Texas Administrative Code

Texas Administrative Code

TITLE 34	PUBLIC FINANCE
PART 4	EMPLOYEES RETIREMENT SYSTEM OF TEXAS
CHAPTER 71	CREDITABLE SERVICE
RULE §71.17	Credit for Unused Accumulated Leave

(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%.

Source Note: The provisions of this §71.17 adopted to be effective November 23, 1989, 14 TexReg 5934; amended to be effective October 29, 1991, 16 TexReg 5847; amended to be effective April 20, 1994, 19 TexReg 2550; amended to be effective September 15, 1997, 22 TexReg 9004; amended to be effective January 9, 2000, 24 TexReg 12071; amended to be effective September 13, 2001, 26 TexReg 6953; amended to be effective June 10, 2014, 39 TexReg 4485; amended to be effective September 14, 2022, 47 TxReg 5497