reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.109 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
Witness fees are as follows:
(1) Mileage and per diem allowances are the
				same as those provided for state employees under applicable law or
				regulation.
(2) A standard
				appearance fee for each day or part of a day the Person is necessarily present
				as a witness is set at $50. A witness who gives testimony in an expert capacity
				may be paid an appearance fee of no more than twice the standard fee. The
				witness fee for a retained expert shall be paid by the Party who retained the
				witness.
(3) Fees may be tendered
				with service of a subpoena to compel testimony or the production of records,
				but otherwise shall be paid only on presentation of proper vouchers sworn by
				the witness and approved by ERS.
(4) Witness fees will be paid by ERS from the
				funds deposited by the Party who requested the witness to appear.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.201 - Procedures Governing Bid Protests

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				vendor who is aggrieved by the solicitation, evaluation, or award of a contract
				by ERS, hereinafter referred to as the Protesting Party, may file a formal
				protest with the Director of Procurement and Contract Oversight of ERS. Such
				protests must be in writing and received in the Office of Procurement and
				Contract Oversight within the time stated in subsection (d) of this section.
				Formal protests must conform to the requirements of this subsection, subsection
				(c), subsection (d), and, when applicable, subsection (e) of this section, and
				shall be resolved in accordance with the procedure set forth in subsections (f)
				- (m) of this section. Copies of the protest must be mailed or delivered by the
				Protesting Party to ERS and other Interested Parties. For the purposes of this
				section, "Interested Parties" means all vendors who have submitted bids or
				proposals for the applicable contract. The protest must be mailed or delivered
				to Interested Parties contemporaneously with filing the protest with the
				Director of Procurement and Contract Oversight of ERS.
(b) In the event of a timely protest or
				appeal under this section, ERS shall not proceed further with the solicitation
				or with the award of the contract unless the Executive Director of ERS makes a
				determination that the award of the contract or implementation of the contract
				without delay are necessary to protect the best interests of ERS.
(c) A formal protest must be sworn and, under
				the penalties of perjury, contain:
(1) a
				specific identification of the statutory or regulatory provision(s) that the
				action complained of is alleged to have violated;
(2) a specific description of each act
				alleged to have violated the statutory or regulatory provision(s) identified in
				paragraph (1) of this subsection;
(3) a precise statement of the relevant
				facts;
(4) an identification of the
				issue or issues to be resolved; and
(5) argument and authorities in support of
				the protest.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.1 - Employees Covered by Teacher Retirement System

Current through Reg. 49, No. 28; July 12, 2024
The following persons employed by state agencies and
				  departments are members of the Teacher Retirement System of Texas (TRS):
(1) a person who holds a coaching, teaching,
				or administrative position with an independent school district, the salary for
				which is paid with foundation school funds; and
(2) a person who elected to retain membership
				in TRS when the agency or department that employs the person transferred out of
				TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.2 - Definitions Related to Annuity Termination

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) "Qualifying felony" for
				the purposes of §
									69.3(a)
				of this chapter means a felony described by Tex. Gov't Code §
									810.003(a).
(2) "Qualifying felony" for the purposes of
				§
									69.3(b)
				of this chapter means a felony described by Tex. Gov't Code §
									810.004(a).
(3) "Elected official" means a person
				described by Tex. Gov't Code §
									810.003(b).
				The retirement of an elected official prior to the termination of an annuity
				under this chapter does not prevent annuity forfeiture under this
				chapter.
(4) "Corrections officer"
				means a person described by Tex. Gov't Code §
									810.004(b).
				The retirement of a corrections officer prior to the termination of an annuity
				under this chapter does not prevent annuity forfeiture under this
				chapter.
(5) "Alternate payee"
				means a spouse, former spouse, child, or other dependent of an elected official
				or corrections officer who is recognized by a domestic relations order as
				having a right to receive all or a portion of the benefits payable by a public
				retirement system with respect to the elected official or corrections
				officer.
(6) "Suspension period"
				means the period of time between the date an annuity is terminated under this
				chapter and the date the system determines the annuity should be reinstated
				because the conviction was overturned on appeal or the person meets the
				requirements for innocence under Tex. Civ. Prac. & Rem. Code
				§103.001(a)(2).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.3 - Termination of Annuities

