reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.81 - Out-of-State Service Eligible for Credit

Current through Reg. 49, No. 28; July 12, 2024
A member may obtain out-of-state service credit for
					 qualified employment in public educational institutions which are maintained in
					 whole or in part by one of the states in the United States of America; by a
					 commonwealth, territory, or possession of the United States of America; or by
					 the United States government. Public educational institutions of the United
					 States government must have been maintained for the primary purpose of
					 educating the children of United States citizens either in foreign countries or
					 in locations within the United States where state and local government have not
					 provided public educational facilities. The service in eligible institutions
					 must satisfy the requirements for membership in the Teacher Retirement System
					 of Texas, except for the requirement that the employment be in Texas. Further,
					 the service must have been for at least 4 1/2 months of the school year, or for
					 at least a full semester of more than four calendar months, or for at least 90
					 days of a school year as a substitute in a position otherwise eligible for
					 out-of-state service. For service rendered in the 2011-2012 school year and
					 after, a member must have worked or received paid leave in a position otherwise
					 eligible for out-of-state service credit for at least the minimum amount of
					 time 90 days required of a member to receive service credit in that school year
					 or worked for at least 90 days in a school year as a substitute in a position
					 otherwise eligible for out-of-state service credit. A member may satisfy any of
					 these requirements by combining the out-of-state service with employment in the
					 Texas public schools that occurred in the same school year and for which
					 deposits are maintained in the member's account. A member eligible to establish
					 normal membership service credit for a school year may not obtain out-of-state
					 service credit for that year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.82 - Cost

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided by subsections (g) and
				  (h) of this section, the cost of establishing out-of-state service credit is
				  the actuarial cost, as determined by TRS, of the additional standard annuity
				  retirement benefits that would be attributable to the out-of-state service
				  credit purchased under this section.
(b) To calculate the actuarial cost, TRS will
				  use the cost factors and method described in §
										25.302
				  of this title (relating to Calculation of Actuarial Cost).
(c) The purchase cost described in this
				  section assumes a lump-sum deposit will be made. If deposits are made under an
				  installment agreement, a non-refundable installment fee of 9%
				  applies.
(d) No credit will be
				  applied to the cost of a year of out-of-state service credit for any TRS
				  contributions made in the same school year.
(e) The date of first eligibility to purchase
				  credit for any year of out-of-state service shall be the latest of the
				  following dates:
(1) the date the member
				  received 5 years' credit for service in the public schools of Texas;
(2) the date state law made the out-of-state
				  service available for TRS service credit;
(3) the date in which the member qualified to
				  deposit payment for each year of out-of-state service under the one for two
				  rule in effect until March 20, 1975;
(4) the date the member completed one year of
				  creditable service in the public schools of Texas after relevant out-of-state
				  service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.84 - Crediting Fees

Current through Reg. 49, No. 28; July 12, 2024
The crediting fees for out-of-state service credit, when
					 applicable, will be credited to the state contribution
					 account.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.85 - Amount of Out-of-State Service Which Can Be Purchased

Current through Reg. 49, No. 28; July 12, 2024
(a) Credit is limited to one year of
				  out-of-state service for each year in Texas.
(b) No out-of-state service can be used to
				  compute any benefit for any person with less than 5 years service in
				  Texas.
(c) Not more than 15 years
				  out-of-state service can be purchased in accordance with Government Code,
				  §
										823.401,
				  provided that if any of the years of out-of-state service is considered
				  nonqualified service, no more than five years of nonqualified service credit
				  can be purchased. For purposes of this section, nonqualified service means the
				  member's out-of-state service is currently maintained in another public
				  retirement system from which the member has a right to receive a distribution,
				  including a refund of contributions.
(d) Any purchase is subject to applicable
				  plan qualification requirements, including applicable plan limitations on
				  member contributions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.86 - Computing Average Compensation

