1. (a) Beginning on the first day of the 2011-2012 school year and thereafter:

   1. (1) Except as provided in paragraph (3) of this subsection, a member must work in a TRS eligible position or receive paid leave from a TRS eligible position at least 90 days during the school year to receive a year of service credit.
   2. (2) A substitute as defined in §25.4 of this title (relating to Substitutes) will be qualified for membership and granted a full year of service credit by working 90 or more days as a substitute in a school year and verifying the work as provided in §25.121 of this title (relating to Employer Verification) and paying deposits and fees for the work as provided in §25.43 of this title (relating to Fee on Deposits for Unreported Service or Compensation).
   3. (3) In the last school year of service before retirement, a member serving in an eligible position who worked or received paid leave for less than 90 days in the school year but worked or received paid leave for a full fall semester in accordance with the employer's calendar will receive a year of service credit. If the employer's calendar does not provide for semesters, a member must work in an eligible position or receive paid leave from an eligible position for at least ninety days in order to receive a year of service credit for the school year before retirement.
   4. (4) Days that the employer is scheduled to be closed for business are not included in the 90 days of work required to receive a year of service credit unless the day(s) are paid holidays by the employer or the employee was charged with paid leave during the closing. Holidays that are not included in the required number of work days for an employee are not counted as paid holidays or days of paid leave.

2. (b) For school years prior to the 2011-2012 school year:

   1. (1) Except as provided in paragraph (2), (3), or (4) of this subsection, a member must serve at least 4 1/2 months in an eligible position during the school year to receive credit for a year of service.
   2. (2) A member who served less than four and one-half months in a school year but served a full semester of more than four calendar months will receive credit for a year of service.
   3. (3) A substitute as defined in §25.4 of this title will be qualified for membership and granted a full year of service credit by rendering 90 or more days of service as a substitute in a school year and verifying the service as provided in §25.121 of this title and paying deposits and fees for the service as provided in §25.43 of this title.
   4. (4) An employee who enters into an employment contract or oral or written work agreement for a period which would qualify the employee for a year of service credit under the other provisions of this section but who actually renders only the amount of service specified in §25.4 of this title will receive credit for a year of service credit.

Source Note:The provisions of this §25.131 adopted to be effective January 1, 1976; amended to be effective June 15, 1999, 24 TexReg 4459; amended to be effective March 12, 2003, 28 TexReg 2099; amended to be effective March 8, 2007, 32 TexReg 1079; amended to be effective April 1, 2011, 36 TexReg 1835.