Current through Reg. 49, No. 28; July 12, 2024
(a) The annuity of
				an elected official shall be terminated if:
(1) the elected official is convicted of a
				qualifying felony committed while in office; and
(2) the conduct underlying the qualifying
				felony arose directly from the official duties of the elected official's
				office.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.4 - Pre-Existing Qualified Domestic Relations Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) If an elected official is subject to a
				qualified domestic relations order established prior to June 6, 2017, and the
				retirement of the elected official has caused benefits to be payable to the
				alternate payee prior to annuity termination, the system shall retain an
				actuarially determined portion of the person's remaining service retirement
				annuity contributions, including service purchase funds, with interest, in
				order to continue to satisfy the obligation to the alternate payee.
(b) If a corrections officer is subject to a
				qualified domestic relations order established prior to June 10, 2019, and the
				retirement of the corrections officer has caused benefits to be payable to the
				alternate payee prior to annuity termination, the system shall retain an
				actuarially determined portion of the person's remaining service retirement
				annuity contributions, including service purchase funds, with interest, in
				order to continue to satisfy the obligation to the alternate payee.
(c) An alternate payee described by
				subsection (a) or (b) of this section shall continue to receive the alternate
				payee's portion of the annuity. Annuity payments shall stop at the death of the
				elected official/corrections officer or the alternate payee, whichever is
				earlier. Any remaining portion of the elected official's or corrections
				officer's service retirement annuity contributions, including service purchase
				funds, shall be refunded with interest.
(d) If an elected official or corrections
				officer does not retire prior to annuity termination, the system shall satisfy
				any obligation to an alternate payee under a qualified domestic relations order
				by paying the alternate payee a portion of a refund of the elected official's
				or corrections officer's service retirement annuity contributions, including
				service purchase funds, with interest.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.5 - Awards to Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) If a court
				awards a portion of an elected official's or corrections officer's forfeited
				annuity under Tex. Gov't Code §
									810.003(h)
				or §
									810.004(g),
				the awarded portion is payable only for the lifetime of the elected
				official/corrections officer or the spouse, whichever ends earlier.
(b) The maximum portion of a forfeited
				annuity payable to a spouse under Tex. Gov't Code §
									810.003(h)
				or §
									810.004(g)
				is fifty percent.
(c) The system
				may not pay any portion of a forfeited annuity to a common law or informal
				spouse or to a spouse who fails to provide written notice of an award as
				required by this section. An award of a portion of a forfeited annuity under
				Tex. Gov't Code §
									810.003(h)
				or §
									810.004(g)
				is payable only if:
(1) the award is made to a
				spouse that the elected official or corrections officer married as evidenced by
				a properly issued and completed marriage license; and
(2) the spouse provides written notice of the
				award to the system not later than the 30th day after the conviction of the
				elected official or corrections officer.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.6 - Notice of Conviction

Current through Reg. 49, No. 28; July 12, 2024
(a) The system
				shall terminate the annuity of an elected official or corrections officer
				convicted of a qualifying felony pursuant to §
									69.3
				of this chapter upon receipt of notice of the conviction as specified in Tex.
				Gov't Code §
									810.003
				or §
									810.004
				or other proper notice of the conviction.
(b) Proper notice of the conviction must
				include:
(1) a copy of the court's judgment
				and sentence or documentation equivalent to a judgment and sentence;
				and
(2) identifying information
				establishing that the person named in the judgment and sentence is an elected
				official or corrections officer who is a contributing member or annuitant of
				the system, including, but not limited to, the person's date of birth or social
				security number.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.7 - Members of Governing Boards and Commissions

