| (a) Except as provided in subsection (e) of this section,
any member who has withdrawn an account resulting in the cancellation
of service credit may reinstate this account and receive credit for
the canceled service by meeting the following requirements:
(1) resume membership service in the retirement system
or establish eligibility under Government Code, Chapter 803 or 805;
(2) redeposit the amount withdrawn for the years during
which the membership was terminated;
(3) except as provided by subsections (b) and (c) of
this section, pay a reinstatement fee of 8 percent compounded annually
in whole year increments from August 31st of the plan year in which
the withdrawal occurred to the date of redeposit;
(4) reinstate all withdrawn accounts which resulted
in the cancellation of service credit. A withdrawn account representing
less than a creditable year of service must be reinstated only when
it is necessary to combine the canceled service in the account with
all other canceled service or with other eligible membership service
or equivalent membership service performed in the same year to constitute
a creditable year of service.
(b) A member may establish withdrawn service credit
by paying the deposits and fees required in subsection (c) of this
section if:
(1) the member otherwise meets all eligibility requirements
under §823.501, Government Code, as amended;
(2) all of the service for which credit is sought to
be established was rendered before September 1, 2011, and TRS received
an application to withdraw the credit on or before August 31, 2011;
and
(3) the member makes payment for the withdrawn service
credit, or enters into an installment agreement for payment, not later
than August 31, 2013.
(c) To reinstate withdrawn service credit under subsection
(b) of this section, the member shall redeposit the amount withdrawn
for the years during which the membership was terminated and shall
pay a reinstatement fee of 6 percent compounded annually in whole
year increments from August 31 of the plan year in which the withdrawal
occurred to the date of redeposit.
(d) Membership service credit and the accumulated contributions
associated with the membership terminated by not qualifying for service
credit for five consecutive years as provided in §822.003(a)(4),
Government Code, may be restored by TRS when the person returns to
TRS covered employment provided the accumulated contributions in the
member account have not been withdrawn. If the accumulated contributions
have been withdrawn, the member may reinstate the withdrawn account
as provided in this section.
(e) A person who terminated membership in TRS by electing
participation in the Optional Retirement Program (ORP) may not reinstate
the years of terminated service credit in TRS for the purpose of establishing
eligibility for retirement benefits under the Proportionate Retirement
Program except as provided in §25.172(a) of this title (relating
to ORP and TRS).
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| Source Note: The provisions of this §27.6 adopted to be effective January 1, 1976; amended to be effective October 1, 1982, 7 TexReg 3367; amended to be effective December 1, 1994, 19 TexReg 9183; amended to be effective June 6, 1999, 24 TexReg 4247; amended to be effective March 12, 2003, 28 TexReg 2102; amended to be effective March 8, 2007, 32 TexReg 1086; amended to be effective September 1, 2011, 36 TexReg 5374; amended to be effective December 23, 2014, 39 TexReg 10025; amended to be effective January 1, 2016, 40 TexReg 9728 |
