34 TAC §73.43
The Employees Retirement System of Texas ("ERS") adopts new
rule 34 TAC §73.43, concerning the deduction from an ERS annuity for
certain membership fees, without changes to the proposed text as published
in the May 6, 2005, issue of the
Texas Register
(30
TexReg 2652). The text of the rule will not be republished.
New subsection (a) of §73.43 is adopted to authorize, in a manner
specified by the System, a deduction by a person who receives an annuity from
ERS to pay membership fees in a state employee organization. This new subsection
is adopted to further comply with and conform to Texas Government Code §814.009.
New subsection (b) of §73.43 is adopted to require a state employee
organization to certify to ERS, at such times as the System determines, that
the organization meets the required membership level to qualify as a state
employee organization under Texas Government Code §814.009(a)(2). This
new subsection is necessary to ensure that a state employee organization meets
the membership level requirements of §814.009(a)(2).
New subsection (c) of §73.43 is adopted to authorize ERS to provide
to a state employee organization such identifying information as the System
considers necessary to identify a person who elects to participate in the
membership fee deduction program.
New subsection (d) of §73.43 is adopted to provide that the System
is not liable or responsible for any disputes arising out of a person's authorization
or cancellation of a membership fee deduction, and requires that the person
seek a resolution through the applicable state employee organization. This
new subsection is necessary to ensure that disputes are resolved by the appropriate
responsible state employee organization.
ERS received no comments regarding the proposed new rule.
The new rule is adopted under Texas Government Code §814.009(c),
which provides authorization for the board of trustees to adopt rules governing
the deduction from an ERS annuity and Texas Government Code §815.102(a)(2),
which provides authorization for the board of trustees to adopt rules for
the administration of the funds of the retirement system.
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 16, 2005.
TRD-200502507
Paula A. Jones
General Counsel
Employees Retirement System of Texas
Effective date: July 6, 2005
Proposal publication date: May 6, 2005
For further information, please call: (512) 867-7421