Part I.
Comptroller of Public Accounts
Chapter 3.
Tax Administration
Subchapter L. Motor Fuel Tax
34 TAC §3.201
The Comptroller of Public Accounts proposes new §3.201,
concerning the motor fuel testing fee. As requested by the Commissioner of
Agriculture and authorized by Texas Civil Statutes, Article 8614, the Comptroller
of Public Accounts proposes a fee to be collected on a periodic basis from
each distributor and supplier who deals in motor fuel. The purpose of the
fee is to provide funds for the Texas Department of Agriculture to administer
and enforce a program to test motor fuel for octane rating and alcohol content.
James LeBas, chief revenue estimator, has determined that for the first
five-year period the rule will be in effect, the fiscal implications will
be as follows:
Figure: 34 TAC §3.201 - Preamble
Mr. LeBas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be in providing funds for operating the motor fuel testing program.
This rule is adopted under the Tax Code, Title 2, and does not require a statement
of fiscal implications for small businesses. There is no significant anticipated
economic cost other than the payment of the required fee for individuals who
are required to comply with the proposed rule.
Comments on the proposal may be submitted to Bryant K. Lomax, Manager,
Tax Policy Division, P.O. Box 13528, Austin, Texas 78711.
This new section is proposed under the Tax Code, §111.002,
which provides the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of the provisions
of the Tax Code, Title 2.
The new section implements Texas Civil Statutes, Article 8614, §9.
§3.201.Motor Fuel Testing Fee.
(a)
Motor fuel testing fee. An annual fee, as determined under
subsection (b) of this section, is imposed on every person holding or required
to hold a motor fuel distributor or supplier permit under the Tax Code, Chapter
153, as of January 1 of each year.
(b)
Annual fee amount. The fee is based on the total amount
of net taxable gallons of gasoline and/or diesel fuel sold and reported to
the comptroller on the permit holder's Texas Fuels Tax Report for the previous
calendar year. The fee amount due is based on the following schedule.
Figure: 34 TAC §3.201(b)
(c)
Due date of the fee. The motor fuel testing fee shall be
due on March 1 of each year, except that the fee for the year 1999 will be
due July 1, 1999.
(d)
Report forms. Each holder of a motor fuels distributor
or supplier permit must remit the fee on a form prescribed by the comptroller.
The fact that a permit holder does not receive the form or does not receive
the correct form from the comptroller does not relieve the permit holder of
the responsibility of paying the required fee.
(e)
Payment of the fee. On or before the due date of each year,
every person who held or was required to hold a motor fuels distributor or
supplier permit on January 1 of that year shall remit to the comptroller the
total fee amount due.
(f)
Penalty. Penalties due on delinquent fees and reports shall
be imposed as provided by the Tax Code, §111.061.
(g)
Interest. Interest due on delinquent fees shall be imposed
as provided by the Tax Code, §111.060.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901431
Martin Cherry
Special Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: April 18, 1999
For further information, please call: (512) 463-4062
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) proposes amendments
to §25.1 concerning Full-Time Service, §25.2 concerning Bus Drivers
Service Eligible for Membership and §25.10 concerning Student Employment.
These proposals 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reasons for adopting the rules continue
to exist.
The proposed 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 proposed amendment to §25.2 clarifies credit for driving a school
bus and amendments to §25.10 clarifies the language concerning student
employment and membership in the system.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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.
§25.1. Full-Time Service.
Employment by public, state-supported educational institutions in Texas
for one-half or more of the standard work load at a rate comparable to the
rate of compensation for other persons employed in similar positions is defined
as regular, full-time service eligible for membership. Any employee of a public
state-supported educational institution in Texas shall be considered to meet
the requirements of the preceding sentence if his or her customary employment
is for [
§25.2. Bus Drivers.
Persons regularly employed as bus drivers for routes approved by the
Transportation Department of the Texas Education Agency are eligible for membership.
A person will be considered regularly employed as a bus driver if his or her
customary employment requires driving at least one such route per day.
§25.10. Student Employment.
(a)
A person employed in a Texas
public college or university is not eligible for membership if that employment
is conditioned upon enrollment as a student and the person has no other eligible
employment during the same payroll period. No person may establish or reinstate
credit for previously reported student employment.
(b)
A person who accepts employment
conditioned upon enrollment as a student does not lose any rights from service
established as a member when student enrollment was or is not an issue.
[A person employed in a Texas public college or university
is not eligible for membership based upon that employment, will not have deductions
made from compensation for that employment, and will not receive credit for
that employment if both the following conditions apply:]
[
The employment is conditional upon the employee's
being enrolled as a student at the same institution;]
[
The employee has no other employment
during the same payroll period which is eligible for membership in TRS.]
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901385
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.7, §25.8
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
the repeal of §25.7 concerning Employees of Eleemosynary Institutions
and §25.8 concerning the Scope of Membership.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reason for adopting the rules continue
to exist.
The proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeals are in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeals are in effect the public benefit
will be the deletion of outdated language from the rules. There will be no
effect on small businesses. There are no anticipated economic costs to the
persons who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeals are proposed 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 the proposed repeals.
§25.7. Employees of State Eleemosynary Institutions.
§25.8. Scope of Membership.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901378
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.46
The Teacher Retirement System of Texas (TRS) proposes an
amendment to §25.46 concerning the Determination of Compensation Subject
to Deposit and Credit.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reasons for adopting the rule continue to exist.
The proposed amendment to §25.46 deletes some outdated language concerning
maintenance which is no longer considered for creditable service.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the section as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the section as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendment is in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the section as proposed for
each year of the first five years the proposal will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendment is proposed 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 the proposed
amendment.
§25.46. Determination of Compensation Subject to Deposit and Credit.
[
The amount of deposits due for unreported
service will be calculated at the member contribution rate in effect for the
year in which the service was rendered but for which no deposits or insufficient
deposits were made. Contributions will be based on creditable compensation
as determined under the law applicable at the time of the service.
[
Deposits for unreported service
and credit for maintenance for school years in which maintenance is eligible
for credit will be based on a valuation made by the executive secretary or
a designee. The valuation may not exceed $400 per month. Maintenance consists
of housing furnished the member in lieu of salary as a part of an employment
contract between the public school and the member.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901386
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.51-25.55
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
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.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reason for adopting the rules continue
to exist.
The proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeals are in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeals are in effect the public benefit
will be the deletion of outdated language from the rules. There will be no
effect on small businesses. There are no anticipated economic costs to the
persons who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeals are proposed 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.
§25.51. Revocation of Waiver.
§25.52. Effect of Waiver and Revocation.
§25.53. Absence of Five Consecutive Years.
§25.54. Years of Service Required.
§25.55. Deposit after Retirement.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901379
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.61, 25.64, 25.66
The Teacher Retirement System of Texas (TRS) proposes amendments
to §25.61 concerning Service Credit for Eligible Military Duty, §25.64
concerning Crediting Fees, and §25.66 concerning Application for Military
Credit.
These proposals 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reasons for adopting the rules continue
to exist.
The proposed amendment to §25.61 deletes some time periods which no
longer have meaning for military duty eligible for service credit. The proposed
amendment to §25.64 recognizes the change in law from ten to five years
of TRS credit in order to purchase military service. The proposed amendments
to §25.66 clarify the procedures in the application and payment for military
credit.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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.
§25.61. Service Credit for Eligible Military Duty.
(a)
A member with five years of credit for service in the
public schools of Texas may receive additional retirement credit for active
military duty
.
[
[
school years during which
the military draft was in effect (1940-41 through 1972-1973;]
[
a period of service
directly resulting from the member's being called to active duty as a reservist,
National Guard member, or draftee pursuant to federal law;]
[
a member's initial term
of volunteer service under an enlistment which occurred while the military
draft was in effect (before September 16, 1940, but not later than January
27, 1973);]
[
a member's term of volunteer military
service on active duty.]
(b)-(c)
(No change.)
§25.64. Crediting Fee.
A crediting fee of 8.0% compounded annually shall be charged for the
purchase of credit from the end of the year in which the member was first
eligible to purchase the credit until payment for the credit is received.
The date of first eligibility to purchase credit shall be the latest of the
following:
(1)
the date the member obtains
5
[
(2)-(3)
(No change.)
§25.66. Application for Military Credit.
Members desiring to make deposits for military credit should request
in writing to be billed for the cost of the credit. Requests should be addressed
to Teacher Retirement System of Texas, 1000 Red River Street, Austin, Texas
78701-2698. Included with the request should be a certified or legible unaltered
copy or copies of the member's service record showing the dates and nature
of the member's active duty. The system may require the member to make available
to it such other evidence as may be required to establish the member's eligibility
for retirement credit and the amount of deposits due. When the system determines
the duty eligible for credit, it shall bill members for the total amounts
of deposits and fees due for the credit at the last address of the member
of which the system has record. The member must [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901387
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.62, 25.63, 25.65
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
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.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reason for adopting the rules continue
to exist.
