credit for each year of military service approved.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 203, ch. 18, Sec. 22, eff. Sept. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 2, eff. Nov. 12, 1991;  Acts 1995, 74th Leg., ch. 555, Sec. 8, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 1276, Sec. 10A.521, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter D. Establishment of Military Service › Section 823.303. Military Leave Credit

Sec. 823.303.  MILITARY LEAVE CREDIT.  A member who performs military service creditable in the retirement system but who does not establish credit for the service by making the deposits required by Section 823.302 is entitled to credit of a year for each year of military service performed, if the member requests the credit in writing before the later of the date of application for retirement or the effective date of retirement.  The credit is usable only in determining eligibility for, but not the amount of, benefits under Section 824.406.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.303 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 7, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter E. Establishment of Equivalent Membership Service › Section 823.402. Developmental Leave

Sec. 823.402.  DEVELOPMENTAL LEAVE.  (a)  An eligible member may establish equivalent membership service credit for developmental leave that is creditable in the retirement system.
(b)  Developmental leave creditable in the retirement system is absence from membership service for a school year that is approved by the member's employer for study, research, travel, or another purpose designed, as determined by the employer, to improve the member's professional competence.
(c)  A member eligible to establish credit under this section is one who:
(1)  has at least five years of service credited in the retirement system before the developmental leave occurs;
(2)  has, at the time the required deposits for the credit are paid, at least one year of membership service credit in the retirement system following the developmental leave; and
(3)  has at least five years of service credited in the retirement system at the time the required deposits for the credit are paid.
(d)  On or before the date a member takes developmental leave, the member must file with the retirement system a notice of intent to take developmental leave, and the member's employer must file with the retirement system a certification that the leave meets the requirements of Subsection (b).  The notice of intent and the certification must be in the form required by the retirement system.  Leave is not creditable in the retirement system if the member does not submit notice of intent and obtain the certification required by this subsection.
(e)  A member may establish credit under this section by depositing with the retirement system for each year of developmental leave certified the actuarial present value, at the time of deposit, of the additional standard retirement annuity benefits that would be attributable to the purchase of the service credit under this section, based on rates and tables recommended by the retirement system's actuary and adopted by the board of trustees.
(f)  A member may not establish more than two years of equivalent membership service credit under this section.
(g)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 456, Sec. 7(a), eff. September 1, 2011.
(h)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 456, Sec. 7(a), eff. September 1, 2011.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.402 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 3, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1416, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 456 (S.B. 1668), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 456 (S.B. 1668), Sec. 7(a), eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter E. Establishment of Equivalent Membership Service › Section 823.404. Work Experience by Career or Technology Teacher

Sec. 823.404.  WORK EXPERIENCE BY CAREER OR TECHNOLOGY TEACHER.  (a)  An eligible member may establish equivalent membership service credit for one or two years of work experience for which the member is entitled to salary step credit under Section 21.403(b), Education Code.
(b)  A member is eligible to establish equivalent membership service credit under this section if the member has at least five years of membership service credit.
(c)  A member may establish credit under this section by depositing with the retirement system, for each year of service, the actuarial present value, at the time of deposit, of the additional standard retirement annuity benefits that would be attributable to the conversion of the work experience into service credit based on rates and tables recommended by the actuary and adopted by the board of trustees.
(d)  After a member makes the deposits required by this section, the retirement system shall grant the member one year of equivalent membership service credit for each year of service approved.
Added by Acts 1999, 76th Leg., ch. 1122, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter E. Establishment of Equivalent Membership Service › Section 823.406. Credit Purchase Option for Certain Service

Sec. 823.406.  CREDIT PURCHASE OPTION FOR CERTAIN SERVICE.  (a)  A member may establish membership service credit under this section only for service performed during a 90-day waiting period to become a member after beginning employment.
(b)  A member may establish service credit under this section by depositing with the retirement system, for each month of service credit, the actuarial present value, at the time of deposit, of the additional standard retirement annuity benefits that would be attributable to the purchase of the service credit under this section, based on rates and tables recommended by the retirement system's actuary and adopted by the board of trustees.
(c)  After a member makes the deposits required by this section, the retirement system shall grant the member one month of equivalent membership service credit for each month of credit approved.
(d)  The retirement system shall deposit the amount of the actuarial present value of the service credit purchased in the member's individual account in the employees saving account.
(e)  The board of trustees may adopt rules to administer this section.
Added by Acts 2003, 78th Leg., ch. 201, Sec. 45, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 823 - Creditable Service › Subchapter F. Reinstatement of Service Credit › Section 823.501. Credit Canceled by Membership Termination

Sec. 823.501.  CREDIT CANCELED BY MEMBERSHIP TERMINATION.  (a)  An eligible person who has terminated membership in the retirement system by withdrawal of contributions or absence from service may reinstate in the system the service credit canceled by the termination.
(b)  A person eligible to reinstate service credit under this section is one who is a member of the retirement system at the time the service is reinstated.
(c)  A member may reinstate canceled credit under this section by depositing with the retirement system:
(1)  the amount withdrawn or refunded; plus
(2)  a reinstatement fee of eight percent, compounded annually, of the amount withdrawn or refunded from the date of withdrawal or refund to the date of redeposit.
(d)  The retirement system shall determine in each case the amount of money to be deposited by a member reinstating service credit under this section. The system may not provide benefits based on the service until the determined amount has been fully paid.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 456, Sec. 7(a), eff. September 1, 2011.
(f)  A member may have an account that was terminated by absence from service reactivated by requesting the reactivation in writing.  The beneficiary of a decedent who was a member at the time of death may have an account that was terminated by the decedent's absence from service reactivated by requesting the reactivation in writing before the first payment of a death benefit.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 203, ch. 18, Sec. 24, eff. Sept. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 33.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 4, eff. Sept. 1, 1993;  Acts 1997, 75th Leg., ch. 1416, Sec. 10, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1540, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 456 (S.B. 1668), Sec. 5, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 456 (S.B. 1668), Sec. 7(a), eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.001. Types of Benefits

