Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.4 - Credited Service Under the Uniformed Services Employment and Reemployment Rights Act

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				member may receive credited service for service in the uniformed services in
				accordance with the Uniformed Services Employment and Reemployment Rights Act
				(the USERRA) (38 U.S.C.
				§4301 et seq.). Notwithstanding any
				provision to the contrary, the rights and benefits of an eligible member under
				the Texas County and District Retirement System (the System) shall not be less
				than those rights and benefits provided by the USERRA.
(b) The following words and terms, when used
				in this section shall have the following meanings unless the context clearly
				indicates otherwise.
(1) Eligible member--An
				employee of a participating subdivision who is or would be considered to be
				employed in a position eligible for membership but who leaves employment with
				that subdivision to perform service in the uniformed services; whose employer
				was notified of the obligation or intention of the employee to perform service
				in the uniformed services; who is released or discharged from such service on
				or after December 12, 1994 under honorable conditions; whose cumulative period
				of service in the uniformed services with respect to that participating
				subdivision does not exceed five years not including periods excluded under
				38 U.S.C.
				§1412(c); who applies
				for reemployment with that participating subdivision within 90 days of release
				or discharge from the uniformed services, or after recovery from an illness or
				injury incurred in, or aggravated during, the performance of service in the
				uniformed services (but such recovery period does not exceed two years); and
				who is reemployed by the participating subdivision.
(2) Uniformed services--The Armed Forces of
				the United States of America; the Army National Guard and the Air National
				Guard when engaged in active duty for training, inactive duty training, or
				full-time National Guard duty; the commissioned corps of the Public Health
				Service; and any other category of persons designated by the President in time
				of war or emergency.
(3) Service in
				the uniformed services--The performance of duty on a voluntary or involuntary
				basis in a uniformed service under competent authority and includes active
				duty, active duty for training, initial active duty for training, inactive duty
				training, full-time National Guard duty, and a period for which an employee is
				absent from a position of employment for the purpose of an examination to
				determine the fitness of the employee to perform such duty.
(4) Participating subdivision--A subdivision
				that is participating in the Texas County and District Retirement System at the
				time the eligible member leaves employment with the subdivision to perform
				service in the uniformed services; a subdivision that is not participating in
				the System at the time the employee leaves employment with the subdivision to
				perform service in the uniformed services but commences participation during
				the period of the employee's performance of duty in a uniformed service; or a
				subdivision participating in the System that is a successor in interest to the
				participating subdivision from which the eligible member left employment to
				perform service in the uniformed services.