Part 5.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 101.
PRACTICE AND PROCEDURE REGARDING CLAIMS
34 TAC §101.2
The Texas County and District Retirement System adopts amended
rule §101.2, concerning the scope and application of the rules adopted
under Part 5 of Title 34, Texas Administrative Code. This amended rule is
adopted without changes to the proposed text as published in the May 20, 2005,
issue of the
Texas Register
(30 TexReg 3006).
This amendment states the equitable authority granted by the board to the
director to suspend, modify, or grant an exception to the operation of a rule
in an individual case in the interest of fairness and equity, and limits the
application of the director's decision to that case only. The authority may
not be used to enlarge or diminish any substantive rights or powers, and may
not be exercised in a manner that would cause harm or injury to the system
or any other party, or that would be impermissible for a qualified plan under §401(a)
of the Internal Revenue Code. Under the amended rule, it clearly specifies
the director's authority to grant equitable relief from the application of
a rule in appropriate cases to avoid undue hardships, and the limits and effects
of the exercise of that authority.
The rule provides the availability of equitable relief from the harshness
of a rule when appropriate in individual cases.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502747
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
34 TAC §103.2
The Texas County and District Retirement System adopts amended
rule §103.2, concerning the optional benefit forms that may be selected
by the retiree. This amended rule is adopted without changes to the proposed
text as published in the May 20, 2005, issue of the
Texas Register
(30 TexReg 3007). Under the amended rule, the statutory
changes made to the available optional benefit forms and the order of distribution
of unrecovered contributions are appropriately reflected. As reflected in
the amendment, retirees may select the optional 100% joint and survivor annuity
with a 'pop-up' feature that increases the monthly annuity amount to the standard
benefit if the designated beneficiary predeceases the retiree. The 25% joint
and survivor annuity option has been replaced by the new option. This rule
also references the statutory section which sets forth the order of distribution
of unrecovered contributions in the event the retirement annuity terminates
before the balance of the member's account has been totally recovered.
The rule appropriately reflects the statutory changes made to the available
optional benefit forms and the order of distribution of unrecovered contributions.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502748
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
34 TAC §103.6
The Texas County and District Retirement System adopts amended
rule §103.6, concerning the inclusion in the retirement benefit calculation
of those deposits received after the effective retirement date. This amended
rule is adopted without changes to the proposed text as published in the May
20, 2005, issue of the
Texas Register
(30
TexReg 3007). Under the amended rule, it establishes a 60-day period in which
post-retirement deposits must be received by the system so that they may be
included in the calculation of benefit. A 60-day window is reasonable period
for an employer to determine and submit employee contributions attributable
to the retiree's final regular pay period and payments for unused vacation
and sick leave. Recalculations of annuities resulting from deposits received
later than 60 days after the effective retirement date are disruptive to the
efficient administrative operation of the system. Recalculations may still
be made for additional deposits received after the 60-day window as a result
of the correction of a reporting error.
The rule supports the efficient administration of the system by encouraging
employers to be diligent in timely delivering to the system all required contributions
and information.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502749
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
34 TAC §103.7
The Texas County and District Retirement System adopts amended
rule §103.7, concerning the restoration of service credits pursuant to
a subdivision's order under Government Code §843.003. This amended rule
is adopted without changes to the proposed text as published in the May 20,
2005, issue of the
Texas Register
(30 TexReg
3008). Under the amended rule, a member is required to make the payment on
or before December 15, for crediting to the member's account on the following
January 1. A member has sufficient time (eleven and one-half months) during
the year to submit the payment so that it will be included in the following
January 1 opening account balance for the crediting of interest. If the payment
is received by the system after December 15, the deposit will not be treated
as accumulated contributions for the crediting of interest at year's end until
the next following January 1. The mid-December cutoff for crediting the payment
is necessary because of the heavy volume of end-of-year processing for refunds,
retirements and subdivision change orders.
The rule supports the efficient administration of the system by encouraging
eligible members to deposit payments for restoring forfeited service credits
well before the last day of the year in order that the payment may receive
an allocation of interest as soon as possible.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502750
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
34 TAC §107.2
The Texas County and District Retirement System adopts new
rule §107.2, concerning the payment by members to purchase forfeited
service credits in accordance with Government Code §843.0031. This new
rule is adopted without changes to the proposed text as published in the May
20, 2005, issue of the
Texas Register
(30
TexReg 3009).
This section of the code authorizes a current member who has forfeited
benefits by previously withdrawing the member's individual account to pay
to the system for deposit to the member's account, a lump sum in any amount
that does not exceed the actuarial present value of the benefits that would
be attributable to the withdrawn amount. The payment, which can be made at
any time during employment, will be deposited to the member's individual account
as accumulated contributions for crediting with interest in accordance with
the TCDRS Act. However, the payment and all accumulated interest relative
to the payment are excluded from the determination of the member's current
service credit and multiple matching credits. To be credited with interest
under the TCDRS Act for a specific year, the payment must be included in the
member's opening account balance on January 1 of that year. Under the new
rule, a member is required to make the payment on or before December 15 for
crediting to the member's account on the following January 1. If the payment
is received by the system after December 15, the deposit will not be treated
as accumulated contributions for the crediting of interest until the next
following January 1. The mid-December cutoff for crediting the payment is
necessary because of the heavy volume of end-of-year processing for refunds,
retirements and subdivision change orders.
The rule supports the efficient administration of the system by encouraging
eligible members to deposit payments for restoring forfeited service credits
well before the last day of the year in order that the payment may receive
an allocation of interest as soon as possible.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502751
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
34 TAC §107.5
The Texas County and District Retirement System adopts amended
rule §107.5, concerning the termination of membership resulting from
the withdrawal of all accumulated contributions by a member, and the cancellation
of a withdrawal application and reinstatement of accounts. This amended rule
is adopted without changes to the proposed text as published in the May 20,
2005, issue of the
Texas Register
(30 TexReg
3010). Under the amended rule, the date of membership termination and closing
of accounts based upon a withdrawal is the date shown on the first check the
system sends or causes to be sent as payment of any portion of the member's
accumulated contributions.
The rule supports the efficient administration of the system by requiring
a member who timely chooses to cancel the withdrawal to return to the system
the uncashed check or checks rather than merely repaying the withdrawn amount.
The amendment avoids the exceptions and special handling associated with personal
checks, establishes a certain and identifiable date for the termination of
accounts, and stills allows relief to diligent members who timely act to rescind
their previous actions.
No comments were received regarding adoption of this 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 efficient
administration of the 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 July 7, 2005.
TRD-200502752
Tom Harrison
Deputy Director and General Counsel
Texas County and District Retirement System
Effective date: July 27, 2005
Proposal publication date: May 20, 2005
For further information, please call: (512) 637-3230
Chapter 103.
CALCULATIONS OR TYPES OF BENEFITS
Chapter 107.
MISCELLANEOUS RULES
Chapter 109.
DOMESTIC RELATIONS ORDERS