| participants shall be based on salary earned during the entire month
in which the form is signed.
(C) Retirement System Membership Before Election. As
provided in subsection (i) of this section, ORP-eligible employees
who elect ORP after their initial ORP eligibility date, except as
provided in subparagraph (A) of this paragraph, shall be reported
as members of the applicable retirement system for any months prior
to their election of ORP.
(h) Active Membership in Retirement System Requirement.
Participation in ORP shall be an alternative to active membership
in the applicable retirement system.
(1) A TRS retiree shall not be eligible to elect ORP
in lieu of TRS at a Texas public institution of higher education.
(2) An ERS retiree shall not be eligible to elect ORP
in lieu of ERS at the Board.
(i) Automatic Retirement System Enrollment. A new employee
at a Texas public institution of higher education who is eligible
to elect ORP in lieu of TRS shall be automatically enrolled in TRS
until an election to participate in ORP is made by signing the TRS
28 ORP election form (or its successor) and submitting the TRS 28
to the institution for certification as provided in subsection (g)
of this section. A new Board employee who is eligible to elect ORP
in lieu of ERS shall be automatically enrolled in ERS until an election
to participate in ORP is made by signing the ORP election form provided
by the Board and submitting the ORP election form to the Board as
provided in subsection (g) of this section.
(j) Dual Employment in TRS/ORP Positions at Different
Employers.
(1) Simultaneous Retirement Plan Membership Not Permitted.
(A) Dual Employment with Institution and Non-Higher
Education TRS-Covered Employer.
(i) Active TRS Membership not Permitted. A member of
TRS who is employed in the Texas public school system (including all
Texas Independent School Districts and regional educational service
centers) or with any other Texas public educational institution or
state agency that is covered by TRS but does not offer ORP in lieu
of TRS, and who concurrently becomes employed in an ORP-eligible position
with a Texas public institution of higher education and elects to
participate in ORP, may not remain an active member of TRS as an employee
of the non-higher education TRS-covered employer once ORP participation
has started at the institution.
(ii) No TRS Contributions. Notwithstanding the participant's
employment in what would otherwise be considered a TRS-eligible position
at a non-higher education TRS-covered employer, TRS contributions
may not be made for the participant by that employer while he or she
is actively participating in ORP, but shall resume if the employee
is required to return to active TRS membership as provided in paragraph
(2) of this subsection.
(B) Dual Employment with Different Institutions.
(i) Active TRS Membership not Permitted. A member of
TRS who is employed with a Texas public institution of higher education
in a position that is eligible for TRS but is not ORP-eligible and
who becomes concurrently employed with another Texas public institution
of higher education in a position that is ORP-eligible and who elects
to participate in ORP, may not remain an active member of TRS once
ORP participation has started.
(ii) Retirement Contributions.
(I) No TRS Contributions. Notwithstanding the participant's
employment in what would otherwise be considered a TRS-eligible position
at an institution, TRS contributions may not be made for the participant
by that institution while he or she is actively participating in ORP
at another institution, but shall resume if the employee is required
to return to active TRS membership as provided in paragraph (2) of
this subsection.
(II) Before Vesting in ORP. An employee who elects
ORP at one institution while concurrently employed in what would otherwise
be a TRS-eligible position at another institution is not eligible
for ORP contributions based on the participant's TRS-only employment
prior to the participant vesting in ORP.
(III) After Vesting in ORP. Once the participant vests
in ORP, the institution employing the participant in a position that
would otherwise be eligible for TRS shall enroll him or her in ORP.
(2) Returning to TRS.
(A) Dual Employment with Institution and Non-Higher
Education TRS-Covered Employer.
(i) Termination of Employment with Institution. If
the individual described in paragraph (1)(A) of this subsection terminates
all employment with the institution while concurrently employed in
a TRS-eligible position with a non-higher education TRS-covered employer,
then, regardless of ORP vesting status, he or she shall return to
active TRS membership with the non-higher education TRS-covered employer
and shall be ineligible for any future ORP participation in lieu of
TRS, even if subsequently employed in an ORP-eligible position with
the same or another institution.
(ii) Transfer to Non-ORP Eligible Position at Institution.
If, prior to meeting the ORP vesting requirement, the individual described
in paragraph (1)(A) of this subsection transfers to a position at
the institution that is not ORP-eligible but is eligible for TRS,
then he or she shall return to active TRS membership with both the
institution and the non-higher education TRS-covered employer and
shall be ineligible for any future ORP participation in lieu of TRS,
even if subsequently employed in an ORP-eligible position with the
same or another institution.
(iii) Transfer to Non-Benefits-Eligible Position at
Institution. In accordance with §25.5(g) of this title (relating
to Employment in a Non-Benefits-Eligible Position), an individual
described in paragraph (1)(A) of this subsection who transfers to
a non-benefits-eligible position at the institution shall not be eligible
for ORP contributions and shall not be eligible for active TRS membership.
This individual shall remain ineligible for TRS contributions at the
non-higher education TRS-covered employer while employed in the non-benefits-eligible
position at the institution. If this individual subsequently terminates
all employment with the institution, then the provisions in clause
(i) of this subparagraph will apply.
(B) Dual Employment with Different Institutions.
