| (2) Vested in ORP. An ORP participant who terminates
employment in an ORP-eligible position after satisfying the ORP vesting
requirement and who becomes employed in a position that is not eligible
for ORP but is eligible for the applicable retirement system, shall
remain in ORP unless he or she became an active member of the applicable
retirement system during a break in service prior to employment in
the non-ORP-eligible position, in which case, he or she shall never
be eligible for ORP in lieu of the applicable retirement system again,
even if subsequently employed in an ORP-eligible position and/or if
membership in the applicable retirement system was canceled through
a withdrawal of employee contributions.
(A) ORP in Lieu of TRS. An ORP participant who has
vested in ORP in lieu of TRS, who terminates employment in an ORP-eligible
position, and who subsequently becomes employed with any Texas public
institution of higher education in a position that is not ORP-eligible,
but is TRS-eligible, shall continue to participate in ORP and shall
not be eligible for TRS membership, unless he or she terminates employment
with all Texas public institutions of higher education and becomes
employed in a TRS-eligible position with the Texas public school system
(e.g., Independent School Districts, regional educational service
centers) or any other Texas public educational institution or agency
that is covered by TRS but does not offer ORP in lieu of TRS, which
will require the participant to become a member of TRS. Such an individual
(i.e., one who has had active TRS membership since terminating ORP
participation), upon becoming subsequently reemployed with any Texas
public institution of higher education:
(i) shall not resume participation in ORP; and
(ii) shall not thereafter be eligible to participate
in ORP in lieu of TRS ever again, regardless of the individual's previous
ORP vested status, employment in an ORP-eligible position, or if the
individual's TRS membership was canceled by withdrawal of employee
contributions following termination of employment from the TRS-covered
position.
(B) ORP in Lieu of ERS. An ORP participant who has
vested in ORP in lieu of ERS at the Board, who terminates employment
in an ORP-eligible position with the Board, and who subsequently becomes
employed with the Board in a position that is not ORP-eligible, but
is ERS-eligible, shall, nevertheless, continue to participate in ORP
and shall not be eligible for ERS membership, unless he or she terminates
employment with the Board and becomes employed in an ERS-eligible
position with a Texas state agency that does not offer ORP in lieu
of ERS, which will require the participant to become a member of ERS.
Such an individual (i.e., one who has had active ERS membership since
terminating ORP participation), upon becoming subsequently reemployed
with the Board:
(i) shall not resume participation in ORP; and
(ii) shall not be eligible to participate in ORP in
lieu of ERS ever again, regardless of the individual's previous ORP
vested status, employment in an ORP-eligible position, or if the individual's
ERS membership was canceled by withdrawal of employee contributions
following termination of employment from the ERS-covered position.
(g) Employment in a Non-Benefits-Eligible Position.
(1) An employee who elected ORP in lieu of TRS and
who terminates employment in the ORP-eligible position and becomes
employed with the same or another Texas public institution of higher
education in a non-benefits-eligible position shall not be eligible
to participate in ORP (i.e., have contributions sent to the ORP company)
for the period of time while employed in the non-benefits-eligible
position.
(2) An employee who is participating in ORP at one
institution of higher education and who simultaneously becomes employed
at another institution in a non-benefits-eligible position is not
eligible to participate in ORP at the institution in which he or she
is employed in a non-benefits-eligible position.
(3) Definition. For purposes of this subsection, a
non-benefits-eligible position shall be defined as a position that
is one or more of the following:
(A) less than 50 percent effort;
(B) temporary, as defined by TRS for employees of Texas
public institutions of higher education; or
(C) requires student status as a condition of employment.
(4) Combining of Percent Effort at Different Institutions
Not Permitted. When calculating an employee's percent effort to determine
whether a position is non-benefits-eligible as provided in paragraph
(3) of this subsection, an institution shall include only the individual's
employment with that institution. For example, an individual who is
simultaneously employed at 25 percent effort with Institution A and
at 50 percent effort with Institution B shall not be eligible to participate
in ORP at Institution A even though he or she may already be participating
at Institution B based on a minimum 50 percent effort at Institution
B. An exception may be made for an individual who is simultaneously
employed with more than one component institution under the same governing
board that operates its ORP either as a single plan for all components
or includes the applicable components in the same plan. In this case,
the employee's percent effort at each component may be combined to
meet the minimum 50 percent effort requirement.
(5) Regardless of Vested Status. An employee shall
not be eligible to participate in ORP while employed in a non-benefits-eligible
position regardless of his or her ORP vested status.
(6) No Effect on ORP Eligibility. Because a non-benefits-eligible
position is not eligible for TRS, employment in a non-benefits-eligible
position normally shall have no effect on an employee's ORP eligibility
status upon his or her subsequent return to a benefits-eligible position,
regardless of vested status.
(7) Alternate Plan at Certain Community Colleges. Participation
in an alternate retirement plan for part-time employees who are not
eligible for TRS at a community college that has opted out of the
federal social security program shall have no effect on a person's
ORP eligibility status upon his or her subsequent return to a benefits-eligible
position.
(h) Retirement System Membership after ORP Vesting.
A vested ORP participant shall not be eligible for active membership
in the applicable retirement system unless he or she terminates all
employment with the ORP employer and becomes employed in a position
that is eligible for the applicable retirement system with an employer
that does not offer ORP.
(1) ORP in Lieu of TRS. A vested ORP participant who
elected ORP in lieu of TRS shall not be thereafter eligible for TRS
membership, unless he or she terminates employment with all Texas
public institutions of higher education and becomes employed in a
TRS-eligible position with the Texas public school system (e.g., Independent
School Districts, regional educational service centers) or any other
Texas public educational institution or agency that is covered by
TRS but does not offer ORP in lieu of TRS, which will require the
participant to become a member of TRS. Such an individual (i.e., one
who has had active TRS membership since terminating ORP participation),
upon becoming subsequently reemployed with any Texas public institution
of higher education:
(A) shall not resume participation in ORP; and
(B) shall not thereafter be eligible to participate
in ORP in lieu of TRS ever again, regardless of the individual's previous
ORP vested status, employment in an ORP-eligible position, or if the
individual's TRS membership was canceled by withdrawal of employee
contributions following termination of employment from the TRS-covered
position.
(2) ORP in Lieu of ERS. A vested ORP participant who
elected ORP in lieu of ERS shall not thereafter be eligible for ERS
membership, unless he or she terminates employment with the Board
and becomes employed in an ERS-eligible position with a Texas state
agency that does not offer ORP in lieu of ERS, which will require
the participant to become a member of ERS. Such an individual (i.e.,
one who has had active ERS membership since terminating ORP participation),
upon becoming subsequently reemployed with the Board:
(A) shall not resume participation in ORP; and
(B) shall not be eligible to participate in ORP in
lieu of ERS ever again, regardless of the individual's previous ORP
vested status, employment in an ORP-eligible position, or if the individual's
ERS membership was canceled by withdrawal of employee contributions
following termination of employment from the ERS-covered position.
(i) ORP Retirees Not Eligible to Participate. ORP retirees,
as defined in §25.3 of this title (relating to Definitions),
who later return to employment with the same or another Texas public
institution of higher education or with the Board in what would otherwise
be considered a benefits-eligible position shall not be eligible to
participate in ORP, with the following exceptions:
(1) ORP retirees who enrolled in retiree group insurance
on or before June 1, 1997;
Cont'd... |