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment of contributions by a person who
				is a member of the system by virtue of service on a governing board or
				commission shall be made to the corresponding department or agency.
				Contributions are due on the last day of the month for which retirement service
				credit is to be established.
(b) If
				payment has not been received by the system when the department's or agency's
				retirement report is received, notice that payment has not been made and of the
				pending loss of eligibility to establish retirement service credit shall be
				sent to the member and to the chief fiscal officer and the head of the
				department or agency.
(c) If a
				board or commission member's contributions are not paid to the system within 60
				days after they are due, the member shall lose all rights to establish
				retirement service credit as a member of the board or commission.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.8 - Reinstatement of Refunded Accounts within 30 Days

Current through Reg. 49, No. 28; July 12, 2024
(a) If a former employee with 10 or more
				years of retirement service credit requests a refund, the former employee may
				withdraw the refund request by returning the refund warrant within 30 days of
				the date the warrant was mailed by the system.
(b) This section does not apply to any of the
				provisions in §69.2 through § 69.6 of this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 69 - MEMBERSHIP, ANNUITY TERMINATION, AND REFUNDS › Section 69.9 - Trustee to Trustee Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Effective for distributions made after December 31, 1992, the system shall
				permit the distributee of an eligible rollover distribution to elect to have
				such distribution paid directly to an eligible retirement plan specified by the
				distributee in the form of a direct trustee to trustee transfer.
(b) The system shall develop procedures to
				implement this section in accordance with the Internal Revenue Code of 1986,
				§401(a)(31), as amended, and related regulations. Terms used in this
				section shall have the meanings assigned in the Internal Revenue Code of 1986
				as amended.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.1 - Service Credit for Members of Employee Class

Current through Reg. 49, No. 28; July 12, 2024
(a)
				One year of service credit shall be granted for any fiscal year prior to
				September 1, 1958, in which the member has six or more months of contributory
				service, other than military service credit, if such contributory service is
				established on or before December 31, 1988.
(b) Except as provided in subsection (a) of
				this section, each full or partial month of contributory service performed
				shall count as one-twelfth of a year of creditable service.
(c) Military service credit is granted on a
				month-for-month basis, regardless of the date performed.
(d) A member who was granted 12 months
				retirement credit for service performed as a legislative employee during an
				entire legislative session prior to December 31, 1977, who subsequently
				withdrew the accumulated contributions, shall, upon reinstating the withdrawn
				account, receive credit under subsections (a) and (b) of this
				section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.2 - Membership Waiting Period for Employee Class

Current through Reg. 49, No. 28; July 12, 2024
(a) In
				determining the date of eligibility for membership in the employee class for an
				employee who was subject to the waiting period, the following provisions apply:
(1) the system shall count the date of
				employment as the first day of the waiting period;
(2) the date of employment means the date on
				which an individual began to perform service or hold office.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.3 - Service Credit for Members of the Elective Class

Current through Reg. 49, No. 28; July 12, 2024
(a) Each elective state official who becomes
				a member of the system shall be eligible to establish one month of service for
				each month or fraction thereof in which he holds office. No more than 24 months
				service shall be credited for a two-year term and no more than 48 months
				service shall be credited for a four-year term.
(b) A member of the elected class who on or
				after September 1, 1989, purchases and receives credit in the elected class for
				calendar year service and who during that same calendar year holds a position
				as an appointive officer or employee shall also receive credit in the employee
				class of membership.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.5 - Credit Previously Transferred from Teacher Retirement System (TRS) and Credit Transferred from TRS Pursuant to the Government Code, Title 8

Current through Reg. 49, No. 28; July 12, 2024
(a) Credit for 4-1/2 months or more of
				service performed in a fiscal year under the Teacher Retirement Act prior to
				September 1, 1958, was transferred to the system as one year of service credit.
				No credit was established for less than 4-1/2 months service in a fiscal year
				ending prior to September 1, 1958.
(b) Service of nine or more months in a
				fiscal year beginning after August 31, 1958, was established as 12 months'
				credit. All other service performed under TRS after August 31, 1958, was
				transferred to the system on a month-for-month basis.
(c) Credit for military service transferred
				from TRS is established in the system only if that military service was
				eligible for credit under provisions of Tex. Gov't Code Title 8.
(d) Credit for service transferred from TRS
				to the system pursuant to Tex. Gov't Code Title 8, shall be established in the
				system on a month-for-month basis notwithstanding any other provision of this
				section.
(e) Credit for service
				transferred from TRS to the system after August 1, 1993, shall be according to
				the rules adopted by TRS for determining creditable service.
(f) A cash balance group member, a
				beneficiary of a deceased cash balance group member, or a personal
				representative of a cash balance group member may not transfer service credit
				from TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.7 - Limitation on Service Credit

