34 Tex. Admin. Code § 105.3

Current through Reg. 49, No. 45; November 8, 2024
Section 105.3 - Optional Credited Service for Active Duty Qualified Military Service
(a) In this section:
(1) 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 established credited service in the retirement system for at least the minimum period required to receive a service retirement annuity from the subdivision at age 60, who has performed active duty qualified military service, and who has been released from military duty under honorable conditions.
(3) The term "qualified military service" means active duty 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 TCDRS Act or the Uniformed Services Employment and Reemployments Rights Act of 1994, and that service, credited by another retirement system, that is recognized by this system under the proportionate retirement program. A member may not be credited with more than one month of service for any calendar month.
(b) Subject to the limitations in subsection (a) of this section, 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. An eligible member may not establish more than 60 months of credited service in the retirement system for qualified military service under this section.

34 Tex. Admin. Code § 105.3

The provisions of this §105.3 adopted to be effective April 9, 2000, 25 TexReg 3057; amended to be effective January 1, 2006, 30 TexReg 7887; amended to be effective October 18, 2007, 32 TexReg 7266; amended to be effective April 17, 2008, 33 TexReg 2959; amended to be effective November 26, 2013, 38 TexReg 8448