TITLE public-finance

Part III. Teacher Retirement System of Texas

Chapter 25. Membership Credit

Subchapter A. Service Eligible for Membership

34 TAC §§25.1, 25.2, 25.10

The Teacher Retirement System of Texas (TRS) adopts amendments to §§25.1 concerning full-time service, §25.2 bus drivers service eligible for membership and §25.10 concerning student employment, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1955).

These amendments are a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continues to exist. These sections have been previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reasons for adopting the rules continued to exist.

The adopted amendment to §25.1 clarifies that full-time service is 20 or more hours per week and 4 and 1/2 months of service per school year. The adopted amendment to §25.2 clarifies credit for driving a school bus and amendments to §25.10 clarify the language concerning student employment and membership in the system.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 822, Subchapter A is affected by these proposed amendments.

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 May 26, 1999.

TRD-9903135

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §25.7, §25.8

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.7 concerning employees of eleemosynary institutions and §25.8 concerning the scope of membership, without changes to the proposal published in the March 19, 1999, issue of the Texas Register (24TexReg1955).

The repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The repeal of §25. 7 and §25.8 is necessary as the rules have become obsolete as the law allowing TRS to cover such employees was repealed.

No comments were received regarding the repeal of these rules.

The repeals are adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No other laws are affected by these repeals

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 May 26, 1999.

TRD-9903136

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter C. Unreported Service

34 TAC §25.46

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.46 concerning the determination of compensation subject to deposit and credit, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1956).

These amendments were part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reasons for adopting the rule continued to exist.

The adopted amendment to §25.46 deletes some outdated language concerning maintenance which is no longer considered for creditable service.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 822, Subchapter B is affected by these adopted amendments.

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 May 26, 1999.

TRD-9903137

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter D. Waiver

34 TAC §§25.51-25.55

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.51 concerning revocation of a waiver, §25.52 concerning effect of waiver and revocation, §25.53 concerning absence for five consecutive years, §25.54 concerning years of service required and §25.55 concerning deposit after revocation, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1956).

This repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted repeals of §§25.51-25.55 are necessary because the rules are not needed as the topics concerning waivers are covered in the law at Government Code, Chapter 823, Subchapter C.

No comments were received regarding the adoption of this repeal.

The repeals were adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, Subchapter C is affected by this proposal.

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 May 26, 1999.

TRD-9903138

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter E. Military Service

34 TAC §§25.61, 25.64, 25.66

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.61 concerning service credit for eligible military duty, §25.64 concerning crediting fees, and §25.66 concerning application for military credit, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1957). Therefore, the text will not be republished.

These amendments were a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections and others were previously reviewed in an open meeting by the TRS Policy Committee. These sections and others were posted for comments regarding whether the reasons for adopting the rules continued to exist.

The adopted amendment to §25.61 deletes some time periods which no longer have meaning for military duty eligible for service credit. The adopted amendment to §25.64 recognizes the change in law from ten to five years of TRS credit in order to purchase military service. The adopted amendments to §25.66 clarify the procedures in the application and payment for military credit.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, Subchapter D is affected by these proposed amendments.

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 May 26, 1999.

TRD-9903139

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §§25.62, 25.63, 25,65

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.62 concerning service during World War I, §25.63 concerning required service in public schools, and §25.65. concerning effective dates of laws extending military duty credit, without changes as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1958).

The repeals are part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adoption of the repeal of §25.62 and §25.65 is necessary as the rules are obsolete because the law now allows all active duty military service without regard to specific dates. The repeal of §25.63 is adopted as the rule is not needed as the required service in public schools is covered in the law at Chapter 823, Subchapter D of the Government Code.

No comments were received regarding the adoption of the repeals.

The repeals are adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, Subchapter D is affected by this proposal.

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 May 26, 1999.

TRD-9903140

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter F. Veterans' Service Credit

34 TAC §25.75

The Teacher Retirement System of Texas (TRS) adopts an amendment to §25.75 concerning the application of eligible active military duty under the Veteran's Reemployment Rights Act, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1958). Therefore, the text will not be republished.

This amendment was a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reasons for adopting the rule continued to exist.

The adopted amendment to §25.75 clarifies the procedure for payment for eligible military service under the Veteran's Reemployment Rights Act and eliminates some unnecessary language from the rule.

No comments were received regarding the adoption of this amendment.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, Subchapter D, §823.304 is affected by the proposed amendment.

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 May 26, 1999.

