TITLE 34.PUBLIC FINANCE

Part 1. COMPTROLLER OF PUBLIC ACCOUNTS

Chapter 1. CENTRAL ADMINISTRATION

The Comptroller of Public Accounts adopts an amendment to §1.14, concerning notice of setting, without changes to the proposed text as published in the November 19, 1999, issue of the Texas Register (24 TexReg 10302).

The amendment conforms the rule to changes to the Tax Code, §§154.114(c), 154.309(d), 155.059(c), and 155.186(d), made by House Bill 3211, §§2.39, 2.42, 2.43, and 2.47, respectively, 76th Legislature, effective October 1, 1999. The amendment clarifies that notices of setting issued pursuant to Tax Code, §§154.114(c), 154.309(d), 155.059(c), and 155.186(d), will be sent by first class mail.

No comments were received regarding adoption of the amendment.

This amendment is adopted 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 amendment implements the Tax Code, §§154.114, 154.309, 155.059, and 155.186.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 14, 2000.

TRD-200000299

Martin Cherry

Special Counsel

Comptroller of Public Accounts

Effective date: February 3, 2000

Proposal publication date: November 19, 1999

For further information, please call: (512) 463-4062

Part 3. TEACHER RETIREMENT SYSTEM OF TEXAS

Chapter 25. MEMBERSHIP CREDIT

Subchapter F. VETERAN'S SERVICE CREDIT

34 TAC §25.75

The Teacher Retirement System of Texas (TRS) adopts an amendment to §25.75 concerning application for eligible active military duty under the Veteran's Reemployment Rights Act. The amendment is being adopted without changes to the proposed text as published in the November 12, 1999, issue of the Texas Register (24 TexReg 9951) and therefore will not be republished.

The amendment is adopted in order to correct a typographical error in the sixth sentence of the section by amending the word "feeds" to read "fees".

No comments on the proposal were received.

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

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2000.

TRD-200000216

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: February 2, 2000

Proposal publication date: November 12, 1999

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

Subchapter L. OTHER SPECIAL SERVICE CREDIT

34 TAC §25.161

The Teacher Retirement System of Texas (TRS) adopts a new §25.161 concerning the purchase of service credit for certain work experience required for certification as a career or technology teacher. The section is adopted without changes to the proposed text as published in the October 22, 1999 issue of the Texas Register (24 TexReg 9252) and will not be republished.

The adopted section will implement Government Code, §823.404, which was passed by the 76th Legislature, 1999, in House Bill 3660. In accordance with the new law, the section sets forth the cost to purchase one or two years of equivalent membership service credit for applicable work experience. The rule adopts actuarial tables, and language describing their operation, for use in calculating the cost of purchasing this type of service credit. In addition, the rule describes the certification needed to establish that the member is entitled to salary step credit under the Education Code, §21.403(b) and makes clear that the five-year permissive service credit purchase restrictions for non-qualified service under Government Code, §823.006 may be applicable.

No comments on the proposal were received.

The new section is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the administration of the funds of the retirement system. It is also adopted under Government Code, Chapter 823, §823.404, which requires the Board of Trustees to adopt the rates and tables recommended by the actuary and Government Code, Chapter 825, §825.506, which authorizes the Board to adopt rules necessary for the retirement system to be a qualified plan.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2000.

TRD-200000217

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: February 4, 2000

Proposal publication date: October 22, 1999

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

34 TAC §25.162

The Teacher Retirement System of Texas (TRS) adopts a new §25.162 concerning the purchase of one year of service credit for accumulated state personal or sick leave. The new section is being adopted without changes to the proposed text as published in the November 12, 1999 issue of the Texas Register (24 TexReg 9952) and will not be republished.

The new section implements Government Code, Chapter 823, §823.403 as amended by the 74th Legislature, 1995. In accordance with the law, the section sets forth the cost to purchase one year of membership service credit for accumulated state personal or sick leave and the eligibility requirements for a member to purchase this credit. As provided by §823.403(a), the new section reflects that the credit purchased may only be used for the purpose of calculating benefits. It sets forth the procedure for establishing the service credit with the System including the employer certification prescribed by TRS. The rule includes actuarial tables, and language describing their operation, for use in calculating the cost of purchasing this type of service credit. In addition, the rule makes it clear that the purchase of such service credit may be subject to certain restrictions such as plan-qualification limits, which would include the five-year permissive service credit purchase restrictions for non-qualified service under Government Code, §823.006.

No comments were received regarding the proposal.

The new rule is adopted under the Government Code, Chapter 825, §825.102, which authorizes the Board of Trustees of the Teacher Retirement System to adopt rules for the eligibility for membership and the administration of the funds of the retirement system. It is also adopted under Government Code §823.403(b), which requires the Board of Trustees to adopt the rules regarding an employer's certification of a member's accumulated personal or sick leave and under §823.403(d) which authorizes the Board of Trustees to adopt rates and tables recommended by the actuary. In addition, Government Code, §825.506 authorizes the Board to adopt rules necessary for the retirement system to be a qualified plan.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 13, 2000.

TRD-200000215

Charles L. Dunlap

Executive Director

Teacher Retirement System of Texas

Effective date: February 4, 2000

Proposal publication date: November 12, 1999

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