Current through Reg. 49, No. 28; July 12, 2024
Neither compensation for out-of-state service nor the
					 annual salary rate used to compute the cost of out-of-state service credit is
					 used in computing the average compensation used in the determination of
					 retirement or death benefits or for any other TRS purpose.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter G - PURCHASE OF CREDIT FOR OUT-OF-STATE SERVICE › Section 25.87 - Effective Date of Out-of-State Service Credit and Time for Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) If all other conditions and requirements
				  are met, credit for service will be given immediately upon payment.
(b) Payment may be made for whole years. No
				  smaller payment or payment for part of a year can be accepted except as
				  permitted under the laws and rules authorizing installment payments.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter H - JOINT SERVICE WITH EMPLOYEES RETIREMENT SYSTEM › Section 25.113 - Transfer of Credit between TRS and ERS

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. These
				  rules are intended to implement the provisions of the Government Code, Chapter
				  805, concerning the transfer of credit between the Teachers Retirement System
				  of Texas and the Employees Retirement System of Texas and to provide a
				  systematic method of funding the actuarial value of the annuity resulting from
				  transferred service.
(b)
				  Definitions. The following words and terms, when used in this section, shall
				  have the following meanings, unless the context clearly indicates otherwise.
(1) Receiving system--The system which will
				  pay benefits based upon service credit transferred from the other
				  system.
(2) Transferring
				  system--The system from which service credit is transferred for the purpose of
				  obtaining additional benefits from the other system.
(3) TRS--The Teacher Retirement System of
				  Texas.
(4) ERS--The Employees
				  Retirement System of Texas.
(5)
				  Crediting system--means the system in which service credit is established prior
				  to any transfer.
(6) ORP--The
				  Optional Retirement Program described in Government Code, Chapter
				  830.
(7) Cash Balance Group
				  Member--a member of ERS receiving or eligible to receive a retirement benefit
				  under Government Code, Chapter 820.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter I - VERIFICATION OF SERVICE OR COMPENSATION › Section 25.121 - Employer Verification

Current through Reg. 49, No. 28; July 12, 2024
Verification of service or compensation that was not
					 reported to TRS or that was reported but requires further documentation in
					 order to be creditable must be made by the employer in a form prescribed by
					 TRS. At the request of TRS, employers shall provide copies of any records or
					 information regarding service or compensation, including but not limited to
					 contracts, work agreements, salary schedules or addenda, board minutes, payroll
					 records, employment records, or other materials that will assist TRS in making
					 a determination. TRS may rely upon employer verifications of service or
					 compensation or may conduct an investigation to determine whether verified
					 service or compensation is eligible.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter I - VERIFICATION OF SERVICE OR COMPENSATION › Section 25.122 - Affidavit

Current through Reg. 49, No. 28; July 12, 2024
For unreported service, the employer must certify the
					 service and compensation paid and the member must sign the affidavit to show
					 the service was rendered.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter I - VERIFICATION OF SERVICE OR COMPENSATION › Section 25.123 - Certification

Current through Reg. 49, No. 28; July 12, 2024
The correctness of this affidavit must be certified by an
					 official of the employer where the service was rendered. This can be done by
					 the superintendent, business manager, certified reporting official, secretary
					 of the school board, or treasurer of the school board at the time the
					 certification is made. The certification must be based upon the existing
					 records maintained by the employer and must be in the form prescribed by TRS
					 for this purpose. TRS shall determine whether the verified service or
					 compensation is eligible for TRS purposes. For a charter holder or charter
					 school that is no longer in operation, verification shall be made by the Texas
					 Commissioner of Education or the custodian designated under 19 TAC §
										100.1203(b)
					 (relating to Records Management).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter J - CREDITABLE TIME AND SCHOOL YEAR › Section 25.131 - Required Service