TRD-9903141

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter G. Purchase of Credit for Out-of-State Services

34 TAC §§25.82, 25.84, 25.85, 25.87

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.82 concerning the cost to purchase credit for out of state service, §25.84 concerning reinstatement fees, §25.85 concerning the amount of out of state service which can be purchased and §25.87 concerning the effective date of credit and time for payment, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1959). Therefore the text will not be republished.

These amendments were a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, an assessment by TRS as to whether the reason for adopting or readopting the rules continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reasons for adopting the rules continued to exist.

The adopted amendment to §25.82 makes it clear that substitute service may not be used as a basis for out-of-state costs and amends the numbers of years of service credit required to be eligible to purchase out-of-state credit. The adopted amendment to §25.84 corrects a reference to crediting for out-of-state service. The adopted amendment to §25.85 changes the number of years from 10 to 5 of service credit before out of state may be used to compute a benefit and the adopted amendment to §25.87 eliminates some dates that no longer have meaning under current law.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, Subchapter E, §823.401 is affected by the proposed amendment.

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 May 26, 1999.

TRD-9903142

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §25.83

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.83 concerning important dates relative to out of state service eligible for credit, without changes as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1960).

The repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reason for adopting the rules continued to exist.

The repeal of §25.83 is adopted as the rule is no longer needed since the underlying laws have been repealed.

No comments were received regarding the repeal of this rule.

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No laws are affected by the adoption of this repeal.

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 May 26, 1999.

TRD-9903143

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter H. Joint Service with Employees Retirement System

34 TAC §§25.103-25.105, 25.109-25.112

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.103 concerning state employee service, §25.104 concerning teacher and/or auxiliary Employee service, §25.105 concerning reinstatements or waivers, §25.109 concerning auxiliary employees, §25.110 concerning required members, §25.111 concerning salaries, and §25.112 concerning Texas Research Institute of Mental Sciences employees, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1960).

The repeal is a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

Sections 25.103, 25.104, 25.105, 25.109, 25.110, and 25.111, are no longer needed as the joint service law with the Employees Retirement System was repealed and later replaced by a transfer law found in Government Code, Chapter 805. Section 25.112 is obsolete as the law regarding the transfer of service for the Texas Research Institute of Mental Sciences Employees was repealed.

No comments were received regarding the adoption of these repeals.

The repeals are adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System 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 May 26, 1999.

TRD-9903144

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter H. Transfer of Credit Between TRS and ERS

34 TAC §25.113

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.113 and to the title of Subchapter H concerning the transfer of credit between TRS and the Employees Retirement System (ERS) , without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1961).

The adopted amendments are a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reasons for adopting the rule continued to exist.

The adopted amendment to §25.113 adds some additional agencies to the transfer of certain state employees to ERS membership as a result of legislation and adds language to more accurately reflect current law. The proposed amendment to the title of the subchapter also more accurately reflects current law.

No comments were received regarding the adoption of these amendments.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System 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 May 26, 1999.

TRD-9903145

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter I. Verification of Service

34 TAC §§25.121-25.123

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.121 concerning responsibility in the verification of service, §25.122 concerning the affidavit related to the verification of service and §25.123 concerning certification of the affidavit related to the verification of service, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1962).

These amendments are a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rules continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee and were posted for comments regarding whether the reasons for adopting the rules continue to exist.

The adopted amendment to §25.131 clarifies that verification of service must be done on TRS forms and the adopted amendment to § 25.122 requires that an affidavit for unreported service must be signed by an employer. The adopted amendment to § 25.123 adds the certified reporting official to the list of people who may certify service.

No comments were received regarding the adoption of these amendments

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System 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 May 26, 1999.

TRD-9903146

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


34 TAC §25.125

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.125 concerning corroborating evidence in the verification of service, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24 TexReg 1962).

The repeal is a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee and was posted for comments regarding whether the reason for adopting the rule continued to exist.

Section 25.125 is no longer needed as the rule is now in the law at §825.403(j) of the Government Code.

No comments were received regarding the adoption of this repeal.

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System 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 May 26, 1999.

TRD-9903147

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter J. Creditable Time and School Year

34 TAC §§25.131-25.133

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.131 concerning required service, §25.132 concerning vacation time, and §25.133 concerning the school year, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1963).

These amendments are a result of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rules continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee and were posted for comments regarding whether the reasons for adopting the rules continued to exist.