Current through Reg. 49, No. 28; July 12, 2024
No more than one month's credit can be given under a class of
				  membership for a month or fraction of a month of service rendered or
				  established under that class.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.11 - Retirement Contributions Based on Nonmonetary Compensation

Current through Reg. 49, No. 28; July 12, 2024
An employee's nonmonetary compensation shall be considered
				  compensation for retirement purposes. Nonmonetary compensation includes only
				  housing and utilities. Contributions shall be based on the actual value of the
				  nonmonetary compensation or $175, whichever is less.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.13 - Payments to Establish Service Credit-Date Due

Current through Reg. 49, No. 28; July 12, 2024
A member may establish service credit under the law and the
				  rate of interest in effect on the date the member applied for credit if payment
				  is made before the application deadline, or if payment is made within 10 days
				  of the date notice of the amount due is mailed to the member at the last known
				  address.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.14 - Payments to Establish or Reestablish Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) A cash balance group member may not
				establish or reestablish service credit under this section except to the extent
				that §76.12 of this part allows the purchase of military service
				credit.
(b) A member or
				contributing member may purchase eligible service creditable in the system in
				accordance with Tex. Gov't Code Chapter 813. The system shall grant the
				applicable amount of service credit after each payment made under this section
				is equal to the amount required to establish one or more months of creditable
				service.
(c) Service credit that
				may be established or reestablished includes military service credit, service
				credit previously cancelled, and service credit not previously
				established.
(d) The system shall
				develop procedures and forms to be used in connection with this
				section.
(e) A member who has
				contributed to both the Law Enforcement and Custodial Officer Supplemental
				Retirement (LECOS) fund and the ERS defined benefit plan will be allowed to
				purchase previously refunded Commissioned Peace Officer and Custodial Officer
				(CPO/CO) service and/or employee class service within the defined benefit plan.
				If a member purchases employee class service only and decides later to retire
				as a CPO/CO, the member must purchase the unpaid portion of service credit
				attributable to CPO/CO service, which will include any additional contribution
				to the LECOS fund plus interest, in order to receive creditable service and
				retire as a CPO/CO. If the member does not purchase the unpaid portion of the
				service credit attributable to CPO/CO service, then the service shall only be
				creditable for the employee class of membership.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.15 - Transfer of ERS Service Credit to the TRS for Certain TRIMS Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to
				implement the Texas Education Code, §
									73.503, concerning
				transfer of Employees Retirement System (ERS) service credit to the Teacher
				Retirement System (TRS) for certain Texas Research Institute of Mental Sciences
				(TRIMS) employees who become employees of the University of Texas System or any
				of its components.
(b) This section
				applies to any person who:
(1) was a TRIMS
				employee during the month of May, June, July, or August 1985; and
(2) was employed by and went to work for the
				University of Texas System or any of its components during the month of June,
				July, August, or September 1985.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.17 - Credit for Unused Accumulated Leave

Current through Reg. 49, No. 28; July 12, 2024
(a) A cash
				balance group member may not receive credit for unused accumulated
				leave.
(b) Unused accumulated leave
				is creditable only in the employee class of membership and only so long as the
				last day of employment occurs during the month in which the member dies or the
				member's retirement becomes effective.
(c) Before the amount of service credit can
				be determined, an authorized state agency official must certify electronically
				or on a form prescribed by the system the amount of unused accumulated leave
				accrued by the member as of the last day of employment.
(d) Eligible leave credit will become
				effective as service credit only after retirement or death. Subject to that
				limitation and upon receipt of a certification pursuant to subsection (c) of
				this section, the system shall grant any service credit to which a retiree is
				thereby entitled. An increase in the computation of an annuity because of leave
				credit shall be effective from the time of certification.
(e) Leave creditable as provided in this
				section includes only earned vacation leave and sick leave. A member
				transferring TRS service to the system for the purpose of retirement will
				receive credit for leave as provided in this section only if the member holds a
				position in the employee class of membership in the system during the effective
				month of retirement. The percentage value of all service creditable in the
				employee class of membership shall not exceed 100%.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.19 - Transfer of Service between the Teacher Retirement System of Texas (TRS) and the Employees Retirement System of Texas (ERS)