The proposed 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 proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeals are in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeals are in effect the public benefit
will be the deletion of outdated language from the rules. There will be no
effect on small businesses. There are no anticipated economic costs to the
persons who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeals are proposed 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.
§25.62. Service during World War I.
§25.63. Required Service in Public Schools.
§25.65. Effective Dates of Laws Extending Military Duty Credit.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901380
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.75
The Teacher Retirement System of Texas (TRS) proposes an
amendment to §25.75 concerning the Application of Eligible Active Military
Duty under the Veteran's Reemployment Rights Act.
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reasons for adopting the rule continues to exist.
The proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the section as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the section as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendment is in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the section as proposed for
each year of the first five years the proposal will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendment is proposed 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.
§25.75. Application for Eligible Active Military Duty under the Veteran's Reemployment Rights Act.
Members desiring to make deposits for service credit for eligible military
duty under the Veteran's Reemployment Rights Act (VRRA) should request in
writing to be billed for the cost of the credit. Requests should be addressed
to Teacher Retirement System of Texas, 1000 Red River Street, Austin, Texas
78701-2698. Included with the request should be a certified or legible unaltered
copy or copies of the member's service record showing the dates and nature
of the member's military duty. Also included with the request should be a
certification of the date of the member's application for reemployment with
a Teacher Retirement System of Texas (TRS) covered employer or other proof
of the date of employment with a TRS covered employer. The system may also
require the member to make available to it such other evidence as may be required
to establish the member's eligibility under the VRRA and §25.71 of this
title (relating to Service Credit for Eligible Active Duty under the Veteran's
Reemployment Rights Act) for retirement credit and the amount of the deposits
due. When the system determines the duty is eligible for credit, it shall
bill the member for the total amounts of deposits and feeds due for the credit
at the last address of the member of which the system has record. The member
must [
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901388
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.82, 25.84, 25.85, 25.87
The Teacher Retirement System of Texas (TRS) proposes 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.
This proposal 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reasons for adopting the rules continues to exist.
The proposed 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 proposed amendment to §25.84 corrects a reference to crediting
for out-of-state service.
The proposed amendment to §25.85 changes the number of years from
ten to five of service credit before out of state may be used to compute a
benefit and the proposed amendment to §25.87 eliminates some dates that
no longer have meaning under current law.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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 amendments.
§25.82. Cost.
(a)
The cost of establishing out-of-state service is 12% per
year of the full annual salary rate for the first year of service in Texas
which is both after the out-of-state service and after September 1, 1956.
Annual salary is limited to $8,400 for years prior to September 1, 1969, and
$25,000 for years after September 1969 but before September 1, 1979. No limit
exists for years after September 1, 1979.
Cost will not be based on years
granted for substitute service.
In addition a crediting fee of 8.0%
compounded annually of the amount of deposits due and paid shall be charged
from the end of the school year in which the member was first eligible to
purchase credit for such service until payment for the credit is received.
The date of first eligibility to purchase credit for any year of out-of-state
service shall be the latest of the following dates:
(1)
the date the member received
5
[
(2)-(4)
(No change.)
(b)
No deposits for out-of-state service credit may be made
before the member accumulates
5
[
§25.84. Crediting [
The
crediting
[
§25.85. Amount of Out-of-State Service Which Can be Purchased.
(a)
(No change.)
(b)
No out-of-state service can be used to compute any benefit
for any person with less than
5
[
(c)
(No change.)
§25.87. Effective Date of Credit and Time for Payment.
(a)-(b)
(No change.)
[
Payment for at least one
year or an installment payment agreement must accompany the application to
purchase out-of-state service.]
[
Payment for out-of-state
service shall be made before retirement.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901389
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.83
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Teacher Retirement System of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
the repeal of §25.83 concerning Important Dates Relative to Out of State
Service Eligible for Credit.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section and others has been previously reviewed in an open
meeting by the TRS Policy Committee. This section and others are being posted
for comments regarding whether the reason for adopting the rules continue
to exist.
The repeal of §25.83 is proposed as the rule is no longer needed since
the underlying laws have been repealed.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeal.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeal is in effect the public benefit will
be the deletion of outdated language from the rules. There will be no effect
on small businesses. There are no anticipated economic costs to the persons
who are required to comply with the repeal as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeal is proposed 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 proposed repeal.
§25.83. Out-of-State Service Eligible for Credit: Important Dates.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901381
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
343 TAC §§25.103-25.105, 25.109-25.112
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
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.
The proposed repeals 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 will include, as a minimum, an assessment
by TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections and others are being posted
for comments regarding whether the reason for adopting the rules continue
to exist.
Sections 25.103-25.105, 25.109-25.111, 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.
§25.112 is obsolete as the law regarding the transfer of service for
the Texas Research Institute of Mental Sciences Employees was repealed.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeals are in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeals are in effect the public benefit
will be the deletion of outdated language from the rules. There will be no
effect on small businesses. There are no anticipated economic costs to the
persons who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeals are proposed 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 805 is affected by the proposed repeals.
§25.103. State Employee Service.
§25.104. Teacher and/or Auxiliary Employee Service.
§25.105. Reinstatements or Waivers.
§25.109. Auxiliary Employees.
§25.110. Required Members.
§25.111. Salaries.
§25.112. Texas Research Institute of Mental Sciences (TRIMS) Employees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901382
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.113
The Teacher Retirement System of Texas (TRS) proposes an
amendment to §25.113 and to the title of Subchapter H concerning the
transfer of credit between TRS and the Employees Retirement System (ERS).
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reasons for adopting the rule continues to exist.
The proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the section as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the section as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendment is in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the section as proposed for
each year of the first five years the proposal will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendment is proposed 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 805 is affected by the proposed amendment.
§25.113. Transfer of Credit Between TRS and ERS.
(a)-(j)
(No change.)
(k)
Transfer of Certain State Employees to ERS.
(1)
Certain state employees
have been
[
(2)
Employees whose agencies have been transferred to
ERS coverage, including the Texas Education Agency, [
(3)-(4)
(No change.)
(l)
Death benefits. Service credit of a person may not be
transferred between systems if:
(1)
(No change.)
(2)
The beneficiaries for death benefits in each system
are not identical.
Except, when only reinstated service is being transferred
and no beneficiary designation was made at or after the time of reinstatement,
a transfer will be allowed.
(m)-(n)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901390
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.121-25.123
The Teacher Retirement System of Texas (TRS) proposes 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.
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rules continues
to exist. These sections have been previously reviewed in an open meeting
by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reasons for adopting the rule continues to exist.
The proposed amendment to §25.131 clarifies that verification of service
must be done on TRS forms and the proposed amendment to §25.122 requires
that an affidavit for unreported service must be signed by an employer. The
proposed amendment to §25.123 adds the certified reporting official to
the list of people who may certify service.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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 is affected by the proposed amendment.
§25.121.Responsibility.
Verification of prior service is the responsibility of the member.
Verification of unreported service must be done by the employer on a form
prescribed by TRS.
§25.122.Affidavit.
Each member with prior service must make affidavit of the correctness
of the record of that service.
For unreported service the employer must
certify the service and compensation paid and the member must sign the affidavit
to show the service was rendered.
§25.123.Certification.
The correctness of this affidavit must be certified by an official
of the school where the service was rendered. This can be done by the superintendent,
business manager,
certified reporting official,
secretary of the
school board, or treasurer of the school board at the time the certification
is made. The certification must be based upon the existing records maintained
by the school and must be notarized.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901391
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.125
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Teacher Retirement System of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
the repeal of §25.125 concerning corroborating evidence in the verification
of service.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reason for adopting the rule continue 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.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeal is in effect the public benefit will
be the deletion of outdated language from the rules. There will be no effect
on small businesses. There are no anticipated economic costs to the persons
who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The repeal is proposed 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 825, §825.403(j) is affected by this proposal.
§25.125.Corroborating Evidence.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901383
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§25.131-25.133
The Teacher Retirement System of Texas (TRS) proposes amendments
to §25.131 concerning required service, §25.132 concerning vacation
time, and §25.133 concerning the school year.
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rules continues
to exist. These sections have been previously reviewed in an open meeting
by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reasons for adopting the rule continues to exist.
The proposed 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 proposed 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 proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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
§25.131.Required Service.
A member must serve at least 4 1/2 months in an eligible position during
the school year to receive credit for a year of service. Exceptions to this
requirement are the following:
(1)-(2)
(No change.)
(3)
A full year of service credit will be granted either
to a substitute who qualifies for membership by virtue of rendering
and paying for 90 or more days as a substitute per §25.4 of this title
(relating to Employee Substitutes)
[
Paid Leave
[
Paid leave
[
§25.133.School Year.
For the purpose of granting creditable time toward retirement a "school
year" shall be one of the following:
(1)-(2)
(No change.)
