| (a) The provisions of subsections (a-1) and (b-1) of §824.202,
Texas Government Code, apply only to a person who becomes a member
of the retirement system on or after September 1, 2007 and before
September 1, 2014 and who has at least five years of service credit
in TRS on or before August 31, 2014 and maintains that service credit
in TRS until retirement.
(b) A member who met at least one of the requirements
of §51.12(a) of this title (relating to Applicability of Certain
Laws in Effect Before September 1, 2005) on or before August 31, 2005,
while a member of the Teacher Retirement System before termination
of membership through withdrawal of member contributions or absence
from service shall be considered as continuing to be eligible to be
governed by provisions of state law as described under §51.12(a)
of this title upon resumption of membership on or after September
1, 2007.
(c) A person who was a member of the retirement system
before September 1, 2007, but who terminates membership through withdrawal
of accumulated contributions, then resumes membership on or after
September 1, 2007 and before September 1, 2014 and who has at least
five years of service credit in TRS on or before August 31, 2014 and
maintains that service credit in TRS until retirement, is subject
to the provisions of subsections (a-1), (b-1), and (d-1) of §824.202,
Texas Government Code, regardless of whether the withdrawn service
credit is reinstated.
(d) The eligibility for service retirement of a member
who terminates membership due to absence from service without withdrawal
of contributions and reactivates the account under §823.501(f),
Texas Government Code, on or after September 1, 2007, shall be determined
based on the earliest date of service associated with the account.
(e) A member who does not have at least five years
of service credit in TRS on or before August 31, 2014 is eligible
for retirement under the provisions of §824.202 (a-2), (b-2),
and (d-2), Texas Government Code. A member who has at least five years
of service credit in TRS on or before August 31, 2014 but terminates
membership in TRS by withdrawal of accumulated contributions after
August 31, 2014 and later resumes membership in TRS on or after September
1, 2014 is also subject to §824.202 (a-2), (b-2), and (d-2),
Texas Government Code, regardless of whether the withdrawn service
credit is reinstated.
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| Source Note: The provisions of this §29.1 adopted to be effective May 22, 2008, 33 TexReg 4006; amended to be effective April 1, 2011, 36 TexReg 1993; amended to be effective September 1, 2011, 36 TexReg 5374; amended to be effective July 17, 2014, 39 TexReg 5433 |
