| (C) 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 of national professional associations
or at meetings of such associations.
(D) 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.
(8) Board Administrative Staff--A member of the executive
or professional staff of the Board, as determined by the Commissioner
of Higher Education, who fills a position with the following requirements:
(A) college graduation and prior experience in higher
education or experience of such kind and amounts to provide a comparable
background; and
(B) national mobility requirements similar to those
of faculty.
(l) Position-Required Qualifications. An employee who
meets the qualifications of a "professional" or a "librarian" as defined
in subsection (k) of this section shall not be considered eligible
to elect ORP as a professional or librarian unless the position requires
the professional or librarian qualifications, respectively, as a principal
activity. For example, an attorney who fills a position that does
not require that the position be filled by an attorney shall not be
considered ORP-eligible based solely on the fact that the person is
an attorney.
(m) Counselors. The eligibility of counselors shall
be determined as follows.
(1) Faculty. If the institution has established policies
that consider and treat counselors in the same manner as faculty in
such areas as, for example, employment contracts, oversight, and work
schedules, then ORP eligibility for a counselor position shall be
determined under the same requirements as a faculty position, except
that the principal activity shall be counseling rather than teaching
and/or research, and the title shall be counselor rather than the
faculty titles listed in that category.
(2) Staff. If the institution has established policies
that consider and treat counselors in the same manner as staff rather
than faculty, in such areas as, for example, employment contracts,
oversight, and work schedules, then ORP eligibility for a counselor
position shall not be determined under the faculty category. Depending
on the duties and required qualifications, a counselor who is considered
staff rather than faculty may meet the criteria for one of the non-faculty
ORP-eligible positions.
(n) Review of Positions for ORP Eligibility.
(1) Comprehensive Review. ORP employers shall periodically
conduct a comprehensive review of all non-classified positions to
ensure that ORP eligibility requirements are being applied fairly
and consistently across all departments and divisions.
(2) New Position. ORP employers shall analyze newly
created non-classified positions for ORP eligibility determination
and shall maintain proper documentation of the analysis and determination
for future reference.
(3) Re-classified Position. ORP employers shall re-classify
a position as ORP-eligible if changes in the position's responsibilities
or the employer's organizational structure result in a position that
meets the ORP-eligibility requirements.
(A) Option to Elect ORP. ORP employers shall provide
the incumbent in a position that is re-classified as ORP-eligible
an opportunity to elect ORP as if newly hired into the position.
(B) Initial ORP Eligibility Date. The incumbent's initial
ORP eligibility date, as defined by §25.3 of this title (relating
to Definitions), shall be the date that the re-classification is effective,
unless the re-classification is retro-active to a prior month, in
which case, the initial ORP eligibility date shall be the date that
the employee is notified of the re-classification.
(o) Administrative Errors.
(1) Orientation Procedures. Each ORP employer shall
develop and implement effective orientation and enrollment procedures
to ensure appropriate and timely processing of newly eligible employees'
retirement plan choices, including procedures for both new employees
and current employees who transfer to an ORP-eligible position.
(2) Rectification. In the event an administrative error
occurs which prevents the normal processing of an ORP-eligible employee's
election, the ORP employer shall rectify the error as soon as practicable
and in a manner that results in a situation that is as close to the
originally expected outcome as possible, within applicable federal
statutes, laws, and regulations, including IRS correction procedures,
and state statutes, laws, and rules.
(3) Documentation and Prevention. When an administrative
error occurs, the ORP employer shall:
(A) maintain documentation of the error and the actions
taken by the ORP employer to address the problem, with a copy placed
in the employee's file; and
(B) immediately develop and implement appropriate administrative
procedures to avoid such errors in the future.
(4) Failure to Notify Error. If an ORP employer fails
to notify an ORP-eligible employee of his or her eligible status on
or before the employee's initial ORP eligibility date, the ORP employer
shall notify the eligible employee as soon as the oversight is discovered.
(A) An employee who becomes eligible to participate
in ORP and is notified by the ORP employer of the opportunity to participate
in the program after the first day and before the 91st day after the
date the employee becomes eligible must elect to participate in the
program before the later of:
(i) the 91st day after the date the employee becomes
eligible; or
(ii) the 31st day after the date the employee receives
notice of the opportunity to participate in the program.
(B) An employee who becomes eligible to participate
in ORP and is notified by the ORP employer of the opportunity to participate
in the program on or after the 91st day after the date the employee
becomes eligible must be notified by the employer before the 151st
day after the date the employee becomes eligible. The employee must
elect to participate in the program before the later of:
(i) the 151st day after the date the employee becomes
eligible; or
(ii) the 31st day after the date the employee receives
notice of the opportunity to participate in the program.
(C) The participation start date shall be determined
in accordance with subsection (g) of this section.
(p) Texas Commissioner of Education.
(1) ORP Eligibility. Notwithstanding other provisions
in this chapter, the Texas Commissioner of Education shall be eligible
to elect ORP in lieu of ERS.
(2) Employment in Higher Education. Notwithstanding
other provisions in this chapter, a Texas public institution of higher
education shall, for the purpose of determining ORP eligibility for
a former Texas Commissioner of Education who is subsequently employed
by the institution, treat an election of ORP in lieu of ERS made by
the Texas Commissioner of Education at the Texas Education Agency
in the same manner as if the election of ORP had been made in lieu
of TRS at another Texas public institution of higher education.
|
| Source Note: The provisions of this §25.4 adopted to be effective May 23, 2004, 29 TexReg 5079; amended to be effective November 28, 2005, 30 TexReg 7873; amended to be effective August 30, 2016, 41 TexReg 6484; amended to be effective November 29, 2017, 42 TexReg 6627 |