(3)
a period not to include more than 12 months, extending
from the beginning date of a "qualified contract"
or an oral or written
work agreement
year through August 31 of the following calendar year
or to the beginning date of a subsequent qualified contract
or oral or
written work agreement
year, whichever is earlier. Use of this "qualified
contract year" is optional for school years 1970-1971 through 1974-1975 but
shall be mandatory for all persons under a qualified contract after the 1974-1975
school year.
Use of written or oral work agreement which is not a qualified
contract is optional for school years 1970-1971 through 1994-1995, but shall
be mandatory for all persons employed under a written or oral work agreement
after the 1994-1995 school year.
A "qualified contract"
or "work
agreement"
is any employment agreement in which service each year under
the agreement is to begin on or after July 1 and is to extend past August
31 of the same calendar year
. A "qualified contract" further
[
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901392
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.151
The Teacher Retirement System of Texas (TRS) proposes an
amendment to §25.151 concerning developmental leave, eligibility, and
cost.
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reasons for adopting the rule continues to exist.
The proposed amendment to §25.151 updates a reference to the law.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the section as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the section as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the section as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendment is proposed 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.
§25.151.Developmental Leave, Eligibility, Cost.
(a)
(No change.)
(b)
The member's employer is responsible for determining whether
a member's leave meets the definition of "developmental leave" in Texas
Government Code, §823.402(b)
[
(c)-(d)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901393
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.161
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Retirement System of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
the repeal of §25.161 concerning employment for institutions subsequently
becoming state educational institutions.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reason for adopting the rule continue to exist.
Section 25.161 is no longer needed as the rule is now in the law underlying
this rule was repealed.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeal.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeal is in effect the public benefit will
be the deletion of outdated language from the rules. There will be no effect
on small businesses. There are no anticipated economic costs to the persons
who are required to comply with the repeal as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The repeal is proposed 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 proposed repeal.
§25.161.Employment for Institutions Subsequently Becoming State Educational Institutions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901384
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §25.183, §25.185
The Teacher Retirement System of Texas (TRS) proposes amendments
to §25.183 concerning nonpayment of installment payments and §25.185
concerning amounts not refundable with respect to installment payments.
This proposal 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rules continues
to exist. These sections have been previously reviewed in an open meeting
by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reasons for adopting the rule continues to exist.
The proposed amendment to §25.183 adds language to clarify what constitutes
nonpayment and the proposed amendment to §25.185 deletes language regarding
membership fees as the law was repealed.
Ronnie Jung, Chief Financial Officer, has determined that for each year
of the first five years the sections as amended will be in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the section.
Ronnie Jung, Chief Financial Officer, has determined that the public benefit
will be a more accurate reflection of current law and elimination of some
unnecessary language. He has also determined that there will be no anticipated
economic cost to the public, small businesses, or to the persons who are required
to comply with the sections as proposed for each year of the first five years
the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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.
§25.183.Nonpayment.
The following occurrences shall be treated as nonpayment of installment
payments that are due:
(1)
a check returned for any reason;
[
(2)
any bank draft which is not honored;
[
(3)
payroll deductions not received by the retirement
system;
or
(4)
a payment made by payroll deduction
for which a district making the deduction subsequently takes credit.
§25.185.Amounts Not Refundable.
(a)-(c)
(No change.)
[(d)
Inactive membership fees paid as part
of installment payments to establish service credit are not refundable after
the installment payments have established at least one year of service credit.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901394
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§27.1, 27.7, 27.9
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Teacher Retirement System of Texas or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) is
proposes the repeal of §27.1 concerning termination of membership because
of absence, §27.7 concerning termination of membership and retired members,
and §27.9 concerning reinstatement of transferred ERS covered service.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
These proposed repeals eliminate sections of the rules that are obsolete.
The repeal of §27.1 deletes language that is included in the TRS law
at §822.003 of the Government Code. The repeal of §27.7 is proposed
as it is a duplication of language included in 34 TAC, Part III, Chapter 31,
§31.11 of the TRS rules. Section 27.9 is no longer needed as the transfer
law to which it refers was repealed. A new law found in Chapter 805 of the
Government Code allows a transfer of credit at retirement and rules covering
those situations are found in 34 TAC, Part III, Chapter 25, Subchapter H.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeals are in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeals.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeals are in effect the public benefit
will be the deletion of outdated language from the rules. There will be no
effect on small businesses. There are no anticipated economic costs to the
persons who are required to comply with the repeals as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The repeals are proposed under §825.102 of the Government
Code, which authorizes the Board of Trustees Teacher Retirement System to
adopt rules for the administration of the retirement program.
Section 27.1, §27.7--Government Code, Chapter 822, Subchapter A, §822.003,
§27.9--Government Code, and Chapter 805 are affected by these proposals
§27.1.Termination Because of Absence.
§27.7.Retired Members.
§27.9.Reinstatement of Transferred ERS Covered Service.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901395
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §27.3, §27.6
The Teacher Retirement System of Texas (TRS) proposes amendments
to §27.3 concerning a false affidavit for a refund and §27.6 concerning
the reinstatement of a withdrawn account.
These proposals 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendment to §27.3 changes the date for making an affidavit
from the date that the person receives the refund to the date a refund is
mailed due to changes is the law. The proposed amendment to §27.6 eliminates
membership fees from the amounts required to reinstate a withdrawn account
as the requirement was deleted from the law.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the section as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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.
Government Code, Chapter 822, Subchapter A and Government Code, Chapter
823, Subchapter F are affected by these proposals.
§27.3.False Affidavit.
A member who makes affidavit that he has permanently terminated his
employment in state-supported public education in Texas but who is so employed
or who contracts for such employment before
TRS mails the refund
[
§27.6.Reinstatement of an Account.
Any member who has withdrawn an account resulting in the cancellation
of service credit may reinstate this account and receive credit for the canceled
service by meeting the following requirements:
(1)
(No change.)
(2)
Redeposit the amount withdrawn [
(3)-(4)
(No change.)
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901396
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
Subchapter A. Retirement
34 TAC §§29.8, 29.9, 29.22
The Teacher Retirement System of Texas (TRS) proposes amendments
to §29.8 concerning retirement payment plans, §29.9 concerning survivor
benefits, and §29.22 concerning approval of disability retirements.
These proposals 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendment to §29.8 changes the date that benefit payments
to the member cease in the event of the death of the retired member and adds
language addressing an additional retirement option, Option 5 which was added
by law in 1995. In addition, language restricting those eligible to elect
the pop-up option has been deleted in accordance with the changes in the law.
The proposed amendment to §29.9 reflects increases in the survivor benefits
paid and outlined in recent law. The proposed amendment to §29.22 changes
the title of "executive secretary" to "executive director" which was changed
in the law.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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.
Section 29.8--Government Code, Chapter 824, Subchapters A, B, and C, §29.9--Government
Code, Chapter 824, Subchapters E and F, and §29.22--Government Code,
Chapter 824, Subchapter D are affected by these proposals.
§29.8.Retirement Payment Plans.
(a)
The standard annuity benefit is payable throughout life
for service retirees or for the duration of the disability for disability
retirees with at least 10 years of service, with payments ceasing
the
month following
[
(b)
An option which permits the retiree to reduce his own annuity
with monthly benefits continuing to a beneficiary after his death may be selected
in lieu of the standard annuity. The options are:
(1)-(4)
(No change.)
(5)
a reduced allowance payable throughout
life with the provision that upon the death of the retired member, three-fourths
of the reduced allowance shall be continued throughout the life of, and paid
to, the person named before retirement. Upon the death of the retired member's
beneficiary who was receiving an Option 5 annuity, if the total payment of
benefits to the retired member and his beneficiary under this option was less
than the accumulated contributions of the retired member, then the estate
or heirs of the beneficiary shall be refunded an amount equal to the retired
member's accumulated contributions less the total amount of Option 5 benefits
which had been paid to both annuitants.
(c)
For Option 1 [
(1)-(2)
(No change.)
[(d)
Subsection (c) of this section applies:
[(1)
to members who retired on service retirement after August
31, 1989, or disability retirement after August 31, 1992; and
[(2)
to members who retired on service retirement under
Option 1 or 2 after April 30, 1989, and who elect in writing no later than
September 30, 1989, to receive an annuity reduced as necessary to implement
the pop-up feature in accordance with actuarial tables effective September
1, 1989. ]
§29.9.Survivor Benefits.
In addition to any of these retirement annuity payments, the designated
beneficiary of any retired member is eligible to receive survivor benefits
of one of the following:
(1)
(No change.)
(2)
a lump sum payment of $2,500 and one of the following:
(A)
to the widow, widower, or dependent parent,
$200
[
(B)
to the widow or widower with children under the age of
18,
$300
[
(C)
to the guardian of dependent children under the age of
18,
$300
[
(D)-(F)
(No change.)
§29.22.Approval of Disability Retirements.