The adopted amendment to §25.131 adds language to allow oral or written contracts per current law and clarifies that credit for substitute service must be rendered and paid before credit is obtained. The adopted amendment to §25.132 corrects the title of the section to more accurately reflect that paid leave, not just vacation time is creditable and additional language explains what kind of paid leave is allowed. The adopted amendment to §25.133 allows oral or written contracts and clarifies the reference to the years that the use of such oral or written agreements is optional and the years it is mandatory.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. In addition, Government Code, Chapter 823, §823.002 authorizes the Board of Trustees of the Teacher Retirement System to determine by rule how much service in any year is equivalent to one year of service credit.

The Government Code, Chapter 823 is affected by these proposed amendments

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 May 26, 1999.

TRD-9903148

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter K. Development Leave

34 TAC §25.151

The Teacher Retirement System of Texas (TRS) adopts an amendment to §25.151 concerning developmental leave, eligibility, and cost, without changes to the proposed text as published in the March 19, 1999 issue (24TexReg1963)..

The adopted amendment is a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee. This section was posted for comments regarding whether the reasons for adopting the rule continued to exist.

The adopted amendment to §25.151 updates a reference to the law.

No comments were received regarding the adoption of this amendment.

The amendment is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

Government Code, Chapter 823, §823.402 is affected by the proposed amendment.

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 May 26, 1999.

TRD-9903149

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter L. Other Special Service Credit

34 TAC §25.161

The Teacher Retirement System of Texas (TRS) adopts the repeal of §25.161 concerning employment for institutions subsequently becoming state educational institutions, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1964).

The repeal was part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. This section was previously reviewed in an open meeting by the TRS Policy Committee and posted for comments regarding whether the reason for adopting the rule continued to exist.

Section 25.161 is no longer needed as the law underlying this rule was repealed.

No comments were received regarding the adoption of this repeal.

The repeal is adopted under §825.102 of the Government Code, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No statutes are affected by this adopted repeal.

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 May 26, 1999.

TRD-9903150

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Subchapter N. Installment Payments

34 TAC §25.183, §25.185

The Teacher Retirement System of Texas (TRS) adopts amendments to §25.183 concerning nonpayment of installment payments and §25.185 concerning amounts not refundable with respect to installment payments, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1965).

This amendment was a part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rules continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reasons for adopting the rule continued to exist.

The adopted amendment to §25.183 adds language to clarify what constitutes nonpayment and the amendment to §25.185 deletes language regarding membership fees as the law was repealed.

No comments were received regarding the adoption of this amendment.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system.

No other laws are affected by these proposed changes.

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 May 26, 1999.

TRD-9903151

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115


Chapter 41. Health Care Benefits

34 TAC §41.1, §41.3

The Teacher Retirement System of Texas (TRS) adopts amendments to §41.1 concerning the enrollment periods for the Texas Public School Retired Employees Group Insurance Program and §41.3 concerning the group insurance advisory committee. In addition, TRS proposes to amend the title of the Chapter from Insurance to Health Care Benefits, without changes to the proposed text as published in the March 19, 1999, issue of the Texas Register (24TexReg1970).

These amendments were part of the review process by TRS of all the Rules in compliance with the Appropriations Act of 1997, House Bill 1, Article IX, §167. The review process included, as a minimum, an assessment by TRS as to whether the reason for adopting or readopting the rule continued to exist. These sections were previously reviewed in an open meeting by the TRS Policy Committee. These sections were posted for comments regarding whether the reason for adopting the rules continued to exist.

The adopted amendment to the title of Chapter 41 changes the title of the section to be more inclusive as the current law indicates. The adopted amendment to §41.1 amends the title of the section to reflect changes in the name of the insurance program to conform with the title in the law. In addition, adopted amendments change the deadline for the initial enrollment period for eligible Teacher Retirement System retirees and adds an enrollment period deadline for eligible disability retirees. The adopted amendment to the title of §41.3 changes the name of the committee reference to conform with the advisory committee included in the law. In addition, new language outlines the duties and reporting mechanism of the retirees advisory committee. Finally, the title of the executive director is changed from the former reference of executive secretary.

No comments were received regarding the adoption of these amendments.

The amendments are adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. In addition, Insurance Code, Article 3.50-4, §5 authorizes the Board of Trustees of the Teacher Retirement System to pass rules relating to the insurance program considered necessary by the trustees.

Insurance Code, Article 3.50-4 is affected these adopted amendments.

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 May 26, 1999.

TRD-9903152

Charles Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: June 15, 1999

Proposal publication date: March 19, 1999

For further information, please call: (512) 391-2115