| (2) Employees whose agencies have been transferred
to ERS coverage, including the Texas Education Agency and the Texas
Rehabilitation Commission, the Texas School for the Deaf, the Texas
School for the Blind, the Higher Education Coordinating Board, and
the Texas Youth Commission, may not retire under TRS after the effective
date of the transfer, unless they again become TRS members based on
other employment and subsequently obtain TRS service credit qualifying
them for TRS retirement, except as provided for in Government Code, §805.002(a).
(3) Employees described in paragraph (1) of this subsection
are not eligible for TRS death benefits other than a return of accumulated
contributions.
(4) Notwithstanding subsection (k) of this section,
the average compensation of employees described in paragraph (1) of
this subsection qualifying for ERS benefits may be determined by combining
monthly rates of pay while a TRS member with ERS credited monthly
salary to obtain the highest 36 months of pay.
(m) Death benefits. Service credit of a person may
not be transferred between systems if:
(1) one of the systems has paid or begun to pay death
benefits based on the person's account; or
(2) the beneficiaries for death benefits in each system
are not identical. However, when only reinstated service is being
transferred and no beneficiary designation was made at or after the
time of reinstatement, a transfer will be allowed.
(n) Service credit.
(1) TRS will make and accept transfers of service credit
in whole plan year increments based upon TRS rules for crediting service.
No partial years will be transferred.
(2) TRS and ERS service in a plan year will not be
combined to obtain a year of TRS service credit.
(3) A person who transfers credit to TRS or ERS may
not receive more than a total of five years of service credit for
military service. The retirement system from which credit is transferred
may refund contributions made for military service, other than any
amount that represents a fee, that exceeds the maximum amount creditable.
A person who retires under Government Code, Chapter 805, who returns
to work under TRS or ERS may not purchase additional military service
credit if the purchase would cause the total of all military service
credit to exceed five years.
(4) A person who purchased out of state service credit
before retirement under Government Code, Chapter 805, may not purchase
additional out of state service credit upon return to work under TRS
if the purchase would cause the total of all out of state service
credit to exceed fifteen years.
(o) ORP participants. A person who has elected to participate
in ORP but who is an ERS member may repurchase TRS service credit
canceled by the election of ORP for purpose of transferring it to
ERS under the Government Code, Chapter 805, provided TRS will not
transfer or pay benefits for such service credit if the member actively
participates in ORP between the date the TRS service credit is purchased
and the date of the member's retirement or death. TRS will refund
without interest any amounts deposited for such credit in the event
the person returns to active ORP participation. The person must agree
to refund the amount of any benefits erroneously paid to the person
as a result of any such return to ORP.
(p) Return to TRS covered employment.
(1) A person who transferred service to ERS and retired
under Government Code, Chapter 805, and who returns to employment
in a position eligible for TRS membership continues to be governed
by the provisions of state law as described under §51.12(a) of
this title (relating to Applicability of Certain Laws in Effect Before
September 1, 2005) upon resumption of TRS membership, if, while a
member of TRS, the person met at least one of the requirements of §51.12(a)
of this title by August 31, 2005.
(2) Regardless of status under paragraph (1) of this
subsection, a person who transferred service to ERS and retired under
Government Code, Chapter 805, and who returns to employment in a position
eligible for TRS membership after August 31, 2007, is subject to the
provisions of Government Code §824.202(a-1) and (d-1) and §29.1(a)
of this title (relating to Eligibility for Service Retirement) for
eligibility for retirement under TRS.
(3) A person who has at least five years of TRS service
credit on August 31, 2014 and transfers that service credit to ERS,
retires from ERS under Government Code, Chapter 805, and returns after
September 1, 2014 to employment in a position eligible for TRS membership
is subject to the provisions of Government Code §824.202(a-2),
(b-2), and (d-2) and §29.1(e) of this title (relating to Eligibility
for Service Retirement).
|
| Source Note: The provisions of this §25.113 adopted to be effective January 12, 1994, 19 TexReg 86; amended to be effective April 22, 1994, 19 TexReg 2549; amended to be effective June 15, 1999, 24 TexReg 4458; amended to be effective February 15, 2000, 25 TexReg 1124; amended to be effective March 12, 2003, 28 TexReg 2097; amended to be effective April 28, 2004, 29 TexReg 3968; amended to be effective March 8, 2007, 32 TexReg 1079; amended to be effective April 1, 2011, 36 TexReg 1834; amended to be effective July 17, 2014, 39 TexReg 5431; amended to be effective June 8, 2023, 48 TexReg 2859 |