Current through Reg. 49, No. 28; July 12, 2024
(a) Beginning on
				  the first day of the 2011-2012 school year and thereafter:
(1) Except as provided in paragraph (3) of
				  this subsection, a member must work in a TRS eligible position and be paid or
				  receive paid leave from a TRS eligible position at least 90 days during the
				  school year to receive a year of service credit.
(2) A substitute as defined in §
											25.4 of this title (relating to
				  Substitutes) will be qualified for membership and granted a full year of
				  service credit by working 90 or more days as a substitute in a school year,
				  receiving pay for that work, and verifying the work as provided in §
											25.121 of this title (relating to
				  Employer Verification) and §
											25.47 of this title (relating to
				  Deadline for Verification) and paying the actuarial cost for the work as
				  provided in §
											25.43 of this title (relating to
				  Cost for Unreported Service or Compensation).
(3) In the last school year of service before
				  retirement, a member serving in an eligible position who worked and was paid
				  for that work or received paid leave for less than 90 days in the school year
				  but worked and was paid for that work or received paid leave for a full fall
				  semester in accordance with the employer's calendar will receive a year of
				  service credit. If the employer's calendar does not provide for semesters, a
				  member must work and be paid for work in an eligible position or receive paid
				  leave from an eligible position for at least 90 days in order to receive a year
				  of service credit for the school year before retirement.
(4) Days that the employer is scheduled to be
				  closed for business are not included in the 90 days of work required to receive
				  a year of service credit unless the day(s) are paid holidays by the employer or
				  the employee was charged with paid leave during the closing. Holidays that are
				  not included in the required number of work days for an employee are not
				  counted as paid holidays or days of paid leave.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter J - CREDITABLE TIME AND SCHOOL YEAR › Section 25.132 - Paid Leave Time

Current through Reg. 49, No. 28; July 12, 2024
Paid leave time, including vacation, sick, and
					 administrative leave, used during the normal course of business and for which a
					 member is paid shall be considered as service in determining a creditable year.
					 This ruling does not include summer months between school terms when no service
					 is rendered even though the member may be paid in 12 monthly payments or days
					 in which the employer is closed for business and the days are not included in
					 the employee's required number of work days. Certification of payment and
					 copies of the employer's policy must be provided to TRS on
					 request.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter J - CREDITABLE TIME AND SCHOOL YEAR › Section 25.133 - School Year

Current through Reg. 49, No. 28; July 12, 2024
(a) For the purpose
				  of granting creditable time toward retirement and determining a member's annual
				  compensation, for school years prior to the 2012-2013 school year a "school
				  year" shall be one of the following:
(1) a
				  period extending from the beginning of the school term (but not earlier than
				  August 23) through August 31 of the following calendar year for service
				  rendered prior to the 1970-1971 school year;
(2) a period extending from the beginning of
				  the school term (but not earlier than August 2) through August 31 of the
				  following calendar year for service rendered for the 1970-1971 school year and
				  thereafter; or
(3) a period not to
				  include more than 12 months, extending from the beginning date of a "qualified
				  contract" or an oral or written work agreement year through August 31 of the
				  following calendar year or to the beginning date of a subsequent qualified
				  contract or oral or written work agreement year, whichever is earlier. Use of
				  this "qualified contract year" is optional for school years 1970-1971 through
				  1974-1975 but shall be mandatory for all persons under a qualified contract
				  after the 1974-1975 school year. Use of a written or oral work agreement that
				  is not a qualified contract is optional for school years 1970-1971 through
				  1994-1995, but shall be mandatory for all persons employed under a written or
				  oral work agreement after the 1994-1995 school year. A "qualified contract" or
				  "work agreement" is any employment agreement in which service each year under
				  the agreement is to begin on or after July 1 and is to extend past August 31 of
				  the same calendar year. A "qualified contract" further imposes upon the
				  employing school district a legal obligation to employ and compensate the
				  employee for the entire duration of the agreed employment period.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter J - CREDITABLE TIME AND SCHOOL YEAR › Section 25.134 - Credit Limit

Current through Reg. 49, No. 28; July 12, 2024
No member can receive credit for more than one year of
					 service in any school year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter J - CREDITABLE TIME AND SCHOOL YEAR › Section 25.135 - Service Credit Missing from Annual Statement

