| (a) To obtain service credit for active military duty
under the Uniformed Services Employment and Re-Employment Rights Act
(USERRA) and §25.71 of this title (relating to Service Credit
for Eligible Active Duty under the Uniformed Services Employment and
Re-Employment Rights Act), the member must deposit with the retirement
system for each school year of service claimed an amount equal to
member contributions based on the following:
(1) the percentage of the applicable full annual compensation
rate equal to that in effect for deductions from member salaries for
the school year in which the military duty was rendered; and
(2) the full annual compensation rate for each school
year of membership service in which the member was on active military
duty eligible under the USERRA and §25.71 of this title. Membership
service does not include service as a substitute. For purposes of
determining the full annual compensation rate under this section,
the Teacher Retirement System (TRS) will use the amount of wages and
salary the member would have received had he continued to be employed
in his former TRS covered position from which he left for active military
duty. The member must submit a certification by the employer whose
employ he left to enter into active military duty of the wages and
salary he would have received had he remained in the TRS covered position.
(b) To obtain credit for member compensation for active
military duty under the USERRA and §25.71 of this title, the
member must deposit with the retirement system for each school year
of salary credit claimed an amount equal to member contributions based
on the following:
(1) the percentage of the applicable full annual compensation
rate equal to that in effect for deductions from member salaries for
the school year in which the military duty was rendered; and
(2) the full annual compensation rate for each school
year of membership service in which the member was on active military
duty eligible under the USERRA and §25.71 of this title. Membership
service does not include service as a substitute. For purposes of
determining the full annual compensation rate under this section,
TRS will use the amount of wages and salary the member would have
received had he continued to be employed in his former TRS covered
position from which he left for active military duty. The member must
submit a certification by the employer whose employ he left to enter
into active military duty of the wages and salary he would have received
had he remained in the TRS covered position.
(c) Credit for member compensation may be established
for any school year of active military duty eligible under the USERRA
and §25.71 of this title, even if service credit has already
been granted for the school year for service in the public schools
of Texas.
(d) Establishment of compensation credit does not entitle
a member to service credit for a school year unless no service credit
has been granted for the school year through sufficient service in
the public schools of Texas.
(e) A member is first eligible to establish credit
under §25.71 of this title on the date of application for reemployment
in a TRS covered position or on November 12, 1991, whichever is later.
(f) Service credit purchased under this section shall
be purchased in the order in which the service was rendered, with
the earliest years of military service being purchased first.
(g) The amount required to establish service credit
under subsection (a) of this section and the amount required to establish
compensation credit under subsection (b) of this section must be submitted
in a lump sum equal to the cost to purchase at least one year of service
or compensation credit and may not be submitted using the installment
method of payment.
|
| Source Note: The provisions of this §25.74 adopted to be effective January 24, 1992, 17 TexReg 252; amended to be effective March 12, 2003, 28 TexReg 2096; amended to be effective April 1, 2011, 36 TexReg 1833; amended to be effective December 22, 2014, 39 TexReg 10023; amended to be effective January 1, 2016, 40 TexReg 9726 |
