| (a) A member who performs USERRA service creditable
in the retirement system but who does not establish credit for the
service by making the deposits required by this subchapter is entitled
to have the USERRA service considered as if it were credited in TRS
to the extent required by USERRA. To use USERRA service in this manner,
the member must submit a written request to TRS before the later of
the date of application for retirement or the effective date of retirement.
With respect to benefits payable after the death of a member, a beneficiary
must submit a written request to TRS before any part of a death benefit
is paid by TRS. To use USERRA service to meet other provisions of
the TRS retirement plan that are conditioned on years of TRS service
credit, the member must submit a written request to TRS before action
is taken under that plan provision.
(b) The USERRA service described in subsection (a)
of this section is usable only in determining eligibility for, but
not the amount of, service or disability retirement benefits or death
benefits, and eligibility for other retirement plan features conditioned
on years of service credit, but in no event shall such service be
used to calculate the amount due to the member under such plan features.
(c) The USERRA service described in subsection (a)
of this section is usable in determining eligibility for TRS-Care
and is applicable to other provisions of TRS-Care that are based on
years of TRS service credit. To use USERRA service in this manner,
the member must submit a written request to TRS before the later of
the date of application for retirement or the effective date of retirement.
(d) USERRA service described in subsection (a) of this
section shall not be eligible for use in the manner described in this
section if the member has established military service credit under §25.61
of this title (relating to Service Credit for Eligible Military Duty)
for the same service or has established military service credit or
USERRA credit under any other Texas public retirement system for the
same service.
(e) A person who is a member on August 31, 2014 and
who rendered USERRA service before September 1, 2014 may use the USERRA
service in determining if the member has accrued the five years of
service credit by August 31, 2014 necessary to establish eligibility
to retire under the terms of the plan existing on that date, provided
the person maintains membership in TRS until retirement and the USERRA
service is verified before retirement.
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