Part 1.
COMPTROLLER OF PUBLIC ACCOUNTS
Chapter 1.
CENTRAL ADMINISTRATION
Subchapter C. ADVISORY COMMITTEES
34 TAC §1.301
The Comptroller of Public Accounts adopts new §1.301,
concerning the duties and responsibilities of the "
e-
Texas" Citizens' Commission, without changes to the proposed text
as published in the December 31, 1999, issue of the
Texas Register
(24 TexReg 12013).
The new section is in Subchapter C which has been renamed Advisory Committees,
under Title 34, Part 1.
The new section is proposed pursuant to Government Code, §403.011(a)(18),
which allows the comptroller to suggest plans for the improvement and management
of the general revenue, and §403.022, which allows the comptroller to
review and analyze the effectiveness and efficiency of the policies, management,
fiscal affairs, and operations of state agencies.
Section 1.301 states that the purpose of
e-
Texas
is to compile information and recommend improvements to enhance the efficiency
and effectiveness of state government. The section establishes a date on which
the citizens' commission will automatically be abolished. The section outlines
the membership and supervision and control of the citizens' commission. The
section also outlines the procedures for handling any donations to the state
for the operation of
e-
Texas.
No comments were received regarding adoption of the new section.
This new section is adopted under the Government Code, §2110.005
and §2110.008 which requires a state agency to adopt rules regarding
the purposes, duties, and duration of advisory committees.
The new section implements the Government Code, §403.022 and §403.011.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 22, 2000.
TRD-200002093
Martin Cherry
Special Counsel
Comptroller of Public Accounts
Effective date: April 11, 2000
Proposal publication date: December 31, 1999
For further information, please call: (512) 463-4062
Chapter 105.
CREDITABLE SERVICE
34 TAC §105.3
The Texas County and District Retirement System adopts new §105.3,
concerning the crediting of service in the retirement system for qualifying
service performed in the military. The rule is adopted with changes to the
proposed text as published in the February 18, 2000, issue of the
Texas Register
(25 TexReg 1255).
The rule is necessary to implement and administer the statutory changes
made by Sections 19 and 64, Senate Bill 1129, 76th Legislature (1999) to the
provisions of the Texas County and District Retirement System Act relating
to the optional authorization allowing credited service in the retirement
system for qualified military service.
The rule describes the eligibility requirements for establishing credited
service for qualified military service, and the manner of calculating the
amount of service that is to be credited to an eligible member based on the
type of military duty. An eligible member may receive up to 60 months of credited
service at the rate of 1 month of credited service for each month of qualified
military service performed on active duty, and 1 month of credited service
for each 12 months of qualified military service performed on inactive duty,
but dual credit may not be received for any month. In addition, the rule describes
the eligibility requirements of an authorization reducing the eligibility
period from 10 years to 8 years, and provides that the effective date of the
authorization will be January 1 of the year following the year in which the
reduction is authorized.
No comments were received regarding the adoption of the rule.
The rule is adopted under the Government Code, §845.102
which provides the board of trustees of the Texas County and District Retirement
System with the authority to adopt rules necessary or desirable for the efficient
administration of the system.
§105.3.Credited Service for Qualified Military Service.
(a)
In this section:
(1)
The term "Act" means the Texas Government Code, Title 8,
Subtitle F as amended. Unless otherwise indicated, all section numbers refer
to sections of the Act.
(2)
The term "credited service" means membership service
for determining retirement eligibility only. Member contributions and monetary
credits are not required or permitted with respect to credited service for
qualified military service established after December 31, 1999.
(3)
The term "eligible member" means a member of an eligible
subdivision who has performed, as an employee, at least 10 years of service
credited in the retirement system; who does not receive and is not eligible
to receive federal retirement payments based on 20 years or more of active
federal military duty or its equivalent; who has performed qualified military
service; and who has been released from military duty under honorable conditions.
(4)
The term "eligible subdivision" means a subdivision
whose governing board has adopted the optional authorization for the establishment
of credited service in the retirement system for qualified military service
under Section 843.601(c).
(5)
The term "qualified military service" means service
in the uniformed services as defined in 38 U.S.C. Section 4303(13). It excludes
that service which was performed in a month for which the member has received
credited service in this retirement system under any other provision of the
Act, and that service which is credited by another retirement system or program
established or governed by state law. A member may not receive more than one
month of credited service for any month.
(b)
An eligible member may receive one month of credited service
in the retirement system for each month of qualified military service performed
while on active duty. A member may receive one month of credited service in
the retirement system for each 12 months or fraction of months of qualified
military service performed while on inactive duty. An eligible member may
not accumulate more than a combined total of 60 months of credited service
in the retirement system for qualified military service under Section 843.601
and for membership credited service under Section 842.109(b).
(c)
The governing body of an eligible subdivision that has
adopted the Optional Benefit Eligibility Plan Two described by Section 844.210
may authorize a reduction in the minimum credited service requirement for
eligibility to establish credit under Section 843.601(c) from 10 to 8 years.
The reduction may not take effect until January 1 of the year following the
year in which the authorization was adopted except that a reduction authorized
by an eligible subdivision that begins participation after December 31, 1999
may take effect on the date the subdivision begins participation.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on March 20, 2000.
TRD-200002041
Terry Horton
Director
Texas County and District Retirement System
Effective date: April 9, 2000
Proposal publication date: February 18, 2000
For further information, please call: (512) 328-8889
Part 5.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 107.
MISCELLANEOUS RULES