Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 306 - CREDITABLE SERVICE FOR MEMBERS OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 306.3 - Qualified Service Credit for Eligible Active Military Duty under the Uniformed Services Employment and Re-Employment Rights Act

Current through Reg. 49, No. 28; July 12, 2024
(a) A member may obtain qualified service
				credit for active military duty if the military duty constitutes qualified
				military service in uniformed services, as provided under the Uniformed
				Services Employment and Re-Employment Rights Act,
				38 United States Code §
										4301 et seq. (USERRA), and the member is
				otherwise eligible to obtain such service credit under USERRA.
(b) Under this section and in accordance with
				USERRA, a member whose active military duty is entitled to coverage under
				USERRA may be awarded qualified service credit for up to five (5) years of
				active military duty, subject to any additional period of time as provided in
				USERRA.
(c) A member who is no
				longer available to perform emergency services or support services (if
				applicable) for a participating department due to active military duty, whether
				such duty is performed on a voluntary or involuntary basis, will be designated
				as on military leave by the pension system if the participating department
				substantiates such active military duty by submitting a letter to the pension
				system verifying the member's active military status, including the
				commencement date of active military service, and by providing any relevant
				documentation that may be requested by the pension system.
(d) Upon returning to service with the
				participating department for which the member was performing services prior to
				active military duty, the member is eligible to be awarded qualified service
				credit for the period while on active military duty under this section, not to
				exceed five (5) years, and in accordance with USERRA if the member:
(1) is discharged or released from active
				military duty under honorable conditions or as otherwise provided by USERRA;
				and
(2) returns to service with the
				participating department for which the member was performing services prior to
				active military duty within ninety (90) days of discharge or release from
				active military duty or longer period of time as may be required by USERRA,
				provided that the participating department substantiates such return from
				active military duty by submitting a letter to the pension system verifying the
				member's return from military service, including the last date of active
				military service and date of return to service with the participating
				department, and by providing any relevant documentation that may be requested
				by the pension system. The pension system shall consider the provisions of
				USERRA or regulations adopted pursuant to USERRA in determining eligibility for
				qualified service credit of members who return to service with a participating
				department later than 90 days due to illness or injury incurred in, or
				aggravated during, uniformed service.