| (a) In this section: (1) The term "document" means any form, statement, affidavit, application or report (and related attachments) required to be completed by or on behalf of a principal and filed with the system. (2) The term "electronically filed" means the filing of data transmitted to the retirement system by the communication of information by facsimile or in the form of digital electronic signals transformed by computer and stored in any medium. (3) The term "principal" means the member, beneficiary, annuitant, or subdivision on whose behalf the document is electronically filed. (b) All documents required to be filed with the system by or on behalf of a principal in accordance with these rules or the provisions of Subtitle F of Title 8 of the Texas Government Code may be electronically filed. A document requiring certification by a subdivision that is filed with the system shall be considered to have been certified by the subdivision. A document that has been properly completed by a principal (other than a subdivision) or authorized agent of the principal and that is electronically filed with the system shall be considered to have been certified by the principal if certifying language appears on the document. (c) The retirement system, in its sole and exclusive discretion, may: (1) accept an electronically transmitted document for filing, in which case the system will not provide notice of acceptance; (2) conditionally accept an electronically transmitted document for filing provided that the original is received by the system within a time certain as indicated in a notice sent to the principal; or, (3) decline to accept an electronically transmitted document for filing, in which case the system shall send notice to the principal that the electronically transmitted document has not been accepted. (d) An electronically transmitted document is not received in the system offices until the earlier of the time its receipt is recorded by the system's computer or the time the electronically transmitted document is printed from the system's fax machine. An electronically transmitted document accepted for filing is considered to be filed at the time it is received. A filing deadline that falls on a Saturday, Sunday or legal holiday will be extended to the next following business day. For purposes of meeting a filing deadline, an electronically transmitted document must be received by the system before midnight of the filing deadline. (e) It is solely the responsibility of the principal to ensure that the system has received an electronically transmitted document. |
| Source Note: The provisions of this §107.9 adopted to be effective January 12, 2000, 25 TexReg 213; amended to be effective April 9, 2000, 25 TexReg 3058; amended to be effective October 18, 2007, 32 TexReg 7266 |