Current through Reg. 49, No. 28; July 12, 2024
(a) A cash balance group member may not
				transfer credit under this section.
(b) Purpose. These rules are intended to
				implement the provisions of Tex. Gov't Code Chapter 805 concerning the transfer
				of credit between TRS and ERS and to provide a systematic method of funding the
				actuarial value of the annuity resulting from transferred service.
(c) Forms.
(1) Applications for transfer shall be made
				using forms prescribed by ERS.
(2)
				ERS shall cooperate with TRS in an effort to make such application forms for
				ERS comparable to those used by TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.23 - Acceptance of Rollovers and Transfers from Other Plans

Current through Reg. 49, No. 28; July 12, 2024
Subject to procedures developed by the Employees Retirement
				  System of Texas (ERS), ERS shall accept an eligible rollover distribution or a
				  direct transfer of funds from another qualified plan or conduit or traditional
				  IRA in payment of all or a portion of any deposit a member is permitted to make
				  with ERS for credit for service. The procedures developed by ERS shall
				  condition the acceptance of a rollover or transfer from another qualified plan
				  or conduit or traditional IRA on the receipt from the other plan, or conduit or
				  traditional IRA of information necessary to enable ERS to determine the
				  eligibility of any transferred funds for tax-free rollover treatment or other
				  treatment under federal income tax law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.27 - Certain Service Considered Solely to Establish Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Service to be considered for the sole
				purpose of determining eligibility to receive an annuity as provided by §
									814.104(c),
				Texas Government Code, must be verified by an authorized official of the entity
				for which the service is performed.
(b) For the sole purpose of determining
				eligibility to receive a service retirement annuity under §
									814.104(a)(2),
				Texas Government Code, the retirement system may consider not more than 60
				months of Texas governmental entity service that was documented with the system
				in accordance with §814.1042 (repealed) prior to January 1,
				2006.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.29 - Purchase of Additional Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				cash balance group member may not establish service credit under this
				section.
(b) An eligible member may
				establish equivalent membership service credit authorized by Tex. Gov't Code
				§
									813.513 as
				provided in this section. The provisions of §
									71.14
				of this chapter do not apply to credit established under this
				section.
(c) A member is eligible
				to establish credit under this section in the membership class in which the
				member holds a position if the member:
(1) has
				120 months of service credit for one or more periods of time during which the
				member held a position in a membership class and the required contributions
				were made;
(2) is actively
				contributing to the system at the time credit is established; and
(3) is not eligible to establish other credit
				or service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 71 - CREDITABLE SERVICE › Section 71.31 - Credit Purchase Option for Certain Waiting Period Service

Current through Reg. 49, No. 28; July 12, 2024
(a) A cash balance group member may not
				establish service credit under this section.
(b) An eligible employee class member may
				establish service credit for service performed during the waiting period as
				authorized by Tex. Gov't Code §
									813.514
				and as provided in this section. The provisions of §
									71.14
				of this chapter do not apply to service credit established under this
				section.
(c) An employee class
				member is eligible to establish service credit under this section if the
				member:
(1) has completed the waiting
				period;
(2) has made a retirement
				contribution in accordance with Tex. Gov't Code §
										813.201;
				and
(3) makes application for the
				establishment of service credit and payment of the required contributions in
				accordance with procedures developed by ERS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.1 - Deadline for Selecting Retirement Option

