Part 5.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 105.
CREDITABLE SERVICE
34 TAC §105.5
The Texas County and District Retirement System adopts new §105.5,
concerning the adjustment of a person's record because of a reporting error
by a sponsoring employer. The new section is adopted without changes to the
proposed text as published in the May 21, 2004, issue of the
Texas Register
(29 TexReg 5031).
Under the new section, if as a result of an act or omission of an employer,
a person contributes more or less than the correct amount, or receives more
or less credited service, service credit or benefits than the person is rightfully
entitled to receive, the employer may file an application with the retirement
system for an adjustment to the person's record.
The new section provides a procedure so that a person seeking an adjustment
to a record because of a reporting error of the employer must apply to the
employer for a correction. The system will accept applications for adjustments
and any related deposits only from an employer. However, under Government
Code, §842.112, a person may pursue a legal remedy against the employer
and submit that final judgment or settlement agreement to the system in lieu
of an application. The system may adjust the person's record in accordance
with the terms set forth in the application provided: The terms of the adjustment
would not grant the person a right, status or benefit not otherwise available
under Government Code, Title 8, Subtitle F; the terms of the adjustment are
reasonable and can be feasibly implemented and administered by the system;
and the terms of the adjustment can be implemented without causing financial
instability with respect to the employer's participation in the system or
causing a reduction in the accrued benefit of any member or annuitant of the
employer. Under the new rule, adjustments to credited service (vesting) may
be made separately from adjustments to service credit (benefits). This allows
for the recognition of all properly creditable service for retirement eligibility
purposes while permitting limited or partial adjustments to benefit credits.
No comments were received regarding adoption of this new section.
The new section 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 efficient
administration of the system.
The Government Code, §842.112 is affected by this new section.
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 June 30, 2004.
TRD-200404328
Tom Harrison
Director, Legal and Governmental Relations
Texas County and District Retirement System
Effective date: July 20, 2004
Proposal publication date: May 21, 2004
For further information, please call: (512) 328-8889
Chapter 107.
MISCELLANEOUS RULES