| (a) Employment of a person by a single TRS covered
employer for one-half or more of the standard full-time work load
at a rate comparable to the rate of compensation for other persons
employed in similar positions is regular, full-time service eligible
for membership.
(b) Any employee of a public state-supported educational
institution in Texas shall be considered to meet the requirements
of subsection (a) of this section if his or her customary employment
with a single employer is for 20 hours or more for each week and for
four and one-half months or more.
(c) Membership eligibility for positions requiring
a varied work schedule is based on the average of the number of hours
worked per week in a calendar month and the average number of hours
worked must equal or exceed one-half of the hours required for a similar
full-time position.
(d) For purposes of subsection (a) of this section,
full-time service is employment that is usually 40 clock hours per
week. If the TRS-covered employer has established a lesser requirement
for full-time employment for specified positions that is not substantially
less than 40 hours per week, full-time service includes employment
in those positions. In no event may full-time employment require less
than 30 hours per week.
(e) Beginning on the first day of the 2011-2012 school
year and thereafter:
(1) Except as provided in subsection (j) of this section
regarding adjunct faculty, if there is no equivalent full-time position
of a given position, the minimum number of hours required per week
that will qualify the position for TRS membership is 15.
(2) The requirement in this subsection applies to all
positions, including bus drivers.
(f) For school years prior to the 2011-2012 school
year:
(1) If there is no equivalent full-time position of
a given non-certified position, the minimum number of hours required
per week that will qualify the position for TRS membership is 15.
(2) If there is no equivalent full-time position of
a given certified position, the minimum number of hours required per
week that will qualify the position for TRS membership is 20.
(3) Persons regularly employed as bus drivers for routes
approved by the Transportation Department of the Texas Education Agency
are eligible for membership. A person will be considered regularly
employed as a bus driver if his or her customary employment requires
driving at least one such route per day.
(g) For purposes of subsection (a) of this section,
regular employment is employment that is expected to continue for
four and one-half months or more. Employment with an institution of
higher education (including community and junior colleges) is regular
employment if it is expected to continue for more than one full semester
or continues for more than one full semester in the same school year.
Employment that is expected to continue for less than four and one-half
months or for no more than one full semester in a school year is temporary
employment and is not eligible for membership.
(h) For purposes of subsection (a) of this section,
a rate of compensation is comparable to other persons employed in
similar positions if the rate of compensation is within the range
of pay established by the Board of Trustees for other similarly situated
employees or is the customary rate of pay for persons employed by
that employer in similar positions.
(i) For purposes of this section, employment in institutions
of higher education (including community and junior colleges) as an
instructor of classes taken by students for college credit or classes
that are taken to prepare students for college level work, that are
measured or expressed in terms of the number of courses; semester
or course hours/credits; instructional units; or other units of time
representing class or instructional time must be converted to clock
hours and counted as a minimum of two clock hours for each clock hour
of instruction or time in the classroom or lab in order to reflect
instructional time as well as preparation, grading, and other time
typically associated with one hour of instruction. If the employer
has established a greater amount of preparation time for each hour
in the classroom or lab, the employer's standard will be used to determine
the number of clock hours scheduled for work. Employment as an instructor
of an on-line class taken by students for college credit that is measured
or expressed in terms of the number of courses; semester or course
hours/credits; instructional units; or other units of time representing
class or instructional time must be counted as a minimum of two clock
hours for each course hour or semester hour. Employment as an instructor
of continuing education, adult education, and/or classes offered to
employers or businesses for employee training, that is not measured
or expressed in terms of the number of courses; semester or course
hours/credits; or instructional units or other units of time rather
than clock hours and for which the students/participants do not receive
college credit must be considered for membership based on the number
of clock hours worked.
(j) Beginning on the first day of the 2013-2014 school
year, the minimum number of hours required per week that will qualify
an adjunct faculty position for TRS membership is 20. Effective with
the beginning of the 2015-2016 school year, the minimum number of
hours per week that will qualify an adjunct faculty position as eligible
for membership in TRS must be served with a single employer or must
meet the requirements of §25.6 of this title (relating to Part-time
or Temporary Employment). For purposes of this section, an adjunct
faculty position is an instructor position that is filled on a semester-by-semester
basis, compensated on a per class basis, and the duties include only
those directly related to instruction of students in a class taken
by students for college credit or taken to prepare students for college
level work. If a person combines work as an adjunct faculty instructor
and any other type of employment, the minimum number of hours worked
per week that will qualify the person for membership is 20.
(k) A person employed by an open enrollment charter
school authorized under Subchapter D, Chapter 12, Education Code,
or the open enrollment charter holder is eligible for membership in
TRS if the person is performing services on behalf of the Texas open
enrollment charter school and the employment otherwise meets the requirements
of this section. A person employed by a management company or other
entity retained by the charter school or charter holder to provide
management or other services on behalf of the open enrollment charter
school is not eligible for membership in TRS.
(l) A person employed by a Texas public school district
and performing services on behalf of a campus or program charter school
authorized under Subchapter C, Chapter 12, Education Code, is eligible
for membership in TRS if the employment otherwise meets the requirements
of this section. An employee of an open enrollment charter holder
that is contracted to provide services to a campus or program charter
school is eligible for membership in TRS if the person is performing
services on behalf of the campus or program charter school and the
employment otherwise meets the requirements of this section. An employee
of a management company or other entity retained to provide management
or other services on behalf of the campus or program charter school
is not eligible for membership in TRS.
(m) Beginning on September 1, 2015, if an employee
is employed in two or more part-time positions with a single employer,
the minimum number of hours the employee must work in all positions
in order to establish eligibility for membership in TRS must equal
or exceed one-half of the hours required for the full-time equivalent
position requiring the greater number of hours per week.
|
| Source Note: The provisions of this §25.1 adopted to be effective January 1, 1976; amended to be effective June 1, 1995, 20 TexReg 3733; amended to be effective June 15, 1999, 24 TexReg 4454; amended to be effective March 12, 2003, 28 TexReg 2093; amended to be effective October 25, 2006, 31 TexReg 8728; amended to be effective March 8, 2007, 32 TexReg 1078; amended to be effective April 1, 2011, 36 TexReg 1828; amended to be effective June 3, 2013, 38 TexReg 3652; amended to be effective August 15, 2013, 38 TexReg 5110; amended to be effective July 17, 2014, 39 TexReg 5430; amended to be effective December 22, 2014, 39 TexReg 10021; amended to be effective January 1,2016, 40 TexReg 9724 |
