Texas Administrative Code

Texas Administrative Code

TITLE 34	PUBLIC FINANCE
PART 3	TEACHER RETIREMENT SYSTEM OF TEXAS
CHAPTER 25	MEMBERSHIP CREDIT
SUBCHAPTER C	UNREPORTED SERVICE OR COMPENSATION
RULE §25.46	Determination of Compensation Subject to Deposit and Credit

(a) The amount of deposits due for unreported service rendered or compensation paid in the current school year or for unreported service rendered or compensation paid in the immediately preceding school year and corrected as provided in §25.28(g) of this title (relating to Payroll Report Dates) will be calculated at the member contribution rate in effect for the year in which the service was rendered or compensation was paid but for which no deposits or insufficient deposits were made. Contributions will be based on creditable compensation as determined under the laws and rules applicable at the time of the service.

(b) Beginning with the 2015-2016 school year, compensation paid to a member by an employer to correct an error of underpayment occurring in a prior school year or school years will be credited by TRS in the school year in which the compensation is paid. The amount of contributions owed on creditable compensation is determined under the laws and rules applicable at the time of the corrective payment and must be paid in a lump sum pursuant to Government Code, §825.409 from any compensation due to the employee.

Source Note: The provisions of this §25.46 adopted to be effective September 4, 1981, 6 TexReg 3098; amended to be effective January 24, 1992, 17 TexReg 251; amended to be effective June 15, 1999, 24 TexReg 4455; amended to be effective March 12, 2003, 28 TexReg 2095; amended to be effective March 8, 2007, 32 TexReg 1079; amended to be effective December 22, 2014, 39 TexReg 10021; amended to be effective January 1, 2016, 40 TexReg 9725