The executive
director
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901397
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §29.33, §29.34
The Teacher Retirement System of Texas (TRS) proposes amendments
to §29.33 concerning absence from service and §29.34 concerning
limitations with respect to death before retirement.
These proposals 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendment to §29.33 substitutes a reference to a rule
that was repealed with a reference to the current law and clarifies the date
when absence from service begins. The proposed amendment to §29.34 changes
the title of the "executive secretary" to "executive director" as this has
been changed in the law.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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.
Section 29.33--Government Code, Chapter 824, Subchapter E, §824.403,
§29.34--Government Code, and Chapter 824, Subchapter A, §824.006
are affected by these proposals.
§29.33.Absence from Service.
If
a
[
§29.34.Limitations.
(a)
(No change.)
(b)
Final payment of any annuity will be made at the end of
the month [
(c)-(d)
(No change.)
(e)
An adult beneficiary or guardian of a minor beneficiary
is required to make a selection of payment within 60 days after the death
of a member. In circumstances of unusual hardship, the executive
director
[
(f)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901398
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§31.3, 31.7, 31.8, 31.10, 31.11, 31.13
The Teacher Retirement System of Texas (TRS) proposes amendments
to §31.3 concerning permissible substitute employment after retirement,
§31.7 concerning regular employment having no effect on annuity, §31.8
concerning employment on one-half time basis, §31.10 concerning monthly
certified statements, §31.11 concerning requirements to become an active
member after retirement, and §31.13 concerning employment up to three
months on a one-time only trial basis for disability retirees.
This proposal is 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendment to §31.3 removes language limiting substitute
service to 120 days for service retirees as the law was changed in 1995 to
remove the limit. In addition, a proposed amendment to the rule reflects new
law allowing a disability retiree to work 90 days as a substitute or one-half
time. The proposed amendment to §31.7 adds language to reflect the limitation
in the law on disability retirees for 90 days as a substitute or one-half
time. The proposed amendment to §31.8 makes it clear that the employment
after retirement laws apply to public schools, not just high schools. It also
clarifies that the reference to 12 days with respect to one-half time employment
for bus drivers is determined on a monthly basis. The proposed amendment to
§31.10 changes the title of "executive secretary" to "executive director"
as the title was changed by law in 1993. The proposed amendment to §31.11
eliminates the language requiring payment of membership fees for each year
of service when becoming an active member after retirement. Additional language
proposed in §31.13 clarifies that references to §31.7 and §31.12
deal with service retirees only. The language requiring an advance designation
with respect to work that occurred in three consecutive months of a school
year as that requirement was deleted from the law. Finally, language is added
to make clear that the law permits a three month exception with respect to
employment for disability retirees in addition to the 90 days of work per
school year provided in Title 34, TAC, §31.3.
Ronnie Jung, Chief Financial Officer, has determined that for each year
of the first five period the sections as amended will be in effect, there
will be no fiscal implications to state or local governments as a result of
enforcing or administering the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and an accurate reflection of current law. There will
be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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 824, Subchapter G is affected by these proposals.
§31.3.Permissible Substitute Employment.
Any person receiving a service retirement annuity may be employed in
a month as a substitute in a public educational institution without affecting
the annuity payment for that month, provided [
§31.7.Regular Employment Having No Effect on Annuity.
Any person receiving a service retirement annuity may, without affecting
payment of the annuity, be employed during any month in Texas public education
on as much as one-half the full-time load for the particular position according
to the personnel policies of the employer, provided the person is not also
employed as a substitute in that month. The exception described in this section
is not available to persons who have elected the exception described in §31.12
of this title (relating to Employment up to Six Months on as Much as Full
Time). The exception described in this section does not apply for the first
month after the person's effective date of retirement (or the first two months
if the person's retirement date has been set on May 31 under §29.14 of
this title (relating to Eligibility for Retirement at the End of May)).
Any person receiving a disability retirement annuity, may without affecting
payment of the annuity, be employed for a period not to exceed 90 days during
any school year in Texas public education on as much as one-half the full-time
load or as a substitute for the particular position according to the personnel
policies of the employer.
§31.8.One-Half Time.
"One-half time" employment shall in no case exceed 92 clock hours in
any calendar month. Determination of half-time will be made on a monthly basis
using calendar months. Actual course instruction in state-supported colleges
(including junior colleges), universities, and
public
[
§31.10.Monthly Certified Statement.
The employer will furnish the retirement system a monthly certified
statement of all employment after retirement containing information necessary
for the executive
director
[
§31.11.Requirements To Become an Active Member after Retirement.
(a)
A person retired under a service retirement annuity may
again become an active member, receive additional membership service credit,
and re-retire under provisions of the retirement formula then in effect provided
the retiree meets the following requirements:
(1)-(3)
(No change.)
[(4)
pays membership fees for each year
of service after his return to employment.]
(b)
(No change.)
§31.13.Employment up to Three Months on a One-Time Only Trial Basis for Disability Retirees.
(a)
A person receiving a disability retirement annuity may
not exercise the exceptions
dealing with service retirees
described
in §31.7 of this title (relating to Regular Employment Having No Effect
on Annuity) and in §31.12 of this title (relating to Employment up to
Six Months on as Much as Full Time).
(b)
(No change.)
(c)
The work must occur:
(1)
in a period, designated by the employee [
(2)
(No change.)
(d)-(e)
(No change.)
(f)
The three month exception outlined in
this rule is in addition to the 90 days of work allowed in §31.3 of this
title (relating to Permissible Substitute Employment) for disability retirees.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901399
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §33.1, §33.2
The Teacher Retirement System of Texas (TRS) proposes amendments
to §33.1 concerning legal competence in the approval of an optional settlement
related to a minor and §33.2 concerning legal competence and the payments
for the account of a minor child.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. These sections and others have been previously reviewed in an open
meeting by the TRS Policy Committee. These sections are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendments to §33.1 and §33.2 remove a specific
reference to the Probate Code and insert a reference to "law". The broader
wording allows reference to all Texas laws dealing with minors, rather than
only those found in the Probate Code.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposal will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas, 78701, (512) 397-6400.
The amendments are proposed 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.
No other laws are affected by these proposed changes.
§33.1.Approval of Optional Settlement; Minor.
Any selection of an optional settlement of a death claim in favor of
a minor child who has not had the disabilities of minority removed cannot
be accepted by the Teacher Retirement System of Texas unless it has been approved
by the guardian of the estate of the child or as otherwise provided by the
law
[
§33.2.Payments for the Account of a Minor Child.
Payments for the account of a minor child who has not had the disabilities
of minority removed cannot be made except to the guardian of the estate of
the child or as otherwise provided by the
law
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
March 5, 1999.
TRD-9901400
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §41.1, §41.3
The Teacher Retirement System of Texas (TRS) proposes 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.
This proposal is 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
The proposed amendment to the Title of Chapter 41 changes the title of
the section to be more inclusive as the current law indicates. The proposed
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, proposed 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 proposed 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.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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. 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 proposed amendments. Chapter
41.
§41.1.Enrollment Periods for the Texas Public School [
(a)
[
[
The initial
[
(1)
for eligible
service
retirees
at the later
of
:
(A)
31 days after their effective retirement date;
or
[
(B)
the 31st day following the
last day of the month in which their election to retire is received by TRS.
(2)
for surviving spouses, 31 days after the end
of the month in which the eligible retiree died or 31 days following the date
of notice of eligibility sent by the Texas Public School [
(3)
for eligible disability
retirees, 31 days after the date that the disability retirement is approved
by the TRS Medical Board.
(b)
[
(c)
[
(1)
a participant in TRS-Care 1 will have coverage increased
to TRS-Care 2 upon becoming eligible for Medicare;
(2)
A retiree may elect coverage for a spouse within 31
days of the date on which the retiree is married;
(3)
A retiree or surviving spouse may add coverage for
children within 31 days after the date on which the retiree or surviving spouse
first acquires a child eligible for coverage under TRS-Care;
(4)
a participant shall be entitled to all applicable
rights under the Federal Public Health Service Act (COBRA), Title XXII.
(d)
[
Retirees Advisory Committee
[
(a)
The task and purpose of the Retirees Advisory
Committee is to:
(1)
hold public hearings on group insurance benefits;
(2)
recommend to the board minimum standards and features
of the plan or plans that it considers appropriate; and
(3)
recommend to the board desirable changes in rules
and legislation affecting the program.
(b)
[
(c)
[
(d)
[
(e)
[
(f)
[
(g)
[
(h)
The committee will report
to the Benefits Committee of the Board or directly to the Board as appropriate.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901416
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
§41.3.34 TAC §41.11
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Teacher Retirement System of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) is
proposes the repeal of §41.11 concerning active member insurance contingency
reserve fee.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reason for adopting the rule continues to exist.
The proposed repeal eliminates a section of the rules that is obsolete.
The Legislature deleted the contingency reserve fee from the law.
