Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000 Page: 1,256
1219-1442 p. ; 28 cm.View a full description of this periodical.
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The Texas County and District Retirement System proposes the
adoption of new 105.3 concerning the crediting of service in
the retirement system for qualifying service performed in the
military.
The proposed rule is necessary to implement and administer
the statutory changes made by 19 and 64, Senate Bill 1129,
76th Legislature (1999) to the provisions of the Texas County
and District Retirement System Act relating to the optional
authorization allowing credited service in the retirement system
for qualified military service. The proposed rule describes the
eligibility requirements for establishing credited service under
the rule, and the manner of calculating the amount of service
that is to be credited to an eligible member based on the type
of military duty. In addition, the proposed rule describes the
eligibility requirements and effective date of an authorization
reducing the eligibility period from 10 years to 8 years.
Terry Horton, Director of the Texas County and District Retire-
ment System, has determined that for the first five-year period
the rule is in effect there will be no fiscal implications for state
or local governments as a result of administering the rule.
Mr. Horton has also determined that for each year of the first
five years the rule is in effect the public benefit anticipated
as a result of administering the rule will be a more clear and
complete understanding by subdivisions and members of the
manner and procedure by which credited service for qualified
military service is calculated and granted. There will be no costs
to small business. There are no anticipated costs to persons
who are required to comply with the rule as proposed.
Comments on the proposed rule may be submitted to Terry
Horton, Director, Texas County and District Retirement System,
at P.O. Box 2034, Austin, TX 78768-2034.
The rule is proposed under the Government Code, 845.102,
which provides the board of trustees of the Texas County and
District Retirement System with the authority to adopt rules
necessary or desirable for efficient administration of the system.
The Government Code, 843.601 is affected by this proposed
rule.
105.3. Credited Service for Qualified Military Service.
(a) In this section:
(1) The term "Act" means the Texas Government Code,
Title 8, Subtitle F as amended. Unless otherwise indicated, all section
numbers refer to sections of the Act. The term "credited service"
means membership service for determining retirement eligibility only.
Member contributions and monetary credits are not required or
permitted with respect to credited service for qualified military service
established after December 31, 1999.
(2) The term "eligible member" means a member of an
eligible subdivision who has performed, as an employee, at least 10
years of service credited in the retirement system; who does not
receive and is not eligible to receive federal retirement payments
based on 20 years or more of active federal military duty or its
equivalent; who has performed qualified military service; and who
has been released from military duty under honorable conditions.
(3) The term "eligible subdivision" means a subdivision
whose governing board has adopted the optional authorization for the
establishment of credited service in the retirement system for qualified
military service under 843.601(c).(4) The term "qualified military service" means service in
the uniformed services as defined in 38 U.S.C. 4303(13). It excludes
that service which was performed in a month for which the member
has received credited service in this retirement system under any other
provision of the Act, and that service which is credited by another
retirement system or program established or governed by state law.
A member may not receive more than one month of credited service
for any month.
(b) An eligible member may receive one month of credited
service in the retirement system for each month of qualified military
service performed while on active duty. A member may receive
one month of credited service in the retirement system for each 12
months or fraction of months of qualified military service performed
while on inactive duty. An eligible member may not accumulate
more than a combined total of 60 months of credited service in the
retirement system for qualified military service under 843.601 and
for membership credited service under 842.109(b).
(c) The governing body of an eligible subdivision that has
adopted the Optional Benefit Eligibility Plan Two described by
844.210 may authorize a reduction in the minimum credited service
requirement for eligibility to establish credit under 843.601(c) from
10 to 8 years. The reduction may not take effect until January 1 of
the year following the year in which the authorization was adopted
except that a reduction authorized by an eligible subdivision that
begins participation after December 31, 1999 may take effect on the
date the subdivision begins participation.
This agency hereby certifies that the proposal has been re-
viewed 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 February 7,
2000.
TRD-200000930
Terry Horton
Director
Texas County and District Retirement System
Proposed date of adoption: March 20, 2000
For further information, please call: (512) 328-8889
Chapter 107. MISCELLANEOUS RULES
34 TAC 107.8, 107.9
The Texas County and District Retirement System proposes
amendments to 107.8 relating to the electronic transfer of
funds, and 107.9 relating to the electronic filing of documents.
The amendment to 107.8 clarifies that a reversal of an
ACH Debit by a subdivision constitutes non-payment of the
required contributions with respect to the monthly report. The
amendment to 107.9 expands the definition of documents
that can be electronically filed. In addition, the amendment
clarifies that documents filed electronically by a subdivision will
be considered to have been certified by the subdivision, and
that documents electronically filed by a principal other than a
subdivision will be considered to have been certified by the
principal if certifying language appears on the document.
Terry Horton, Director of the Texas County and District Retire-
ment System, has determined that for the first five-year period
the amended rules are in effect there will be no fiscal implica-
tions for state or local governments as a result of administering
the rules.25 TexReg 1256 February 18, 2000 Texas Register
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Texas. Secretary of State. Texas Register, Volume 25, Number 7, Pages 1219-1442, February 18, 2000, periodical, February 11, 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113915/m1/39/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.