EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 34. PUBLIC FINANCE PART III. Teacher Retirement System of Texas CHAPTER 29.Benefits Deferred Retirement Option Plan 34 TAC sec.29.61 The Teacher Retirement system adopts on an emergency basis a new sec.29.61 concerning administration of the new Deferred Retirement Option Plan (DROP) passed by the 75th Legislature, 1997. This new section provides the method and period of distribution for the DROP. The member or a beneficiary may select the method and period of distribution. The original proposal as published in the July 22, 1997, issue of the Texas Register (22 TexReg 6847) is withdrawn in this issue of the Texas Register. The new section is simultaneously being proposed for adoption in this issue. The section is adopted on an emergency basis to comply with the law that goes into effect September 1, 1997. Substantive changes needed to be made to the original proposal and the changes need to be in place by September 1, 1997 in order to properly administer the new law passed by the Legislature. The justification for the emergency rule is so that TRS will have clear guidance on how to administer the DROP distribution. The emergency action is proposed under the Government Code, Chapter 825, sec.825.102, which provides the Board of Trustees of the Teacher Retirement System with the authority to adopt rules for the administration of the funds of the retirement system. In addition House Bill. 2644 passed by the 75th Legislature, 1997, provided authority in the Government Code, sec.824.804 for the Board of Trustees to determine the number and frequency of installment payments under the Deferred Retirement Option Plan. sec.29.61.Distribution. (a) When a member who has participated in the Deferred Retirement Option Plan (DROP) retires, the system shall distribute the accumulated amount in the member's account in one of the following manners: (1) in a lump sum; (2) in yearly or monthly increments over a 5 year period; (3) in yearly or monthly increments over a 10 year period; (4) a roll-over to a qualified plan. (b) Interest shall be credited to the account until final distribution is made. The initial distribution shall be made at the same time as the first annuity payment. Yearly distributions, after the initial yearly distribution, shall be due on the first of the month that follows the anniversary date of the month following retirement. (c) Once distribution is begun in one form, the member may not switch forms of distribution, except as provided below. The election as to the form of distribution is made at the time of retirement or death of the member. (d) A DROP participant may make a one time switch in payment options from a 5 or 10 year distribution (either monthly or yearly) to a lump sum amount representing the remaining deferred distributions. (e) In the event of the death of a member participating in the DROP, the beneficiary may select to receive any amounts due in a lump sum or to rollover any amounts that qualify for a rollover. Issued in Austin, Texas, on August 28, 1997. TRD-9711874 Charles Dunlap Executive Director Teacher Retirement System of Texas Effective date: September 1, 1997 Expiration date: December 30, 1997 For further information, please call: (512) 370-0592 TITLE 40. SOCIAL SERVICES AND ASSISTANCE PART II. Texas Rehabilitation Commission CHAPTER 109.Development Disabilities Program 40 TAC sec.109.7 The Texas Rehabilitation Commission adopts on an emergency basis new sec.109.7, concerning the developmental disabilities program. The section is being adopted to add a new rule to Chapter 109, regarding the Traumatic Brain Injury Advisory Board. The section is being adopted on an emergency in accordance with federal law (federal mandate). For further information contact Rodger Webb, Texas Rehabilitation Commission, 4900 North Lamar Boulevard, Austin, Texas 78751. The new section is adopted on an emergency basis under the Texas Human Resources Code, Title 7, Chapter 111, sec.111.018, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code. sec.109.7.Traumatic Brain Injury Advisory Board. (a) Legal basis. The Traumatic Brain Injury Advisory Board is created pursuant to the Traumatic Brain Injury Act of 1996, Public Law 104-166, 41 United States Code, sec.300d-52, and Texas House Bill 1, 75th Legislature, Regular Session (1997). Federal law requires that the state establish an Advisory Board in order to receive grants to carry out demonstration projects to improve access to health and other services regarding traumatic brain injury. (b) Purpose. The Traumatic Brain Injury Advisory Board is established at the request of the governor jointly by the Texas Planning Council for Developmental Disabilities and the Texas Rehabilitation Commission. The board shall advise and make recommendations to the state on ways to improve services coordination regarding traumatic brain injury. (c) Tasks. The Advisory Board shall assess the service and support needs of individuals with traumatic brain injuries and their families, analyze the existing public and private resources available to address those needs, and develop recommendations to the state for a comprehensive system of services and supports for individuals with traumatic brain injuries. The Advisory Board shall encourage citizen participation in its activities though various outreach activities, and shall consult with federal, state, and local government entities and with citizen groups and other private entities in developing its recommendations. (d) Reports. The Traumatic Brain Injury Advisory Board shall make reports as necessary to publicize its recommendations and otherwise as required by law. (e) Funding. The board is funded with federal and state funds, and with other funds donated by private and public sources. Issued in Austin, Texas, on September 2, 1997. TRD-9711601 Charles W. Schiesser Chief of Staff Texas Rehabilitation Commission Effective date: September 3, 1997 Expiration date: January 2, 1998 For further information, please call: (512) 424-4003