Ronnie Jung, Chief Financial Officer, has determined that for the first
five-year period the repeal is in effect, there will be no fiscal implications
to state or local governments as a result of enforcing or administering the
repeal.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeal are in effect the public benefit will
be the deletion of outdated language from the rules. There will be no effect
on small businesses. There are no anticipated economic costs to the persons
who are required to comply with the repeal as proposed.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeal is proposed 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
and under the Insurance Code, Article 3.50-4, §5 , which authorizes the
Teacher Retirement System to adopt rules for the administration of the TRS
insurance program. In addition, §7A(g) of Article 3.50-4 provides that
the fee in question expires after the 1996-97 school year.
Insurance Code, Article 3.50-4, §7A(g) is affected by this proposed
repeal.
§41.11.Active Member Insurance Contingency Reserve Fee.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901417
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§43.1, 43.3-43.6, 43.8-43.13, 43.16, 43.25, 43.36-43.39, 43.43, 43.45-43.47
The Teacher Retirement System of Texas (TRS) proposes amendments
to §43.1 concerning administrative review of individual complaints, §43.3
concerning definitions related to adjudicative hearings, §43.4 concerning
decisions subject to review by an adjudicative hearing, §43.5 concerning
a request for adjudicative hearing, §43.6 concerning filing of documents,
§43.8 concerning extensions, §43.9 concerning docketing of adjudicative
hearing, §43.10 concerning the authority of executive secretary to grant
relief, §43.11 concerning classification of pleadings, §43.12 concerning
form of petitions and other pleadings, §43.13 concerning filing of pleadings
and amendments, §43.16 concerning notice of hearing, §43.25 concerning
conduct of hearing, §43.36 concerning ex parte consultations, §43.37
concerning reporters and transcripts, §43.38 concerning dismissal without
hearing, §43.39 concerning summary judgment, §43.43 concerning subpoenas,
§43.45 concerning final decisions and appeals to the Board of Trustees,
§43.46 concerning rehearing and §43.47 concerning procedures not
otherwise provided
This proposal is 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 will include, as a minimum, 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 are being posted for comments
regarding whether the reason for adopting the rules continue to exist.
These specific proposals recognize an administrative reorganization where
the chief officer rather than a division head makes the decision that may
be appealed within the agency; changes the title of executive secretary to
executive director as the law was changed; adds the duties set in law for
the State Office of Administrative Hearings (SOAH); deletes some unneeded
language; adds a section on dismissal and SOAH authority; allows service by
electronic means; updates a statutory reference; allows hearing in Austin,
but not necessarily at the retirement building; clarifies ex parte consultations
in accordance with the law; clarifies the final decision area and the rehearing
area by changing some of the deadlines in compliance with the law and for
consistency.
Ronnie Jung, Chief Financial Officer, has determined that for first five
year period the sections as amended will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the sections as proposed.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be clarification and a more accurate reflection of current law. There
will be no affect on small businesses. There are no anticipated economic costs
to the persons who are required to comply with the sections as proposed for
each year of the first five years the proposals will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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.
No other laws are affected by these proposed amendments.
§43.1.Administrative Review of Individual Complaints.
The Teacher Retirement System of Texas (TRS) is divided into administrative
divisions which are further divided into departments for the efficient implementation
of its duties. Any person who desires any action from TRS must consult with
the proper department within TRS and comply with all proper requirements for
completing forms and providing information to that department. In the event
that a person is not satisfied with the determination, decision, or action
of department personnel, the person may complain to the appropriate supervisors
within the department and division. If not satisfied after consulting with
the proper supervisory personnel, the person may appeal the decision to the
administrative head of the appropriate division within the time period established
by the supervisory personnel. The
chief officer or equivalent person
of the appropriate division
[
§43.3.Definitions.
The following words and terms, when used in this section, shall have
the following meanings, unless the context clearly indicates otherwise:
(1)
Board - The Board of Trustees of the Teacher Retirement
System of Texas
(2)
Contested Case - A proceeding in which the legal rights,
duties, or privileges of a party are to be determined by the
Teacher
Retirement System
[
(3)
Executive
Director
[
(4)
Hearing Officer - Any person appointed by the executive
director, or by the State Office of Administrative Hearings (SOAH),
[
(5)
Member - A person who is a member, retiree, or beneficiary
of the Teacher Retirement System.
(6)
Order - The whole or a part of the final disposition,
whether affirmative, negative, injunctive, or declaratory in form, of
a hearing officer, the executive director, or
the board in a
contested
case
[
(7)
Party - Each person named or admitted in a contested
case.
(8)
Person - Any natural person.
(9)
Pleading - A written allegation by the parties or
the Teacher Retirement System of Texas of their or its respective claims.
Pleadings may take the form of applications, petitions, appeal letters, complaints,
briefs, exceptions, replies, motions, notices, or answers.
(10)
TRS - The Teacher Retirement System of Texas.
(11)
Trustee - One of the elected or appointed members
of the decision making body defined as the board.
(12)
With prejudice - Final and binding.
[
- The hearing officer appointed to hear the present case may also be referred
to as the hearing officer.]
[
- Any hearing,
investigation, inquiry, or other fact-finding or decision-making procedure,
including the denial of relief or the dismissal of an appeal if the matter
is a contested case.]
§43.4.Decisions Subject to Review by an Adjudicative Hearing.
Any interested person shall be entitled to appeal the decision of a
chief officer or designee
[
(1)-(8)
(No change.)
§43.5.Request for Adjudicative Hearing.
On a matter over which TRS has jurisdiction and authority to grant
relief, a
[
§43.6.Filing of Documents.
All documents relating to any proceeding pending or to be instituted
before the board shall be filed with the executive
director
[
§43.8.Extensions.
Unless otherwise provided by statute, the time for filing any of the
documents mentioned in this section may be extended, upon the filing of a
motion, prior to the expiration of the applicable period of time, showing
that there is good cause for such extension of time and that the need for
the extension is not caused by the neglect, indifference, or lack of diligence
of the party making the motion. A copy of any such motion shall be served
upon all other parties of record to the proceeding contemporaneously with
its filing. In the case of filings which initiate a proceeding or which are
made before a hearing officer has been assigned the matter, the executive
director
[
§43.9.Docketing of Adjudicative Hearing , Dismissal, and SOAH Authority .
(a)
On a matter over which TRS has jurisdiction and authority
to grant relief, the
[
(b)
The executive director may dismiss matters over which
TRS has no jurisdiction or no authority to grant relief.
[
(c)
Prior to docketing an appeal,
the executive director or a designee may review the pleadings filed with TRS
to determine the sufficiency. If the pleadings do not materially comply with
these rules, the executive director shall return the pleadings to the person
filing them, along with reasons for the return. The person shall be given
a reasonable time (not to exceed 90 days) to file corrected pleadings. If
the pleadings are not corrected to substantially comply with the rules, the
executive director may dismiss the complaint with prejudice.
(d)
When a contested case is referred
to SOAH and during the period of time the case is before SOAH, the rules for
SOAH shall be in force and will be followed should there be any conflict between
those rules and these.
(e)
The executive director may
dismiss a petition that is not timely filed in accordance with these rules.
§43.10.Authority [
At any time after the petition is filed and before the hearing is conducted,
the executive
director
[
§43.11.Classification of Pleadings.
Pleadings filed with the executive
director
[
§43.12.Form of Petitions and Other Pleadings.
(a)-(c)
(No change.)
(d)
The original petition for an adjudicative hearing should
also include the name, address, telephone number of appellant, the name, and,
if known, the tax number of any member whose interest or whose beneficiary's
interest may be involved in the case. The petition should further identify
all persons who may have a material interest in the outcome of the case, the
basis for that interest, and such person's last known address. If such information
is not provided on the original petition, the executive
director
[
(e)-(g)
(No change.)
[
The executive secretary or
hearing officer may review pleadings filed with TRS to determine their sufficiency
under these sections. If the pleadings do not materially comply with these
sections, the executive secretary shall return the pleadings to the person
filing them, along with reasons for the return. The person shall be given
a reasonable time (not to exceed 90 days) to file corrected pleadings. If
the pleadings are not corrected to substantially comply with this section,
the executive secretary may dismiss the complaint with prejudice.]
§43.13.Filing of Pleadings and Amendments.
(a)
(No change.)
(b)
The filing of motions, answers, amended pleadings, and
corrected pleadings shall not be permitted to delay any hearing unless the
executive
director
[
(c)
When a hearing is before a
SOAH hearing officer, the rules for SOAH dealing with this subject shall be
in force and will be followed should there be any conflict between those rules
and these.
§43.16.Notice of Hearing and Other Action.
(a)
Notices of hearing, proposals for decision, and all other
rulings, orders, and actions by TRS shall be served upon all parties or their
attorneys of record in person or at their last known address by mail. Service
by mail is complete upon deposit in the mail, properly addressed, with postage
prepaid.