Current through Reg. 49, No. 28; July 12, 2024
(a) If membership service has not been
				  credited by TRS on a member's annual statement, the member must notify TRS in
				  writing of the service that the member requests to be credited. If an error on
				  the annual statement regards either service rendered or compensation paid in
				  the immediately preceding school year and the error may be corrected as
				  provided in §
										25.28(g)
				  of this title (relating to Payroll Report Dates), the member must notify TRS in
				  writing of the error by May 31 of the school year following the school year in
				  which the error occurred.
(b)
				  Except as provided in subsection (a) of this section, for service rendered
				  after August 31, 2011, in order for service missing from an annual statement to
				  be creditable, TRS must receive the written notification on or before the last
				  day of the fifth school year after the end of the school year in which the
				  service was rendered.
(c) For
				  service rendered on or before August 31, 2011, in order for service missing
				  from an annual statement to be creditable, TRS must receive the written
				  notification on or before the last day of the fifth school year after the end
				  of the school year in which the service was rendered or August 31, 2016,
				  whichever is later.
(d) The
				  notification deadline is applicable to any membership service that has not been
				  properly credited on a member's annual statement, including service not
				  reported by an employer or service reported but for which TRS did not grant
				  credit to the member.
(e) Failure
				  to receive an annual statement in one or more years, including years in which
				  the person is not a member of TRS, does not extend the notification
				  deadline.
(f) Required deposits
				  deducted and paid to TRS are not refundable to a member if service is not
				  creditable, unless a member terminates membership by withdrawal of all
				  contributions in accordance with applicable law.
(g) After making timely notification to TRS,
				  a member must provide verification and make deposits as required by TRS before
				  service may be credited. Verification must be made in the form and within the
				  time period specified by applicable laws and rules, including §
										25.47
				  of this title (relating to Deadline for Verification). Service shall be
				  creditable only if TRS determines that the verified service is sufficient to
				  establish the credit being sought.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter K - DEVELOPMENTAL LEAVE › Section 25.151 - Application for Developmental Leave

