Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter B - COMPENSATION › Section 25.28 - Payroll Report Dates

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided under §31.2 of Chapter 31, Subchapter A, Part 3 of this Title,
				  payroll reports and all member and employer deposits for a report month are due
				  before the seventh day after the last day of the month. If the sixth day of the
				  month falls on a weekend or federal holiday, the payroll reports and all member
				  and employer deposits are due on the last business day before the sixth day of
				  the month. The executive director shall establish the form and method to be
				  used in reporting information regarding compensation and employment and such
				  member and employer deposits as are due to the Teacher Retirement System of
				  Texas (TRS). School officials shall be notified of such regulations. Each
				  employer that fails to remit all required member and employer contributions to
				  TRS before the seventh day after the last day of the month shall pay to TRS
				  penalty interest on the unpaid amounts in the amount provided in Section
				  825.408,
				  Government Code. Effective with the employer reports due for the report month
				  of January 2018, each employer that fails to attain a completed status on all
				  required reports or fails to submit all documentation required by TRS before
				  the seventh day after the last day of the month shall pay, in addition to any
				  deposits and penalty interest owed, the late fee established in subsection (j)
				  of this section for each business day that the report fails to attain a
				  completed status.
(b) Each employer
				  must report each month in a form prescribed by TRS information on the total
				  amount of salary paid to employees eligible to participate in TRS from federal
				  funds and/or private grants. Reporting districts must transmit to TRS the
				  current state contribution rate of the monies paid as salary for those
				  employees covered by TRS in addition to the amount transmitted for member
				  contributions. If the maximum percentage legally provided for retirement
				  purposes from the funds is less than the current state contribution rate, the
				  employer shall transmit the amount provided and indicate by letter the name of
				  the grant and the rate.
(c)
				  Effective September 1, 2015, each employer must report each calendar month in a
				  form prescribed by TRS, information regarding the persons it employs, the
				  positions held, the time worked and the compensation paid, including the number
				  of days and/or hours worked and the amount and type of salary paid to employees
				  during that calendar month, including salary paid from federal funds and/or
				  private grants. Employers must transmit to TRS the current state contribution
				  rate of the monies paid as salary from federal funds and/or private grants for
				  those employees covered by TRS in addition to the amount transmitted for member
				  contributions and contributions required by §§
										825.405,
				  825.4034 and
				  825.4071,
				  Government Code. If the maximum percentage legally provided for retirement
				  purposes from the federal funds and/or private grants is less than the current
				  state contribution rate, the employer shall transmit the amount provided and
				  indicate by letter the name of the grant and the rate.
(d) Employees who have a qualified contract
				  or an oral or written work agreement shall have information about the contract
				  reported by each school district in a form prescribed by TRS.
(1) A qualified contract is an employment
				  agreement which meets the following criteria.
(A) Service under the agreement must begin on
				  or after July 1, but not later than August 31, of the same calendar
				  year.
(B) Service contemplated by
				  the agreement must be for a definite period extending past August 31 of the
				  same calendar year in which service under the agreement began, as evidenced by
				  an enforceable legal obligation on the part of the employer to employ and to
				  compensate the employee for such period.
(C) Employees who can be terminated by the
				  employer without the employer being obligated to pay a fixed amount stated in a
				  contract are not included in the report.