Service may also be accomplished by electronic mail if all parties
agree. In that case, the sender shall also file the original of the document
with the hearing officer and the sender has the burden of proving the date
and time of receipt of the document. Electronic mail may not be used with
documents produced pursuant to a discovery request.
On motion by any
party or on its own motion, TRS may serve notice of a hearing on any person
whose interest in the subject matter will be directly affected by the final
decision in the case.
(b)-(d)
(No change.)
§43.25.Conduct of Hearing.
(a)
(No change.)
(b)
All hearings will be held
in Austin, Texas unless
all parties agree to another site.
[
(c)-(d)
(No change.)
(e)
Where the proceeding is initiated at the executive
director's
[
(f)-(i)
(No change.)
§43.36.Ex Parte Consultations.
Unless required for the disposition of ex parte matters authorized
by law,
the executive director, any hearing officer, and any member of
the Board of Trustees who may
[
§43.37.Reporters and Transcript.
(a)-(b)
(No change.)
(c)
The executive
director
[
(d)
(No change.)
§43.38.Dismissal Without Hearing.
(a)
(No change.)
(b)
The hearing
officer
[
(1)-(3)
(No change.)
(c)
For good cause, the executive
director
[
§43.39.Summary Judgment.
(a)
(No change.)
(b)
A party adversely affected by a summary judgment decision
may appeal the decision to the board of trustees provided written notice of
appeal is filed with the executive
director
[
§43.43.Subpoenas.
(a)
The issuance of subpoenas in any proceeding shall be governed
by the Administrative Procedure and Texas Register Act (Texas
Government
Code, Section 2001.089
[
(b)-(c)
(No change.)
§43.45.Final Decisions and Appeals to the Board of Trustees.
(a)
The hearing officer or administrative law judge shall
issue proposed conclusions of law and findings of fact and/or a proposal for
decision in accordance with Chapter 2001 of the Government Code.
[
(b)
Exceptions to SOAH's proposed final decision shall
be filed with the executive director within 15 days of the date the proposed
final decision was issued. Replies to any exception shall be filed within
15 days of the date the exception is filed. Exceptions shall state with specificity
any error of fact or law alleged to have been made by the hearing officer
and references shall be given to exhibits or testimony where supporting evidence
is found.
[
(c)
The executive
director
[
(d)
[
(e)
[
(f)
[
(1)
that the administrative law
judge did not properly apply or interpret applicable law, agency rules, written
policies provided to the judge, or prior administrative decisions;
(2)
that a prior administrative
decision on which the administrative law judge relied is incorrect or should
be changed; or
(3)
that a technical error
in a finding of fact should be changed; or
(4)
that the change is needed
based on a fiduciary responsibility as a trustee of the TRS Trust established
in the Texas Constitution.
§43.46.Rehearings.
(a)
A party adversely affected by a final decision
in a case must file a motion for rehearing
not later than the 20th day
after the date on which the party or party's attorney or record is notified
of the decision or order by the executive director or the decision or order
of the board of trustees when an appeal to the board is made.
[
(b)
A reply to the motion for rehearing
must be filed with TRS not later than the 30th day after the date on which
the party or the party's attorney of record is notified as required by Chapter
2001of the Government Code concerning the decision or order that may become
final.
(c)
The executive director shall
act on a motion for rehearing not later than the 45th day after the date on
which the party or party's attorney of record is notified as required by Chapter
2001 of the Government Code concerning the decision or order that may become
final or the motion is overruled by operation of law.
(d)
A party or attorney of record
notified by mail is presumed to have been notified on the date on which the
notice is mailed.
§43.47.Procedures Not Otherwise Provided.
If, in connection with any hearing, the executive
director
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901419
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §43.22
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Teacher Retirement System of Texas or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Teacher Retirement System of Texas (TRS) proposes
the repeal of §43.22, relating to the appointment of a hearing office
for an adjudicative hearing.
This proposal is 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 will include, as a minimum, an assessment by
TRS as to whether the reason for adopting or readopting the rule continues
to exist. This section has been previously reviewed in an open meeting by
the TRS Policy Committee. This section is being posted for comments regarding
whether the reason for adopting the rules continue to exist.
The proposed repeal of §43.22 will eliminate language regarding the
appointment of hearing officers. A separate submission includes proposed amendments
to §43.9 concerning docketing of an adjudicative hearing that will address
the appointment of hearing officers.
Ronnie Jung, Chief Financial Officer, has determined that for each year
of the first five years the repeal will be in effect, there will be no fiscal
implications to state or local governments as a result of enforcing or administering
the repeal.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the repeal is in effect the public benefit will
be the deletion of outdated language from the rules resulting in a clearer
explanation of the appeals process. There will be no affect on small businesses.
There are no anticipated economic costs to the persons who are required to
comply with the proposed repeal for each year of the first five years the
repeal will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The repeal is proposed under § 825.102 of the Government
Code, which authorizes the Board of Trustees of Teacher Retirement System
to adopt rules for the administration of the retirement fund.
No other laws are affected by the proposed repeal.
§43.22.Hearing Officer.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901418
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
34 TAC §§47.3, 47.5, 47.6
The Teacher Retirement System of Texas (TRS) proposes amendments
to §47.3 concerning review of qualified domestic relations orders, §47.5
concerning orders not qualified and §47.6 the appeal of notice that order
is not
This proposal is 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 will include, as a minimum, 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 and others are being posted for
comments regarding whether the reason for adopting the rules continue to exist.
The proposed amendments to each of these sections changes the title of
head of the agency from "executive secretary" to "executive director". The
title was changed by law in 1993.
Ronnie Jung, Chief Financial Officer, has determined that for each year
of the first five years the section as amended will be in effect, there will
be no fiscal implications to state or local governments as a result of enforcing
or administering the section.
Ronnie Jung, Chief Financial Officer, has also determined that for each
year of the first five years the amendments are in effect the public benefit
will be the deletion of outdated language and the use of the legally correct
title within the rules. There will be no affect on small businesses. There
are no anticipated economic costs to the persons who are required to comply
with the sections as proposed for each year of the first five years the proposals
will be in effect.
Comments may be submitted to Charles L. Dunlap, Executive Director, 1000
Red River, Austin, Texas 78701, (512) 397-6400.
The amendments are proposed 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, the Acts of the 73rd Legislature, 1993, Chapter
812, §16 authorized the title changes.
No other laws are affected by these proposed changes.
§47.3.Review of Orders.
The executive
director
[
§47.5.Orders Not Qualified.
The executive
director
[
§47.6.Appeal of Notice That Order is Not Qualified.
A determination by the executive
director
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March
8, 1999.
TRD-9901420
Charles Dunlap
Executive Director
Teacher Retirement System of Texas
Proposed date of adoption: April 23, 1999
For further information, please call: (512) 391-2115
Part III.
Teacher Retirement System of Texas
more than
] 20 hours
or more
for
each
[
one
] week and
for four and one-half
[
more than
five
] months or
more
in one
school
year.
(1)
(2)
Subchapter C. Unreported Service
(a)
]
(b)
Subchapter D. Waiver
Subchapter E. Military Service
in any of the following periods:
]
(1)
(2)
(3)
(4)
10
]
years' credit for service in the public schools of Texas;
sign the statements
contained on the bill certifying the accuracy of the information provided
on the bill and
] return the bill to the system with the total amount
due for the military duty credit or with an installment payment agreement
and all subsequent installment payments due
. [
A member who requests
a bill and submits all necessary evidence for crediting his or her military
duty before the end of a school year shall have 30 days from the date the
bill is transmitted by the system in which to submit the amount due or to
return the installment payment agreement without owing any additional fees
otherwise becoming due because of the intervening termination of the school
year.
] Deposits for military duty credit will not be accepted after
date of death, except to the extent permitted under the laws and rules governing
installment payments, or date of service retirement of a member.
Subchapter F. Veteran's Service Credit
sign the statements contained in the bill and
] return the
bill to the system with the total amount due for the eligible credit or with
an installment payment agreement
and all subsequent installment payments
due
. [
A member who requests a bill and submits all necessary evidence
for crediting his military duty eligible under the VRRA and §25.71 of
this title before the end of a school year shall have 30 days from the date
the bill is transmitted by the system in which to submit the amount due or
to return the installment payment agreement without owing any additional fees
otherwise becoming due because of intervening termination of the school year.
] Deposits for military duty eligible for credit under the VRRA and
§25.71 of this title will not be accepted after the date of death of
a member, except to the extent permitted under the laws and rules governing
installment payments.
Subchapter G. Purchase of Credit for Out-of-State Service
10
]
years' credit for service in the public schools of Texas;
10
] years of credit
for service in the public schools of Texas.
Reinstatement ] Fees.
reinstatement
] fees for out-of-state
service will be credited to the state contribution account.
10
] years service in
Texas.