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  eligible member with five years of membership service before the developmental
				  leave occurs may receive retirement service credit for up to two years of
				  developmental leave if the leave was approved as developmental leave in advance
				  by the member's employer and notice of intent to take the leave was filed with
				  the retirement system on or before the date a member began the leave.
(b) The member's employer is responsible for
				  determining whether a member's leave meets the definition of "developmental
				  leave" in Texas Government Code, §
										823.402(b).
(c) Application for developmental leave
				  credit must be made on or before the leave begins on a form available from the
				  Teacher Retirement System of Texas entitled "Notice of Intent to Take
				  Developmental Leave."
(d) A member
				  desiring developmental leave credit must submit the completed application form,
				  including certification by the member's employer, to the Teacher Retirement
				  System of Texas on or before the date the leave begins. The member must sign a
				  statement on the form that he or she intends to take developmental leave for
				  which credit is desired and must indicate the beginning and ending dates of the
				  leave that has been granted. To be creditable, developmental leave must cover
				  at least 90 days during a school year determined in accordance with the method
				  set forth in §
										25.131 of this
				  title (relating to Required Service) and in TRS policies implementing that
				  section. After completing the form, the member must submit it to his or her
				  employer for certification.
(e) The
				  employer must certify in the space provided on the application form that the
				  leave satisfies the statutory requirements for developmental leave.
(f) The completed and certified form must be
				  received by the Teacher Retirement System of Texas not later than the date the
				  member's developmental leave begins. The Teacher Retirement System of Texas
				  will acknowledge receipt of the form.
(g) To obtain service credit for the leave
				  after it has been completed, the member must meet the eligibility requirements
				  and pay the required deposits.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter K - DEVELOPMENTAL LEAVE › Section 25.152 - Eligibility, Cost, and Payment for Developmental Leave Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) A cost
				  statement for developmental leave may be obtained from the retirement system on
				  request by an eligible member after completion of the leave.
(b) To be eligible to establish developmental
				  leave credit, a member must:
(1) have at least
				  five years of service credited in the retirement system before the
				  developmental leave occurs;
(2)
				  have, at the time the required deposits for credit are paid, at least one year
				  of membership service credit in the retirement system following the
				  developmental leave; and
(3) have
				  at least five years of service credited in the retirement system at the time
				  the required deposits for the credit are paid.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter L - OTHER SPECIAL SERVICE CREDIT › Section 25.161 - Work Experience Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				  member may purchase one or two years of equivalent membership service credit in
				  the Teacher Retirement System of Texas ("TRS") for eligible work experience in
				  accordance with Government Code, §
										823.404
				  and subject to the approval of TRS. A member is eligible to establish up to two
				  years of equivalent membership service credit for eligible work experience if,
				  at the time of the purchase, the member has at least five years of membership
				  service credit in TRS, the member is a certified career or technology education
				  teacher, and the work experience was required for certification in a career or
				  technological field.
(b) Equivalent
				  membership service credit for eligible work experience may be established by
				  depositing with TRS the amounts described in subsection (c) of this section and
				  by submitting certification, in the form and manner prescribed by TRS, that the
				  member is entitled to salary step credit under Education Code, §
										21.403(b)
				  and is eligible to purchase the service credit.
(c) For each year of equivalent membership
				  service credit described in this section and approved by TRS, the eligible
				  member must deposit the actuarial present value, at the time of deposit, of the
				  additional standard retirement annuity benefits that would be attributable to
				  the work experience service credit to be purchased under this section. Upon
				  receipt by TRS of the required amount, the member will be credited with the
				  additional year(s) of service credit purchased up to the maximum years of
				  service credit allowed under Government Code, §
										823.404.
(d) To calculate these amounts, TRS will use
				  the cost factors and method described in §
										25.302
				  of this title (relating to Calculation of Actuarial Cost).
(e) No credit will be applied to the cost of
				  a year of work experience service credit for any TRS contributions made in the
				  same school year.
(f) The purchase
				  cost described in subsection (d) of this section assumes a lump-sum deposit
				  will be made. If deposits are made under an installment agreement, a
				  non-refundable installment fee of 9% applies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter L - OTHER SPECIAL SERVICE CREDIT › Section 25.162 - State Personal or Sick Leave Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				  member may purchase one year of service credit in the Teacher Retirement System
				  of Texas ("TRS") for accumulated state personal or sick leave in accordance
				  with Government Code §
										823.403 and subject
				  to approval of TRS.
(b) A member is
				  eligible to purchase one year of service credit if the member has at least ten
				  years of TRS service credit for actual service with one or more employers
				  defined by Government Code §
										821.001(7),
				  retires from such an employer, and has at least 50 days or 400 hours of
				  accumulated state personal or sick leave on the last day of employment before
				  retirement. Not more than an aggregate of five days of unused state personal or
				  sick leave may be accumulated per year. State personal and sick leave may be
				  combined, if needed, for the purpose of calculating the necessary 50 days or
				  400 hours. No more than one year of service credit may be purchased even if
				  more time has been accumulated.
(c)
				  Credit purchased under this section may be used only for the purpose of
				  calculating the amount of a retirement plan benefits but may not be used to
				  determine eligibility for retirement plan benefits.
(d) To establish service credit under this
				  section, an eligible member must submit an employer certification in the form
				  and manner prescribed by TRS. Additionally, the eligible member must deposit
				  with TRS, in the manner prescribed by TRS, the actuarial present value of the
				  additional standard retirement annuity benefits that would be attributable to
				  the conversion of the unused state personal or sick leave into the service
				  credit, as described in subsection (e) of this section.
(e) To compute these amounts, TRS will use
				  the State Personal or Sick Leave Conversion Factor Tables furnished by the TRS
				  actuary of record. Specifically, TRS will select the applicable conversion
				  factor from the table based on the age of the member in full years and months
				  at the effective date of retirement. To obtain the cost of the service credit,
				  the conversion factor will be multiplied by the increase in the monthly
				  standard retirement annuity resulting from the conversion of state personal or
				  sick leave to an additional one year of service credit. The increase in the
				  annuity will be determined using the standard retirement annuity without an
				  adjustment for an optional service retirement annuity plan selected by the
				  member because any optional plan selected by the member is required by
				  Government Code §
										824.204(b)
				  to be the actuarial equivalent of the member's standard retirement annuity.
Attached Graphic
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter L - OTHER SPECIAL SERVICE CREDIT › Section 25.163 - Service Credit Purchase

