| (ii) the amount of funds in the account is insufficient
for withdrawal of the full amount.
(E) A credit union that receives notification under
subparagraph (A) of this paragraph that an employer has canceled a
payment of salary or wages to a state employee shall promptly notify
the employer in writing about whether the employee's deducted amounts
have been distributed to the employee's account. If the distribution
has occurred, the credit union shall also notify the employer about
whether the amounts have been withdrawn from the employee's account
under subparagraph (D) of this paragraph. The credit union's notification
to the employer must be made in writing.
(2) Authorization of refunds. The payment of a state
employee's deducted amounts to a participating credit union shall
be refunded to the employer only if:
(A) they exceed the amount that should have been paid
to the credit union, and they have not been distributed to the employee's
account at the credit union; or
(B) they have been withdrawn from the employee's account
at the credit union according to paragraph (1)(D) of this subsection.
(3) Method for accomplishing refunds. If a refund from
a participating credit union is required by paragraph (1)(C) or (2)
of this subsection, the refund shall be accomplished by:
(A) the employer of the state employee whose deducted
amounts are being refunded subtracting the amount of the refund from
a subsequent payment of deducted amounts to the credit union; or
(B) the credit union issuing a check to the employer
in the amount of the refund, if authorized by paragraph (4) of this
subsection.
(4) Paying refunds by check. A participating credit
union may issue a check to an employer only if it submits to the credit
union a written request for the refund to be made by check.
(5) Deadline for paying refunds by check. If a participating
credit union is authorized by paragraph (4) of this subsection to
make a refund to an employer by check, the credit union shall ensure
that the employer receives the check not later than the 30th calendar
day after the date on which the credit union receives the employer's
written request for the refund. If the 30th calendar day is not a
workday, the first workday following the 30th calendar day is the
deadline.
(k) Responsibilities of participating credit unions.
(1) Notification to the comptroller. A participating
credit union shall notify the comptroller in writing immediately after
a change occurs to:
(A) the credit union's name;
(B) the street address of the credit union's main branch;
(C) the mailing address of the credit union's main
branch, if different from the street address;
(D) the full name, title, telephone number, email address,
or mailing address of the credit union's primary contact; or
(E) the credit union's routing number or bank account
number.
(2) Primary contact. The individual that a credit union
designates as its primary contact must represent the credit union
for the purposes of:
(A) communicating with the comptroller, including receiving
and responding to correspondence from the comptroller;
(B) disseminating information, including information
about the requirements of this section, to representatives of the
credit union; and
(C) communicating with employers about payment reconciliation
and refunds.
(3) Payment reconciliation and discrepancies.
(A) A participating credit union shall reconcile the
detail report provided by an employer under subsection (l) of this
section with the deducted amounts paid to the credit union by the
employer under subsection (g) of this section.
(B) A participating credit union shall report all discrepancies
between a detail report provided by an employer and the actual amount
of deductions received from the employer. The credit union shall provide
in a secure manner its report to the employer that submitted the detail
report. The credit union must ensure that its report is received not
later than the 60th calendar day after the day on which the detail
report was mailed, hand-delivered, or released, whichever applies.
If the 60th calendar day is not a workday, the first workday following
the 60th calendar day is the deadline.
(4) Submission of detail reports. A participating credit
union that wants a monthly or additional detail report to be submitted
to an entity other than the credit union must notify the comptroller
in writing. An employer is not required to submit the report to the
entity before the employer has received notification from the comptroller
that the report must be submitted to the entity.
(l) Responsibilities of employers.
(1) Authorization forms. An employer:
(A) may accept an authorization form only if it complies
with this section; and
(B) is not required to accept an authorization form
that contains an obvious alteration without the state employee's written
consent to the alteration.
(2) Monthly detail reports to participating credit
unions.
(A) An employer shall submit in a secure manner a monthly
detail report to each participating credit union that received or
should have received a payment of amounts deducted from the salary
or wages of at least one of the employer's state employees. If the
participating credit union has notified the comptroller in writing
that the monthly detail reports should be submitted to an entity other
than the credit union, the reports shall be submitted to that entity.
(B) A monthly detail report may cover only the deductions
from salary or wages that are paid on the first workday of the month.
Deducted amounts that were paid by electronic funds transfer directly
to the credit union accounts of state employees may not be included
in the report.
(C) An employer shall ensure that a monthly detail
report is received by the participating credit union or other entity
under subparagraph (A) of this paragraph not later than the third
workday of the month.
(D) A monthly detail report to a participating credit
union for a particular month must include:
(i) the name and social security number of each state
employee from whose salary or wages deducted amounts were paid to
the credit union for the month; and
(ii) the amount of deductions from each state employee's
salary or wages that were paid to the credit union for the month.
(E) An employer shall submit its monthly detail reports
in the format required by the comptroller.
(3) Additional detail reports to participating credit
unions.
(A) An employer shall submit in a secure manner an
additional detail report to each participating credit union that received
or should have received a payment of amounts deducted from the salary
or wages of at least one of the employer's state employees. If the
participating credit union has notified the comptroller in writing
that the additional detail reports should be submitted to an entity
other than the credit union, the reports shall be submitted to that
entity.
(B) An additional detail report may cover only the
deductions from salary or wages that are paid on a day other than
the first workday of the month. Deducted amounts that were paid by
electronic funds transfer directly to the credit union accounts of
state employees may not be included in the report.
(C) This subparagraph applies only to an additional
detail report that covers deducted amounts which are paid by electronic
funds transfer to a participating credit union. An employer shall
ensure that an additional detail report is received by the participating
credit union or other entity under subparagraph (A) of this paragraph
not later than the third workday of the month after the deducted amounts
are paid to the credit union.
(D) This subparagraph applies only to an additional
detail report that covers deducted amounts which are paid by warrant
or check to a participating credit union. The report shall accompany
the warrant or check when it is mailed or otherwise delivered to the
credit union.
(E) An additional detail report to a participating
credit union for a particular month must include:
(i) the name and social security number of each state
employee from whose salary or wages deducted amounts were paid to
the credit union for the month; and
(ii) the amount of deductions from each state employee's
salary or wages that were paid to the credit union for the month.
(F) An employer shall submit its additional detail
reports in the format required by the comptroller.
(4) Payment discrepancies. An employer that receives
a report of discrepancies from a participating credit union shall
investigate them and notify the credit union in writing of the action
to be taken to eliminate them. The employer shall provide the notification
not later than the 30th calendar day after the employer receives the
report. If the 30th calendar day is not a workday, the first workday
following the 30th calendar day is the deadline.
(m) Responsibilities of the comptroller. The comptroller
shall notify all state agencies in writing whenever the comptroller
receives written notification from a participating credit union that
monthly or additional detail reports should be submitted to an entity
other than the credit union.
|
| Source Note: The provisions of this §5.47 adopted to be effective May 22, 1995, 20 TexReg 3468; amended to be effective November 19, 1996, 21 TexReg 10989; amended to be effective April 21, 2022, 47 TexReg 2031 |