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A retiring member must file a selection of a standard annuity or an optional
				allowance on or before the date of retirement, unless the system has previously
				issued written notice of an extension of the filing deadline. Failure to comply
				with this requirement will cancel the retirement application.
(b) A retired member who requests a change of
				beneficiary designation as provided by §
									814.008,
				Texas Government Code, must designate a new beneficiary at the time the request
				is made. Failure to comply with this requirement will cancel the request. A
				retired member who has changed an annuity selection after retirement is not
				eligible to designate a new beneficiary as provided in this
				subsection.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.2 - Determination of Date of Hire for Retirement Benefit Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of determining eligibility
				for retirement benefits, a person holding a position in the employee class of
				membership is considered to be hired before a date specified in a statute or
				rule if the person:
(1) Is hired and begins
				working before the specified date in a position included in the employee
				class;
(2) Establishes membership
				in the employee class by making a contribution to the system during the first
				payroll cycle after beginning work as specified in paragraph (1) of this
				subsection or immediately after completing any applicable waiting period
				connected with the employment specified in paragraph (1) of this subsection;
				and
(3) Complies with subsection
				(c) of this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.5 - Service Retirement of Incompetent Member

Current through Reg. 49, No. 28; July 12, 2024
A qualified, court-appointed guardian of the member's person
				  and estate may sign and file the required notice, select the retirement option,
				  and complete all other forms for the member's retirement.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.7 - Service in the Month Following Retirement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In order to satisfy Internal Revenue Service requirements that a retirement is
				bona fide and results in a termination of employment, a retirement shall be
				canceled and membership reinstated:
(1) If
				the member holds a position in the class from which he retired during the
				calendar month following retirement; or
(2) If a retiring member has a commitment
				from his present employer to be rehired. At the time of retirement, a retiring
				member must disclose to the retirement system any commitment from his present
				employer to be rehired.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.11 - Supplemental Retirement Program

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of this section:
(1) "supplemental
				program" is the program of retirement benefits for commissioned peace officers
				and custodial officers established by the Tex. Gov't Code §
										814.107;
(2) "regular program" is the retirement
				program available to members of the employee class generally.
(3) This section does not apply to a cash
				balance group member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.13 - Proportionate Retirement under Programs Administered by the Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Benefits shall be calculated as if
				retirement credit established in the two classes of service in the Employees
				Retirement System had been rendered in separate systems.
(b) The combined service credit of a member
				who is retiring exclusively under programs administered by the board must meet
				the vesting period required for any class of service in the programs in which
				the member has retirement credit.
(c) A member who has credit in the elective
				class and who retires with 10 or more years of service credit in the Employees
				Retirement System, exclusive of military service credit, may receive retirement
				benefits as an elective state official for a portion of the military service
				credit. The percentage of military credit to be considered elective service is
				derived by dividing the number of months of creditable service as an elective
				state official by 96 months.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.15 - Proportionate Retirement-Program Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Actuarial reductions for each class of service are those which would be used if
				all service from which the member has retired or is retiring was credited in
				that class.
(b) A person retiring
				with less service than is required in the applicable formula to compute average
				salary shall have benefits based upon the average salary for the months for
				which credit was established.
(c)
				The procedures to implement these principles are prescribed in the document
				entitled "Computation of Proportional Retirement Benefits." This document,
				which is to be considered a part of this section for all purposes, may be
				obtained from the executive director, Employees Retirement System; P.O. Box
				13207; Austin, Texas 78711-3207. The formulas apply only to computation of
				benefits in programs or systems in which the member does not meet the
				length-of-service requirement for retirements.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.17 - Disability Retirement-Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Incapacity from the further performance of duty means that the member has
				demonstrably sought and been denied workplace accommodation of the disability
				in accordance with applicable law, and that the member is physically or
				mentally unable to continue to hold the position occupied and to hold any other
				position offering comparable pay. The education, training, and experience of
				the employee are to be considered when making this determination. "Comparable
				pay" means eighty (80) percent or more of the member's final state base pay
				prior to deductions for taxes or deferred compensation as provided or allowed
				by state and federal law; and it includes longevity and hazardous duty pay.
				Comparable pay may be adjusted by retirement system staff to account for
				realized state pay rate changes over time. The term excludes the monetary value
				of insurance and retirement benefits.
(b) In addition to the periodic medical
				examinations provided for in Texas Government Code §
									814.208(a),
				the executive director may direct a disability retiree to undergo additional
				medical examinations and to provide additional information satisfactory to the
				retirement system relevant to determining whether or not the retiree remains
				incapacitated for the further performance of duty. Absent a showing of good
				cause, a disability retiree who fails to respond to the request in a timely
				manner may have his or her disability retirement benefits and associated health
				insurance benefits suspended until the retiree has fully complied with the
				request. If the retiree fails to comply with the request for one year from the
				date the information was first requested by the retirement system, then all
				disability retirement benefits shall be terminated.
(c) A medical examination required by any
				provision of the Government Code, Title 8, Chapter 814, Subchapter C, shall be
				performed only by a medical doctor or a doctor of osteopathic medicine holding
				a license to practice medicine in Texas and in good standing, or who holds a
				similar license in good standing in another jurisdiction with licensing and
				disciplinary requirements substantially similar to Texas.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.25 - Payment to an Estate