Current through Reg. 49, No. 28; July 12, 2024
Service credit purchased under the former provisions of
					 Government Code §823.405, repealed effective January 1, 2006, may be used
					 for retirement benefit purposes to the extent allowed by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter L - OTHER SPECIAL SERVICE CREDIT › Section 25.164 - Credit for Service During School Year With Membership Waiting Period

Current through Reg. 49, No. 28; July 12, 2024
(a) A member of the Teacher Retirement System
				  of Texas (TRS) who was subject to a membership waiting period during a period
				  of employment that was between September 1, 2003, and August 31, 2005, pursuant
				  to Government Code §
										822.001,
				  as amended by Ch.201, 78th Leg., R.S.2003, may purchase one year of equivalent
				  membership service credit in TRS in accordance with Government Code §
										823.406
				  and this section.
(b) A member is
				  eligible to purchase one year of service credit under this section if the
				  following requirements are met:
(1) the
				  individual served at least 4 1/2 months in an eligible position during the
				  school year in which the waiting period ended or, in the alternative, the
				  individual served a full semester of more than four calendar months in an
				  eligible position during the school year in which the waiting period ended or
				  the individual entered into an employment contract or oral or written work
				  agreement for a period which would qualify the individual for a year of service
				  credit but who actually renders only 90 working days of service, and
(2) any portion of that service was performed
				  during the membership waiting period, and
(3) the individual did not serve a sufficient
				  length of time during the school year after becoming eligible for TRS
				  membership to earn a year of membership service credit in the retirement
				  system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter M - OPTIONAL RETIREMENT PROGRAM › Section 25.171 - Election of ORP

Current through Reg. 49, No. 28; July 12, 2024
(a) Members of the
				  retirement system (TRS) may elect to participate in the optional retirement
				  program (ORP) if:
(1) the member is employed
				  in a position in a Texas public institution of higher education eligible for
				  ORP participation;
(2) the time
				  limit for electing to participate in ORP has not expired; and
(3) the person has never exercised an
				  election between TRS and ORP participation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter M - OPTIONAL RETIREMENT PROGRAM › Section 25.172 - ORP and TRS

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as
				  provided in subsection (c) of this section, a person who has elected ORP
				  participation must become a member of TRS if the person later becomes an
				  employee of any Texas public educational institution other than in a
				  ORP-eligible position with an institution of higher education. The following
				  persons are generally required to become TRS members under this subsection:
(1) ORP participants who become employed in a
				  public school in a position eligible for TRS membership; and
(2) ORP participants with less than one
				  year's participation in ORP who become employed in a TRS-eligible position in
				  an institution of higher education that is not
				  ORP-eligible.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.181 - Minimum Monthly Payment

Current through Reg. 49, No. 28; July 12, 2024
Installment payments to establish special service credit,
					 except USERRA service credit which may not be purchased using installment
					 payments, including payments by cash, check, or similar methods, payments by
					 bank draft, or payments by payroll deduction shall be no less than $25 per
					 month.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.182 - Yearly Increments of Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  out-of-state service credit, military service credit, work experience service
				  credit purchased under Government Code §
										823.404,
				  USERRA service credit, developmental leave service credit, and unreported
				  service credit, a member may choose to purchase fewer years of service credit
				  than the total years of service credit which the member is eligible to
				  purchase. The years of credit shall be purchased and credited in the order in
				  which they appear on the TRS bill for the purchase.
(b) For military service and work experience
				  service credit purchased under Government Code §
										823.404,
				  the member must complete payment for the number of years of credit that the
				  member has chosen to purchase before purchasing additional years of the same
				  kind of service credit by either lump sum payment or by additional installment
				  payments. A member purchasing USERRA service credit must purchase the service
				  credit by paying the cost of the additional year(s) in a lump sum payment and
				  may not purchase the service credit using the installment payment method. Until
				  August 31, 2013, a member purchasing out-of-state service credit, developmental
				  leave service credit, or unreported service credit under an installment
				  purchase agreement may enter into a second installment purchase agreement for
				  the same type of service credit or may pay the lump sum cost of the additional
				  service credit before completing the purchase of the same type of service
				  credit under the initial installment purchase agreement.
(c) A member must purchase all withdrawn
				  service credit and may not choose to purchase this type of service credit in
				  yearly increments. A member will not receive any credit for withdrawn service
				  until the entire balance due and all fees have been paid.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.183 - Nonpayment