(c)
(d)
Subchapter H. Joint Service with Employees Retirement System
Subchapter H. Transfer of Credit Between TRS and ERS
are
being
] transferred to ERS membership as a result of legislation enacted
by the 73rd Texas Legislature
, Regular Session
. Among these are
employees of the Texas Education Agency, employees of the Texas Surplus Property
Agency transferred to the General Services Commission, [
and
] some
employees of the Texas Rehabilitation Commission
, the Texas School for
the Deaf, the Texas School for the Blind, the Higher Education Coordinating
Board, and the Texas Youth Commission
. Such employees are eligible to
transfer TRS credit to ERS for benefit purposes under the Government code,
Chapter 805 subject to the modifications contained in this section.
and
] the Texas
Rehabilitation Commission,
the Texas School for the Deaf, the Texas School
for the Blind, The Higher Education Coordinating Board, and the Texas Youth
Commission,
may not retire under TRS after the effective date of the
transfer, unless they again become TRS members based on other employment and
subsequently obtain TRS service credit qualifying them for TRS retirement
, except as provided for in Government Code, §805.002(a)
.
Subchapter I. Verification of Service
Subchapter J. Creditable Time and School Year
the amount of service specified
under §25.4 of this title (relating to Employee Substitutes)]
]
or to an employee who enters into an employment contract
or oral or written
work agreement
for a period which would qualify the employee for a year
of service credit under the other provisions of this section but who actually
renders only the amount of service specified in §25.4 of this title[
, provided that the early termination of service is the result of a justifiable
absence as defined in the Teacher Retirement Law
].
Vacation
]
Time.
Vacation
] time
, including vacation,
sick, and administrative leave, used during the normal course of business
and
for which a member is paid shall be considered as service in determining
a creditable year. This ruling does not include summer months between school
terms when no service is rendered even though the member may be paid in 12
monthly payments.
Certification of payment and copies of the employer's
policy must be provided to TRS on request.
and which
] imposes upon the employing school district a legal obligation
to employ and compensate the employee for the entire duration of the agreed
employment period.
Subchapter K. Developmental Leave
Civil Statutes, Title 110B, §33.402(b)
].
Subchapter L. Other Special Service Credit
Subchapter N. Installment Payments
a check
returned for insufficient funds or for a closed account;
]
insufficient funds in an account to pay an automatic bank draft previously
authorized by the member; or
]
Chapter 27.
Termination of Membership and Refunds
he receives the refund of his account
] shall not be entitled to the
refund. If the refund is made [
by error or
] because the retirement
system is not aware of the continued employment, necessary steps will be taken
to secure the redeposit of the withdrawn account. No benefits will be paid
until this withdrawn account is returned to the retirement system.
plus membership
fees
] for the years during which the membership was terminated;
Chapter 29.
Benefits
at
] the death of the retired member. If the
retired member did not receive annuity payments equal to his accumulated contributions
there shall be paid to his beneficiary an amount equal to the retired member's
accumulated contributions less the total amount of retirement benefits paid
to the retired member.
and for
]
,
Option 2,
and Option 5
, if the beneficiary predeceases the retiree, the retiree's
annuity will be increased (pop-up) to the standard service annuity that the
retiree would otherwise be entitled to receive if the retiree had not selected
Option 1 or 2
or 5
but had selected the standard annuity. The standard
annuity shall be adjusted by the early age reduction factor in effect at the
time of retirement if the member retired under the early age service retirement
provisions. The standard annuity shall also be adjusted for any post retirement
increases in retirement benefits authorized by law for the standard annuity
after the date of retirement.
$100
] per month from age 65:
$200
] per month until the youngest child reaches
the age of 18; benefits cease until age 65 and then resume at
$200
[
$100
] per month;
$200
] per month for two or more children and
$200
[
$100
] per month when there is only one;
secretary
] is authorized
to approve disability retirements after they have been approved by a majority
of the medical board.
Subchapter B. Death Before Retirement
the
] member is absent from service at the
time of death and the absence does not meet the description in
§824.403
of the Government Code
[
§29.31 of this title (relating to
Entitlement)
], the beneficiary is eligible to receive only the accumulated
deposits of the member. For this purpose, absence from service begins September
1 following the last
eligible reported membership
service for which
the member received credit for a year of service.
preceding the month
] in which there occurs the event
which terminates the annuity.
secretary
] may extend this period for a reasonable time.
A beneficiary may change his selection of payment only during the period allocated
for making the original selection and before the issuance of any warrant to
him in full or partial payment of death or survivor benefits pursuant to his
selection.
Chapter 31.
Employment After Retirement
that the person's total
substitute employment in Texas public education in the school year has not
exceeded 120 days, that the person does not have other employment in Texas
public education during the month, and that
] the pay for work as a substitute
does not exceed the daily rate of substitute pay established by the employer.
A person receiving a disability retirement annuity may be employed as a substitute
in a month without affecting the annuity for that month subject to the same
conditions as apply to service retirees except that the total substitute employment
and one-half time employment
in the school year may not exceed 90 days.
The exception described in this section is not available to persons who have
elected the exception described in §31.12 of this title (relating to
Employment up to Six Months on as Much as Full Time). The exception described
in this section does not apply for the first month after the person's effective
date of retirement (or the first two months if the person's retirement date
has been set on May 31 under §29.14 of this title (relating to Eligibility
for Retirement at the End of May) or under §29.21 of this title (relating
to Effective Date for Disability Retirement).
high
] schools shall not exceed during any month one-half the normal load
for full-time employment at the same teaching level. (This would usually limit
employment in instruction in colleges and universities to no more than two
three-semester hour courses during any one semester of the long term, two
two-semester hour courses during a nine-week term, or one three-semester hour
course during a six-week term. Employment in instruction in public [
high
] schools would usually be limited to no more than two courses during
any one semester of the long term.) "One-half time" employment for bus drivers
shall in no case exceed 12 days
in any calendar month
. Work by
a bus driver for any part of a day shall count as a full day for purposes
of this section.
secretary
] to classify employment
as "substitute," "not more than one-half time," or "regular employment exceeding
one-half time" within the provisions of this section.
in advance
], of three consecutive months of a school year; and
Chapter 33.
Legal Competence
Probate Code
].
Probate Code
].
Chapter 41.
Health Care Benefits
[
Insurance
]
Retired ] Employees Group Insurance Program.
The initial enrollment period for eligible Teacher
Retirement System retirees of their surviving spouses to elect coverage for
themselves or their dependents under the Texas Public School Retired Employees
Group Insurance Program (TRS-Care), including any increased level of coverage,
shall end on January 31, 1987, if the retiree's effective date of retirement
or date of death occurred before January 1, 1987.
]
(b)
]
such
] enrollment
period for eligible Teacher Retirement System Retirees [
who retire after
December 31, 1986
], or surviving spouses of eligible retirees [
who die after December 31, 1986
], will end:
and
]
Retired
]
Employees Group Insurance Program to the survivor, whichever is later.
(c)
] The enrollment period for
a surviving spouse of a deceased active member, as defined by the Insurance
Code, Article 3.50-4, §2, Subdivision 11, and for a surviving dependent
child, as defined by The Insurance Code, Article 3.50-4, §2, Subdivision
13, will end 31 days after the end of the month in which the eligible member
or retiree died or 31 days following the date of notice of eligibility sent
by the Texas Public School [
Retired
] Employees Group Insurance
Program to the survivor, whichever is later.
(d)
] Notwithstanding the provisions
of subsections (a)
and
(b)[
, and (c)
] of this section:
(e)
] A participant's dependent
coverage, if elected, will continue until the end of the month of the participant's
death.
Group Insurance Advisory Committee
].
(a)
] The [
State
] Board
of Trustees of the Teacher Retirement System of Texas will designate the chairman
[
and vice chairman
] of the
Retirees Advisory Committee
[
Group Insurance Advisory Committee
].
(b)
] A majority of the committee
will constitute a quorum.
(c)
] The executive
director
[
secretary
] of the retirement system will provide a secretary
to the committee to prepare minutes of the committee's meetings. The executive
director
[
secretary
] shall be custodian of the records of
the committee.
(d)
] The executive
director
[
secretary
] may designate the time, dates, and place of
the meetings of the committee.
The committee shall meet at least twice
per year, and at the call of the board.
(e)
]
In the event of an emergency,
a majority of the committee's members may call a meeting by notifying the
executive director in writing at least 10 days before the meeting.
[
A majority of the committee may call an emergency meeting by notifying the
executive secretary in writing of their action.
]
(f)
] The executive
director
[
secretary
] shall file all meeting notices for the committees
as required by the Texas Open Meetings law.
Chapter 43.
Adjudicative Hearings
division head
] shall mail a
written final administrative decision.
board
] after an opportunity for adjudicative
hearing.
Secretary
]
- The executive
director
[
secretary
] of the Teacher
Retirement System of Texas.
