| (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 |