(i) Termination of Employment in ORP-eligible Position
Before Vesting. If, prior to satisfying the ORP vesting requirement,
the individual described in paragraph (1)(B) of this subsection terminates
ORP participation by terminating employment or transferring to a non-ORP-eligible
position with the same institution while concurrently employed in
a TRS-eligible position with another Texas public institution of higher
education, then he or she shall return to active TRS membership and
shall be ineligible for any future ORP participation in lieu of TRS,
even if subsequently employed in an ORP-eligible position with the
same or another institution.
(ii) Termination of Employment in ORP-eligible Position
After Vesting. If, after satisfying the ORP vesting requirement, the
individual described in paragraph (1)(B) of this subsection terminates
employment in the ORP-eligible position by terminating employment
with the institution or transferring to a non-ORP-eligible position
while concurrently employed in a TRS-eligible position with another
Texas public institution of higher education, then he or she shall
not return to TRS membership and shall continue to make ORP contributions
at the other institution based on the employment in the TRS-eligible
position (i.e., a benefits-eligible position) as provided in paragraph
(1)(B)(ii)(III) of this subsection.
(iii) Transfer to Non-Benefits-Eligible Position. In
accordance with §25.5(g) of this title, an individual described
in paragraph (1)(B) of this subsection who transfers from the ORP-eligible
position to a non-benefits-eligible position at the same institution
shall not be eligible for ORP contributions at that institution and
shall not be eligible for active TRS membership at either institution
while employed in the non-benefits-eligible position.
(I) Termination Before Vesting in ORP. If this individual
terminates employment in the non-benefits-eligible position before
satisfying the ORP vesting requirement, then the provisions in clause
(i) of this subparagraph for an individual who terminates employment
in an ORP-eligible position before vesting in ORP will apply.
(II) Termination After Vesting in ORP. If this individual
terminates employment in the non-benefits-eligible position after
satisfying the ORP vesting requirement, then the provisions in clause
(ii) of this subparagraph for an individual who terminates employment
in an ORP-eligible position after vesting will apply.
(k) Eligible Positions. The following positions shall
be considered ORP-eligible. Only those employees who fill ORP-eligible
positions and who meet the eligibility requirements established in
this chapter shall be eligible to elect ORP or to continue participating
in ORP prior to vesting.
(1) Faculty Member--A member of the faculty whose duties
include teaching and/or research as a principal activity, as defined
in §25.3 of this title (relating to Definitions), and who holds
the title of professor, associate professor, assistant professor,
instructor, lecturer, or equivalent faculty title, including "visiting
professor" if the position is at least one full semester in duration.
(2) Faculty Administrator--An administrator responsible
for teaching and research faculty whose principal activity, as defined
in §25.3 of this title (relating to Definitions), is planning,
organizing, and directing the activities of faculty and who holds
the title of dean, associate dean, assistant dean, director, department
chair, or head of academic department.
(3) Executive Administrator--An administrator who holds
the title of chancellor, deputy chancellor, vice chancellor, associate
vice chancellor, assistant vice chancellor, or the equivalent, and
an administrator who holds the title of president, executive vice
president, provost, vice president, associate vice president, assistant
vice president, or the equivalent.
(4) Other Key Administrator--An administrator other
than a faculty administrator or an executive administrator whose position
is considered a key administrative position within the institution's
organizational structure and that meets the requirements of this paragraph.
The most common position titles in this category are director or associate
director, but included titles may vary by institution based on differences
in organizational structure, size, mission, etc. All positions in
this category, including positions with the title of director or associate
director, shall meet the following criteria:
(A) serves as director or other administrative head
of a major department or budget entity, as defined in §25.3 of
this title (relating to Definitions), excluding the title of assistant
director unless the assistant director position has responsibility
for what is considered a major department or budget entity that is
within a larger department or budget entity, as may be the case at
large institutions;
(B) is responsible for the preparation and administration
of the budget, policies, and programs of the major department or budget
entity;
(C) usually reports to the office of a chancellor,
president, vice chancellor, vice president, dean, or equivalent; and
(D) is generally and customarily recruited from the
same pool of candidates that other colleges and universities across
the nation are recruiting from for this type of position by, for example,
advertising in national publications such as the Chronicle of Higher
Education or in newsletters or websites of national professional associations
or at meetings of such associations.
(E) A position shall not be considered ORP-eligible
under this category unless it can be reasonably demonstrated that
all of the applicable criteria have been met. If there is significant
ambiguity concerning whether a position meets the criteria for this
category, the default finding shall be that the position is not ORP-eligible.
(5) Librarian--A professional librarian who holds,
at a minimum, a master's degree in library science or information
science, and whose principal activity, as defined in §25.3 of
this title (relating to Definitions), is library services.
(6) Athletic Coach--An athletic coach, associate athletic
coach, or assistant athletic coach whose principal activity, as defined
in §25.3 of this title (relating to Definitions), is coaching,
excluding an athletic trainer, and excluding an athletic director
or assistant athletic director unless the principal activity is coaching
rather than administrative.
(A) Athletic trainers may be included in the "professional"
category if the position requires the trainer to be a physician.
(B) Athletic directors whose principal activity is
not coaching normally shall be included in one of the administrator
categories.
(7) Professional--An employee whose principal activity,
as defined in §25.3 of this title (relating to Definitions),
is performing the duties of a professional career position, including,
but not necessarily limited to, physician, attorney, engineer, and
architect, that meets the following criteria:
(A) requires a terminal professional degree in a recognized
professional career field that requires occupation-specific knowledge
and appropriate professional licensure;
(B) is a non-classified position; and
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