| (a) Retired status. A licensee who is at least 60 years
old and has affirmed that the licensee has no association with accounting
may be granted retired status at the time of license renewal. A licensee
in retired status is exempt from the fingerprinting required in §515.1(d)
of this chapter (relating to License). A licensee who has been granted
retired status and who reenters the workforce in a position that has
an association with accounting automatically loses the retired status
except as provided for in subsection (a)(1) of this section, and must
provide the fingerprinting required in §515.1(d) of this chapter
unless previously submitted to the board.
(1) A licensee who serves without compensation on a
Board of Directors, or Board of Trustees, or provides volunteer tax
preparation services, participates in a government sponsored business
mentoring program such as the Internal Revenue Service's Volunteer
Income Tax Assistance (VITA) program or the Small Business Administration's
SCORE program or participates in an advisory role for a similar charitable,
civic or other non-profit organization continues to be eligible for
retired status.
(2) Licensees providing such uncompensated volunteer
services have the responsibility to maintain professional competence
relative to the volunteer services they provide even though exempted
from CPE requirements.
(3) The board shall require licensees to affirm in
writing their understanding of the limited types of activities in
which they may engage while in retired status and their understanding
that they have a professional duty to ensure that they hold the professional
competencies necessary to offer these limited volunteer services.
(4) Licensees may only convert to retired status if
they hold a license in good standing and not be subject to any sanction
or disciplinary action.
(5) Compensated services do not include routine reimbursement
for travel costs and meals associated with the volunteer services
or de minimis per diem amounts paid to cover such expenses.
(6) A retired licensee shall place the word "retired"
adjacent to the retired licensee's CPA or Public Accountant title
on any business card, letterhead or any other document. A licensee
may be held responsible for a third party incorrectly repeating the
CPA's title and shall make reasonable efforts to assure that the word "retired"
is used in conjunction with CPA. Any of these terms must not be applied
in such a manner that could likely confuse the public as to the current
status of the licensee. The licensee will not be required to have
a certificate issued with the word "retired" on the certificate.
(7) A licensee in "retired" status is not
required:
(A) to maintain CPE; and
(B) provide fingerprinting in accordance with §515.1(d)
of this chapter unless the retired status is removed.
(8) A retired licensee shall not offer or render professional
services that require the retired licensee's signature and use of
the CPA title either with or without "retired" attached,
except a retired licensee providing supervision of an applicant to
take the UCPAE may sign the work experience form.
(9) Upon reentry into the workforce, the licensee must
notify the board and request a new license renewal notice and:
(A) pay the license fee established by the board for
the period since the licensee became employed;
(B) complete a new license renewal notice; and
(C) meet the CPE requirements for the period since
the licensee was granted the retired status as required by §523.113(3)
of this title (relating to Exemptions from CPE).
(b) Disability status. Disability status may be granted
to an individual who submits to the board a statement and an affidavit
from the licensee's physician which identifies the disability and
states that the individual is unable to work because of a severe ongoing
physical or mental impairment or medical condition that is not likely
to improve within the next 12 consecutive months. This status may
be granted only at the time of license renewal.
(1) Disability status is immediately revoked upon:
(A) the CPA reentering the workforce in a position
that has an association with accounting work for which the CPA receives
compensation; or
(B) the CPA serving on a Board of Directors, Board
of Trustees, or in a similar governance position unless the service
is for a charity, civic, or similar non-profit organization.
(2) Upon reentry into the workforce under such conditions,
the individual must notify the board and request a new license renewal
notice and:
(A) pay the license fee established by the board for
the period since the individual became employed;
(B) complete a new license renewal notice;
(C) meet the CPE requirements for the period pursuant
to §523.113(3) of this title; and
(D) provide the fingerprinting required in §515.1(d)
of this chapter unless previously submitted.
(c) For purposes of this section the term "association
with accounting" shall include the following:
(1) working or providing oversight of accounting or
supervising work performed in the areas of financial accounting and
reporting; tax compliance, planning or advice; management advisory
services; accounting information systems; treasury, finance, or audit;
or
(2) representing to the public, including an employer,
that the individual is a CPA or public accountant in connection with
the sale of any services or products involving accounting services
or work, as provided for in §501.52(22) of this title (relating
to Definitions) including such designation on a business card, letterhead,
proxy statement, promotional brochure, advertisement, or office; or
(3) offering testimony in a court of law purporting
to have expertise in accounting and reporting, auditing, tax, or management
services; or
(4) providing instruction in accounting courses; or
(5) for purposes of making a determination as to whether
the individual fits one of the categories listed in this section the
questions shall be resolved in favor of including the work as an "association
with accounting."
(d) Nothing herein shall be construed to limit the
board's disciplinary authority with regard to a license in retired
or disabled status. All board rules and all provisions of the Act
apply to an individual in retired or disability status.
|
| Source Note: The provisions of this §515.8 adopted to be effective November 1, 1989, 14 TexReg 5557; amended to be effective October 30, 1991, 16 TexReg 5830; amended to be effective June 9, 1994, 19 TexReg 4199; amended to be effective February 27, 2000, 25 TexReg 1391; amended to be effective October 13, 2005, 30 TexReg 6433; amended to be effective August 17, 2008, 33 TexReg 6379; amended to be effective August 8, 2012, 37 TexReg 5781; amended to be effective October 9, 2013, 38 TexReg 6920; amended to be effective December 6, 2017, 42 TexReg 6797; amended to be effective October 10, 2019, 44 TexReg 5784; amended to be effective February 5, 2020, 45 TexReg 761; amended to be effectiveJune 2, 2021, 46 TexReg 3411 |