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment due to
				an estate will be made upon receipt of a certified copy of one of the
				following:
(1) letters testamentary which are
				issued to a person named executor or administrator of an estate;
(2) an order admitting a will to probate as
				muniment of title;
(3) an affidavit
				filed with the county court under the small estates provisions of Chapter 205,
				Texas Estates Code;
(4) a judgment
				to declare heirship under the provisions of Chapter 202, Texas Estates
				Code.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.27 - Payment of Retiree Lump-Sum Death Benefit

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of a properly completed claim form, death
				  certificate and other information that may be required to establish beneficiary
				  status or heirship for the uncontested payment of a retiree lump-sum death
				  benefit, the System will provide for the payment of the lump-sum death benefit
				  by notifying the Comptroller of Public Accounts not later than the seventh day
				  after receipt.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.29 - Spousal Consent Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The selection
				by a member of a service retirement annuity other than a joint and survivor
				annuity that pays benefits to the spouse of the member on the death of the
				member, is not effective unless the member's spouse consents to the selection
				or it is established to the satisfaction of the system that:
(1) there is no spouse; or
(2) the spouse cannot be located.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.31 - Adjustment to Annuities

Current through Reg. 49, No. 28; July 12, 2024
(a) Annuities with
				an effective date before September 1, 2001, that are based on service
				retirements, disability retirements, or deaths pursuant to the Government Code,
				Title 8, §§
									814.104,
				814.107,
				814.206,
				814.207,
				814.301,
				814.302,
				or
				814.305,
				shall be adjusted pursuant to the provisions of §45 of Senate Bill 292,
				77th Legislature, 2001.
(b) Any
				adjustment pursuant to this section must be made to all annuitants who are
				similarly situated.
(c) This
				section supersedes conflicting portions of existing plan provisions.
(d) Adjustments to annuities under this
				section must be in compliance with the Internal Revenue Code of 1986,
				§401(a) and the Government Code, Title 8, §
									811.006.
(e) Annuities based on service credited under
				Government Code, Title 8, §
									813.401,
				shall be adjusted to reflect the plan design changes provided by §814.105
				that are effective September 1, 2001.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.35 - Supplemental Payment

Current through Reg. 49, No. 28; July 12, 2024
The supplemental payment authorized in the Government Code,
				  §
									814.603(a),
				  will be implemented in accordance with the provisions of the Government Code,
				  §
									814.603(b)
				  and §
									811.006.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.37 - Plan Limitations

Current through Reg. 49, No. 28; July 12, 2024
For a person who first becomes a member of the retirement
				  system after August 31, 1996, the person's compensation for the purposes of the
				  retirement system may not exceed the limit imposed by §401(a)(17) of the
				  Internal Revenue Code of 1986 (26 USC
				  §401(a)(17)), as
				  adjusted by the commissioner of the internal revenue for cost of living
				  increases in accordance with that provision. This limit does not apply to a
				  person who first became a member of the retirement system before September 1,
				  1996.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.39 - One-Time Increase to Certain Annuitants

