Part 5.
TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM
Chapter 105.
CREDITABLE SERVICE
34 TAC §105.3
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 Retirement 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 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 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