Current through Reg. 49, No. 28; July 12, 2024
The following occurrences shall be treated as nonpayment of
					 installment payments that are due:
(1)
				  a check returned for any reason;
(2) any bank draft which is not
				  honored;
(3) payroll deductions not
				  received by the retirement system; or
(4) a payment made by payroll deduction for
				  which an employer making the deduction subsequently takes credit.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.184 - Refund for Nonpayment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Teacher
				  Retirement System of Texas (TRS) may refund installment payments already made,
				  but not credited towards service, if:
(1) an
				  installment payment is not made in full within 60 days after the due
				  date;
(2) two or more consecutive
				  monthly payments have been made through a check on an account with insufficient
				  funds or a closed account or through an automatic bank draft for which
				  insufficient funds were available;
(3) a member notifies TRS in writing that he
				  will no longer make payments pursuant to the installment schedule and requests
				  a refund of amounts previously paid; or
(4) the number of partial payments becomes
				  excessive.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.185 - Amounts Not Refundable

Current through Reg. 49, No. 28; July 12, 2024
(a) The 9.0% per
				  annum fee required by the Government Code, §
										825.410(g),
				  is not refundable to either a member or beneficiary for any reason.
(b) Installment payments that have already
				  established service credit are not refundable to a member or beneficiary unless
				  a refund of total accumulated contributions is made to a member or
				  beneficiary.
(c) The following
				  amounts are not refundable to a member or beneficiary unless a refund of total
				  accumulated contributions is made to a member or beneficiary:
(1) amounts paid for unreported service
				  deposits, less fees; or
(2) amounts
				  paid for ineligible withdrawn service deposits, less fees.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.186 - Automatic Bank Draft

Current through Reg. 49, No. 28; July 12, 2024
The Teacher Retirement System of Texas (TRS) may accept
					 installment payments by automatic bank draft authorized by a member in writing
					 on a form prescribed by TRS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.188 - Payment by Beneficiary

Current through Reg. 49, No. 28; July 12, 2024
A beneficiary who elects to complete installment payments
					 under the Government Code, §
										825.410(d)(2),
					 may complete payment only for the same type of service credit for which the
					 member had made at least one payment prior to the member's death. If the member
					 had elected to make installment payments on fewer years of service credit than
					 he was eligible to purchase, the beneficiary may complete the installment
					 payments only for the years of credit elected by the member and for which the
					 member had made at least one payment. A beneficiary who elects to complete
					 installment payments must do so in a single lump sum payment received by TRS no
					 later than 12 months after the date of death of the member. Payments for TRS
					 service credit shall be paid in a manner consistent with any applicable
					 limitations on contributions under
					 26
					 United States Code §415, including any
					 applicable limitations on payments as a percentage of compensation of the
					 participant from the employer for the school year in which the payments are
					 sought to be made by a beneficiary. A beneficiary may not purchase TRS service
					 credit under this section if payments exceed applicable limitations on
					 contributions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.189 - Fees Set at the Time of First Payment