Sec. 824.001.  TYPES OF BENEFITS.  The types of benefits payable by the retirement system are:
(1)  service retirement benefits;
(2)  disability retirement benefits;  and
(3)  death benefits.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.003. When Benefits Are Payable

Sec. 824.003.  WHEN BENEFITS ARE PAYABLE.  Except as otherwise provided by this chapter, an annuity provided by this chapter is payable for the month in which the person who receives the annuity dies. Monthly annuity payments are generally due to be paid on the last working day of the month for which the payment accrues.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 12, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 763 (H.B. 2168), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.004. Waiver of Benefits

Sec. 824.004.  WAIVER OF BENEFITS.  (a)  A person may, on a form prescribed by and filed with the retirement system, waive all or a portion of any benefits from the retirement system to which the person is entitled.  A person may revoke a waiver of benefits in the same manner as the original waiver was made.
(b)  A revocable waiver may be revoked only as to benefits payable after the date the revocation is filed.  If a waiver is made irrevocable and is filed with the retirement system before the first benefit payment is made to the person executing the waiver, Section 824.103 applies to determine alternative beneficiaries.
(c)  The retirement system shall transfer to the state contribution account from the appropriate benefit reserve accounts amounts not used to pay benefits because of a waiver executed under this section.
(d)  The board of trustees may provide rules for administration of waivers under this section.
(e)  The retirement system may not require a person filing a waiver of benefits under this section to submit a sworn affidavit in order to receive the accumulated contributions.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.004 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1118, Sec. 2, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.005. Revocation of Retirement

Sec. 824.005.  REVOCATION OF RETIREMENT.  (a)  A person who has retired under the retirement system may revoke that retirement by filing with the system a written revocation in a form prescribed by the system.  For a revocation to be effective, the retirement system must receive the written revocation before the later of the due date for the first payment of the annuity or the date on which the retirement system makes the first payment.  After the later of those dates, a retiree may not revoke the retirement.  For purposes of this subtitle, the retirement system makes a payment by depositing a check in the mail or sending payment by electronic fund transfer.
(b)  A person who has retired under the retirement system revokes that retirement if the person becomes employed in any position in a public school during the first month following that person's effective date of retirement, or during the first two months following an effective date of retirement established by reliance on Section 824.002(d), and must return any retirement benefits received under the original retirement.
(c)  A person who revokes a retirement under this section is restored to membership in the retirement system as if that person had never retired.
Added by Acts 1981, 67th Leg., 1st C.S., p. 204, ch. 18, Sec. 26, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 832, Sec. 5, eff. June 15, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 13, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.006. Payment of Annuity on Death of Member or Retiree

Sec. 824.006.  PAYMENT OF ANNUITY ON DEATH OF MEMBER OR RETIREE.  (a)  A monthly annuity payable to a retiree or beneficiary is payable to that person through the month in which the person dies.  A continuation of an optional annuity or the payment of a death or survivor benefit annuity begins with payment for the month following the month in which the death occurs.
(b)  The effective date of death of a member who dies before retirement is, for the purpose of a death or survivor benefit annuity, the last day of the month preceding the month in which the member dies.  The first payment of the annuity becomes due at the end of the month in which the member's death occurs.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 14, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter A. General Provisions › Section 824.007. Deductions From Service or Disability Retirement Annuity

Sec. 824.007.  DEDUCTIONS FROM SERVICE OR DISABILITY RETIREMENT ANNUITY.  (a)  In this section, "program administrator" means the person who administers the uniform program under Section 1601.102, Insurance Code.
(b)  An individual eligible to participate in the uniform program under Section 1601.102, Insurance Code, may authorize the retirement system to deduct the amount of the contribution and any other qualified health insurance premium from the individual's regular monthly service or disability retirement annuity payment if the individual is:
(1)  eligible to receive a monthly annuity from the retirement system greater than the amount of the authorized deduction; and
(2)  eligible under Section 402(l), Internal Revenue Code of 1986, or a similar law, to elect to exclude from annual gross income up to $3,000 of distributions from an eligible retirement plan used for qualified health insurance premiums.
(c)  An individual may authorize the deduction described by Subsection (b) on a form provided by the program administrator.  The program administrator shall coordinate the implementation of an authorization under Subsection (b) with the retirement system.
(d)  After making the deductions, the retirement system shall pay to the program administrator an aggregate amount for all individuals who authorize annuity deductions under Subsection (b).
(e)  If an individual no longer receives a monthly annuity greater than the amount of the authorized deduction, the retirement system:
(1)  shall inform the program administrator; and
(2)  is not required to make any deduction under this section for the individual.
(f)  The retirement system is not required to accept an authorization for a deduction under this section if payment of qualified health insurance premiums by deduction from a retirement plan annuity is not required for an eligible retiree to elect the gross income exclusion described by Subsection (b)(2).
Added by Acts 2009, 81st Leg., R.S., Ch. 1171 (H.B. 3347), Sec. 2, eff. September 1, 2009.