Current through Reg. 49, No. 28; July 12, 2024
Pursuant to the authority granted the Board of Trustees in
				  §32, Senate Bill 1231, Acts of the 74th Texas Legislature, annuities based
				  on service credited in the employee class of membership for retirements or
				  deaths that occur after August 31, 1995, and before September 1, 1996, shall be
				  increased by 12 1/2%. This increase shall apply to the first payment payable
				  after the first anniversary of the effective date of the
				  retirement.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.42 - Partial Lump Sum Option for Death Benefit Plan Beneficiaries

Current through Reg. 49, No. 28; July 12, 2024
A person eligible to receive a death benefit annuity, or to
				  select a death benefit plan, as provided by Subchapter D, Chapter 814, Texas
				  Government Code, may select a partial lump sum distribution in the same manner
				  as if the deceased member had made the selection. The provisions of §
									814.1082,
				  Texas Government Code, governing payment of a partial lump sum distribution to
				  a member, apply to a beneficiary selecting a partial lump sum
				  distribution.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.43 - Deduction from Annuity for Certain Membership Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who receives an annuity from the
				Employees Retirement System of Texas (System) may authorize, in the manner
				specified by the System, one or more deductions from the person's monthly
				annuity to pay membership fees in a state employee organization as provided by
				Texas Government Code §
									814.009.
(b) An organization that meets the
				certification requirement specified in Texas Government Code §
									814.009(a)(2)
				must certify to the System that the requirement has been met before
				participating in the membership fee deduction program and at such other times
				as may be determined by the System.
(c) The System may provide to a state
				employee organization such identifying information, as the System considers
				necessary, to properly identify a person who elects to participate in the
				membership fee deduction program.
(d) The System is not liable or responsible
				for any damages or consequences resulting from a person's authorization or
				cancellation of a deduction under this section. A person who disputes any
				aspect of an authorization or cancellation must seek resolution through the
				applicable state employee organization.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.45 - Overpayment or Improper Payment of Benefits

Current through Reg. 49, No. 28; July 12, 2024
An individual who receives an overpayment or an improper
				  payment of a benefit from the retirement system may be liable for the amount of
				  the overpayment or improper payment, plus interest, accruing at a rate of five
				  percent per annum beginning on the 30th day after written notice by ERS of the
				  overpayment or improper payment. ERS may, in its discretion, decline to charge
				  interest under this rule if the overpayment was due to an error by ERS, or if
				  the cost of calculating, assessing and collecting the interest may reasonably
				  exceed the value of the interest.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.47 - Assignment of Death Benefit for Funeral Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Notwithstanding any other rule, a designated beneficiary of a System member or
				retiree may, under Sections
				814.404
				and
				814.504,
				Texas Government Code, assign a death benefit otherwise payable to the
				beneficiary only to the extent permitted by those statutes.
(b) An assignment under this section must be
				made in accordance with and on a form promulgated by the System, and the System
				has sole discretion to determine if the assignment is valid and complies with
				applicable law.
(c) In the event
				that a System member or retiree has designated multiple beneficiaries, any
				assignment under this section applies only to the share of the benefit to which
				an individual beneficiary making the assignment is determined by the System to
				be eligible. The System may rely on the approved beneficiary designation form
				on file with the System in making such a determination.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 73 - BENEFITS › Section 73.49 - Uniformed Services Employment and Reemployment Rights Act

Current through Reg. 49, No. 28; July 12, 2024
To the extent that the Uniformed Services Employment and
				  Reemployment Rights Act (USERRA) applies to system members, a member:
(1) Shall be entitled to contributions,
				benefits, and credited service for the period of qualified military service to
				the extent required by USERRA; Internal Revenue Code §414(u); and
				effective January 1, 2007, Internal Revenue Code §401(a)(37);
				and
(2) May claim service credit
				for military service not previously established by paying a contribution for
				each month of service credit in an amount equal to the greater of:
(A) The amount that the member contributed
				for the first full month of membership service that is after the member's date
				of release from active military duty and that is credited in the retirement
				system; or
(B) $18.