Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 25 - OPTIONAL RETIREMENT PROGRAM › Subchapter A - OPTIONAL RETIREMENT PROGRAM › Section 25.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Active
				  Participation--Period of employment during which an ORP participant makes
				  regular ORP contributions through payroll deduction based on the statutory
				  percentage of the employee's salary earned during that period, which along with
				  the matching employer contributions, are sent by the ORP employer to an
				  authorized ORP company. A faculty member who is not employed by a Texas public
				  institution of higher education during the three summer months but who was
				  participating in ORP at the end of the spring semester immediately preceding
				  the summer and who resumes ORP participation with the same or another Texas
				  public institution of higher education in the fall semester immediately
				  following that summer shall be considered an active participant during the
				  three summer months.
(2) Applicable
				  Retirement System--The Teacher Retirement System of Texas for employees of
				  Texas public institutions of higher education and the Employees Retirement
				  System of Texas for employees of the Board.
(3) Board--The Texas Higher Education
				  Coordinating Board.
(4) Break in
				  Service--A period following a participant's termination of all employment with
				  all Texas public institutions of higher education or the Board that is at least
				  one full calendar month in which no ORP contribution is made, excluding the
				  three summer months for faculty members who were participating in ORP at the
				  end of the spring semester immediately preceding the summer and who resume ORP
				  participation with the same or another Texas public institution of higher
				  education in the fall semester immediately following that summer, and excluding
				  periods of leave-without-pay. A transfer between Texas public institutions of
				  higher education with less than a full calendar month in which no ORP
				  contribution is made shall not be considered a break in service.
(5) ERS--Employees Retirement System of
				  Texas.
(6) Full-time--For purposes
				  of determining initial ORP eligibility, the term "full-time" shall mean
				  employment for the standard full-time workload established by the institution
				  ("100 percent effort").
(7) Initial
				  ORP Eligibility Date--The first day of an ORP-eligible employee's 90-day ORP
				  election period. An employee's initial ORP eligibility date shall be the first
				  date that the employee meets all four criteria in §
										25.4(a)
				  of this title (relating to Eligibility Criteria).
(8) Initial ORP Eligibility Period--The
				  period of time an ORP participant must be employed on a full-time basis ("100
				  percent effort") beginning with the initial ORP eligibility date, as defined in
				  paragraph (7) of this section, and ending after one full semester or four and
				  one-half months.
(9) Major
				  Department Requirement--One of the factors used to determine whether a position
				  is ORP-eligible in the "Other Key Administrator" category as defined in §
										25.4(k)
				  of this title (relating to Eligible Positions). A department or budget entity
				  at a public institution of higher education shall meet this requirement if:
(A) the department or budget entity is
				  considered a "major" department by the institution based on the specific
				  organizational size and structure of that institution; and
(B) the department or budget entity has its
				  own budget, policies and programs.