(a) For purposes of determining eligibility for retirement
benefits, a person holding a position in the employee class of membership
is considered to be hired before a date specified in a statute or
rule if the person:
(1) Is hired and begins working before the specified
date in a position included in the employee class;
(2) Establishes membership in the employee class by
making a contribution to the system during the first payroll cycle
after beginning work as specified in paragraph (1) or immediately
after completing any applicable waiting period connected with the
employment specified in paragraph (1); and
(3) Complies with subsection (c) of this section.
(b) For purposes of determining eligibility for retirement
benefits, a person holding an office in the elected class of membership
is considered to have taken office before a date specified in a statute
or rule if the person:
(1) Is elected or appointed to the office, qualifies
for the office, and assumes the office before the specified date in
a position included in the elected class;
(2) Establishes membership in the elected class by
making a contribution to the system during the first payroll cycle
after satisfying the criteria specified in subsection (1) or immediately
after completing any applicable waiting period connected with the
office specified in subsection (1); and
(3) Complies with subsection (c) of this section.
(c) Once a person establishes eligibility for retirement
benefits under subsection (a) or (b) of this section, in order to
sustain such eligibility, the person must maintain membership in either
the employee or elected class, or both the employee and elected classes,
without interruption until retirement.
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Source Note: The provisions of this §73.2 adopted to be effective March 15, 2010, 35 TexReg 2201; amended to be effective June 14, 2010, 35 TexReg 5041; amended to be effective June 10, 2014, 39 TexReg 4486; amended to be effective September 14, 2022, 47 TexReg 5497 |