(a) For purposes of §304.2 of this title (relating
to Departmental Revocation of Participation in the Pension System)
and this section, an "affected member" means each current member of
a participating department who is listed on the department's certified
membership roster as required under §304.2(c)(2) of this title
and who has not commenced a retirement benefit prior to the date a
revocation occurs as determined under §304.2 of this title.
(b) Each affected member will be fully vested in the
affected member's accrued benefit in the pension system as of the
date the revocation occurs, regardless of the years of qualified service
or age of such affected member as of such date, as determined under
subsection (c), (d), or (e) of this section, as applicable.
(c) If the affected member has less than 10 years of
qualified service with the pension system as of the date the revocation
occurs, his or her accrued benefit will be equal to the product of
(1) and (2) where:
(1) equals the product of the actual number of years
of qualified service the affected member has earned with the pension
system, including any partial years, multiplied by five percent (5%);
and
(2) equals the full service retirement annuity determined
under §308.2(f) of this title (relating to Service Retirement
Annuity) based on the department's average monthly Part One contributions
as of such date.
(d) If the affected member has at least 10 years but
less than 15 years of qualified service with the pension system as
of the date the revocation occurs, his or her accrued benefit will
be equal to the product of (1) and (2) where:
(1) equals the sum of fifty percent (50%) plus the
product of the actual number of years of qualified service, including
any partial years, in excess of 10 years that the affected member
has earned with the pension system multiplied by ten percent (10%);
and
(2) equals the full service retirement annuity determined
under §308.2(f) of this title based on the department's average
monthly Part One contributions as of such date.
(e) If the affected member has 15 years of qualified
service or more with the pension system as of the date the revocation
occurs, his or her accrued benefit will be equal to the full service
retirement benefit determined under §308.2(f) of this title plus
any supplemental benefit determined under §308.2(g) of this title
based on the department's average monthly Part One contributions and
the affected member's actual years of qualified service as of such
date.
(f) An affected member who vests in his or her accrued
benefit under this section may commence such accrued benefit upon
attaining age 55 by applying for a retirement benefit in accordance
with Chapter 864, Texas Government Code.
(g) Accrued benefits of vested terminated members and
retirees of a department will not be affected by a department's revocation
of its participation in the pension system under §304.2 of this
title. A vested terminated member of such department may commence
his or her accrued benefit upon attaining age 55 by applying for a
retirement benefit in accordance with Chapter 864, Texas Government
Code, and a retiree of such department will continue to receive the
retirement benefit he or she was receiving as of the date of such
revocation.
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