Current through Reg. 49, No. 28; July 12, 2024
For purposes of a statute or rule which provides that a fee
					 is to be charged from the date of eligibility until the date payment for the
					 credit is received or until date of redeposit, payment may be considered
					 received or redeposited when a member makes the first installment payment. If
					 the installment payments are refunded and if the same credit is purchased at a
					 later time, the member may no longer claim the first payment date as the date
					 on which payment for the credit is received for the purpose of calculating the
					 fees due.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter N - INSTALLMENT PAYMENTS › Section 25.191 - Time Period at Retirement to Complete Purchase of Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) Payment for service credit other than
				  service credit for accumulated state personal or sick leave must be received
				  not later than two calendar months after the later of the member's effective
				  retirement date or the last day of the month in which the member submits a
				  retirement application and before the later of the due date for the member's
				  first monthly annuity payment or the date on which the Teacher Retirement
				  System of Texas (TRS) issues the first monthly annuity payment to the member.
				  If the service credit other than service credit for accumulated state personal
				  or sick leave must be purchased in order to establish eligibility to retire,
				  the purchase must be completed by the effective date of retirement. If the
				  purchase of the service credit other than service credit for accumulated state
				  personal or sick leave cannot be completed within the time period provided in
				  this section, the member may decline to purchase the service credit and
				  maintain the member's effective retirement date or may revoke the member's
				  effective retirement date and select a later effective retirement date that
				  provides sufficient time to complete the purchase of the service credit.
(b) Payment for accumulated state
				  personal or sick leave service credit must be received by TRS not later than
				  the 90th day after the date TRS issues a cost statement for the purchase of the
				  service credit. If the purchase is being made by a rollover distribution from
				  another eligible retirement plan or a direct trustee-to-trustee transfer of
				  funds from an eligible plan as described in §
										823.403(d),
				  Government Code, TRS may grant the member a one-time 30 day extension to
				  complete the purchase. If the member cannot complete the purchase within the
				  time period provided, the member may decline to purchase the accumulated state
				  personal or sick leave service credit and maintain the member's effective
				  retirement date or may revoke the member's effective retirement date and select
				  a later effective retirement date that provides sufficient time to complete the
				  purchase. Accumulated state personal or sick leave credit may not be purchased
				  in order to establish eligibility for retirement benefits.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter O - ROLLOVER DISTRIBUTIONS AND TRANSFERS TO TRS › Section 25.201 - Acceptance of Rollovers and Transfers for Purchase of TRS Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) In addition to funds required to be
				  accepted under Government Code §
										823.005,
				  the Teacher Retirement System of Texas (TRS) may accept the funds described in
				  subsections (b) and (c) of this section, subject to the restrictions of this
				  section.
(b) If permitted under and
				  subject to the provisions of federal law, TRS may accept an eligible rollover
				  distribution from another eligible retirement plan in payment of all or a
				  portion of any deposit a member is permitted under applicable law to make with
				  the system for TRS credit.
(1) An "eligible
				  rollover distribution" is any distribution of all or any portion of the balance
				  to the credit of the member from an eligible retirement plan. An eligible
				  rollover distribution does not include the following:
(A) any distribution that is one of a series
				  of substantially equal periodic payments (not less frequently than annually)
				  made for the life (or life expectancy) of the member or the joint lives (or
				  joint life expectancies) of the member and the member's designated beneficiary,
				  or for a specified period of ten (10) years or more;
(B) any distribution to the extent such
				  distribution is required under Internal Revenue Code §401(a)(9);
(C) any distribution which is made upon
				  hardship of the member; or
(D) the
				  portion of any distribution that is not includible in gross income, except to
				  the extent permitted under federal tax law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 25 - MEMBERSHIP CREDIT › Subchapter P - CALCULATION OF FEES AND COSTS › Section 25.301 - Calculation of Fees

Current through Reg. 49, No. 28; July 12, 2024
All calculations of fees for service or compensation credit
					 required by law shall be made by applying the annual percentage rate for each
					 whole year from the ending date of the school year containing the date from
					 which the fee is to be calculated to the beginning date of the school year in
					 which payment in full is received by the retirement system or installment
					 payments commence. In this section, "school year" means September 1 through
					 August 31.