When the executive director determines that
a need exists, the executive director at his or her discretion may appoint
a person to accomplish the duties assigned in this chapter to the executive
director.
secretary
] to conduct
a contested case
hearing.
matter other than rulemaking
].
Presiding hearing officer
Proceeding
division head
] with regard to
the following:
A
] party may appeal the final decision of a
chief officer or designee
[
division head
] by filing a petition
for adjudicative hearing with the executive
director
[
secretary
] within 45 days from the date the
chief officer's or designee's
[
division head's
] final administrative decision is mailed.
The petition should conform to the requirements of §43.12 of this title
(relating to Form of Petitions and Other Pleadings.)
secretary
] or hearing officer at 1000 Red River Street, Austin, Texas
78701-2698.
secretary
] will determine whether good cause exists
and whether an extension should be granted. In the case of filings made in
a proceeding after a
SOAH
hearing officer has been assigned the
matter. [
the hearing officer will determine whether good cause exists
and whether an extension should be granted.
]
The
] executive
director
[
secretary
] shall assign the petition a docket number
, provide
all parties notice of the docket number, and appoint a hearing officer or
refer the matter to the State Office of Administrative Hearings which shall
assign an administrative law judge for a hearing in accordance with the law
and SOAH rules.
[
and shall schedule the case for hearing on a
date at least 10 days after the issuance of notice of the hearing date to
all parties. The executive secretary, the board of trustees, or the presiding
hearing officer may reschedule the hearing in the interests of justice or
administrative necessity or for good cause.
]
The initial
notice shall be given not less than 10 days prior to hearing by the hearing
officer.
]
of Executive Secretary ] to Grant Relief.
secretary
] may grant the relief
sought by the petitioner and
seek dismissal of the case
[
dismiss the petition
], provided that the interest of other individual
parties are not adversely affected.
The SOAH hearing officer may dismiss
the case in accordance with SOAH rules.
secretary
] shall be appeal letters, notices, applications, appeals, claims, answers,
exceptions, replies, motions, or briefs. Regardless of any error in the designation
of a pleading, it shall be accorded its true status in the proceeding in which
it is filed.
secretary
], board of trustees, or presiding hearing officer may
require submission of such information before proceeding with the hearing.
(h)
secretary
], board of trustees, or
presiding hearing officer determines that such delay is necessary in order
to prevent injustice or to protect the public interest and welfare.
in the offices of the Teacher
Retirement System of Texas in Austin, unless for good cause the hearing officer
shall designate another place of hearing.
]
secretary's
] or the board's own call, or where
several proceedings are heard on a consolidated record, the
officer
[
examiner
] shall designate who shall open and close and at what
stage intervenors shall be permitted to offer evidence.
the hearing officer or employees
of TRS assigned to
] render a decision
that may become final under
this Chapter
or [
to
] make findings of fact and conclusions
of law in a contested case may not communicate, directly or indirectly, in
connection with any issue of fact or law with any agency, person, party, or
their representatives, except on notice and opportunity for all parties to
participate. [
A TRS employee may communicate ex parte with other employees
of TRS pursuant to the authority provided in, the Administrative Procedure
and Texas Register Act, Section 14(q), employees of TRS assigned to
]
To the extent permitted by law, the executive director, any hearing officer,
and any member of the Board of Trustees who may
render a decision
that may become final under this Chapter
or [
to
] make findings
of fact and conclusions of law in a contested case, may communicate ex parte
with employees of TRS who have not participated in any hearing in the case
for the purpose of utilizing the special skills or knowledge of the agency
and its staff in evaluating the evidence.
secretary
]
may exclude any stenographic reporter for late delivery or poor quality of
work in previous hearing.
examiner
]shall
dismiss the appeal of any person who has filed written notice of the appeal
but who has defaulted by:
secretary
] may permit reinstatement of a dismissed appeal.
secretary
]
within 10 days after the decision is issued. If no such notice of appeal is
timely filed, the decision rendered in the summary judgement proceeding shall
be the final decision of TRS.
Civil Statutes, Article 6252-13a, Section
14)
]. Upon a written request by a party or upon the motion of the executive
director
[
secretary
], board of trustees, or presiding hearing
officer, TRS may issue subpoenas addressed to the sheriff to require that
attendance of witnesses and the production of books, records, papers, or other
objects as may be necessary and proper for the purposes of a hearing.
The final decision in a matter subject to an adjudicative hearing will be
rendered within 120 days of the date the hearing is finally closed, unless
the hearing officer or executive secretary states a shorter period at the
time the hearing is closed or unless another decision date is required by
law.
]
Within 75 days of the completion of the hearing, the
hearing officer shall forward his proposal for decision and the record to
the executive secretary . The hearing officer shall also serve a copy of the
proposal for decision on the parties. The parties shall have 15 days from
the date the proposal was served to file exceptions to or present briefs on
the proposal and 25 days from the date the proposal was served to file replies,
unless the executive secretary modifies the filing deadlines.
]
secretary
]shall then render a decision in each case [
or shall submit the
case to the board of trustees for consideration with a proposal for decision.
]
The executive director may accept or modify the conclusions of
law, findings of fact, and/or proposal for decision under the circumstances
set out in Section 2001.058 of the Government Code or a fiduciary responsibility
as a trustee of the TRS Trust established in the Texas Constitution. If changes
are made, the executive director shall state in writing the specific reason
and legal basis for each change.
A copy of the decision [
or the
proposal for decision
] shall be served on the parties by the executive
director
[
secretary
].
(c)
] Any party adversely affected
by a decision of the executive
director
[
secretary
],
other than the Teacher Retirement System of Texas (TRS), may appeal the decision
to the board of trustees, provided that a written notice of appeal is filed
with the executive
director
[
secretary
] within
20
[
10
] days after the decision of the executive
director
[
secretary
] is
served
[
issued
]. If
no such notice of appeal is timely filed, [
or if the next regularly scheduled
meeting of the board of trustees will occur after the deadline for a final
decision established under this section, and the parties, other than TRS,
are unwilling to waive the deadline for a final decision until that meeting,
] the decision of the executive
director
[
secretary
] shall be the [
final
] decision of TRS. If notice of appeal
is timely filed, the decision of the executive
director
[
secretary
] shall serve as a proposal for decision
for a hearing
before the board.
(d)
] If a decision of the executive
director
[
secretary
] is appealed, the parties may file additional
exceptions or briefs and replies if the executive
director
[
secretary rejected the hearing officer's proposed decision or
] modified
the hearing officer's
proposal
[
statement of reasons for the
proposed decision
] or the proposed findings of fact or conclusions of
law. Additional exceptions or briefs must be filed and served at the same
time as the notice of appeal. [
Replies, if any, must be filed no later
than 20 days after the decision of the executive secretary is issued.
]
The executive
director
[
secretary
] may modify the filing
deadlines.
(e)
] The final decision by the
board of trustees in an appeal [
or in a case originally set before the
board of trustees
] shall be based upon the existing record in the case[
, unless the board of trustees orders the hearing to be reopened
].
The board of trustees may change a finding of fact or conclusion of law made
by the administrative law judge, or may vacate or modify the proposal for
decision, only, if the board determines:
within 20 days after the date the party or his attorney of record is notified
of the final decision. If substantially new or amended evidence is presented
in the motion which, in the judgment of the executive secretary , may cause
the board of trustees to reverse the previous decision, the motion shall be
granted. A grant or denial of the motion shall be issued within 45 days after
the date the final decision is rendered. If action by the board or trustees
is not taken within 45-day period and the period for taking action has not
been extended by the board, the motion for rehearing is overruled by operation
of law 45 days after the date the party or his attorney of record is notified
of the final decision.
]
secretary
] and the hearing officer determine that there are no
statutes or other applicable rules resolving particular procedural questions
then before the agency, the executive
director
[
secretary
] will direct the parties to follow procedures consistent with the purpose
of these sections.
Chapter 47.
Qualified Domestic Relations Orders
secretary
] of TRS or the
executive
director's
[
secretary's
] designee shall review
the order for compliance with requirements imposed by statute or rule. Upon
completion of the review, the executive
director
[
secretary
] or the designee shall notify the member or retiree and each alternate
payee in writing of the determination.
secretary
] or the executive
director's
[
secretary's
] designee shall provide a written
notice of any determination that an order is not a qualified domestic relations
order. The notice shall identify the provisions of the order that do not meet
the requirements of applicable statutes or rules and shall explain how the
provisions do not meet applicable requirements.
secretary
] or the executive
director's
[
secretary's
] designee
that an order is not a qualified domestic relations order may be appealed
directly to a district court of Travis County. No appeal to the board of trustees
of the Teacher Retirement System of Texas is required prior to the appeal
to a district court. However, a party adversely affected by a determination
of the executive
director
[
secretary
] or the designee
must file a motion for reconsideration with the executive
director
[
secretary
] no later than 20 days after the date such determination is
rendered as a prerequisite to an appeal to a district court.
Chapter 49.
Collection of Debts