1. (a) For an individual who begins employment on or after September 1, 2003, with an entity eligible to receive and to hold in trust supplemental compensation under Insurance Code Article 3.50-8 or Insurance Code Chapter 1580 ("entity" or "entities") and that individual is not a member of TRS as of the date of employment, eligibility for supplemental compensation begins on the first calendar day after the end of a 90 calendar day waiting period.
2. (b) For purposes of this section, an individual who is not considered to be a TRS member includes an individual who previously terminated membership in the retirement system through withdrawal of contributions and did not resume membership prior to a date of employment that is on or after September 1, 2003.
3. (c) In determining the date of eligibility for supplemental compensation for an individual who is subject to the waiting period, an entity shall follow the process set out in §25.34(c) of this title (Relating to Administration of Membership Waiting Period).
4. (d) For the purpose of administering this section, the date of employment means the date on which an employee begins to perform service for an entity and the service is of a type that would otherwise qualify the individual for membership in the TRS pension plan, as provided under Chapter 25, Subchapter A, of this title, if the individual were not subject to the waiting period described in this section.
5. (e) On the 91st calendar day of employment, an individual who is otherwise qualified to receive supplemental compensation is eligible to receive the full monthly supplemental compensation distribution, starting with the first day of the calendar month in which the 91st day falls.
6. (f) An entity shall correct any report on which the entity has erroneously included an individual who was not eligible for supplemental compensation or has failed to report an individual who was eligible for supplemental compensation as required by §41.42(g) of this title (Relating to Payment of Supplemental Compensation). The entity may be subject to a change in funding as set out in §41.42(g) of this title (Relating to Supplemental Compensation).
7. (g) Upon request by TRS, an entity or an individual subject to this section shall provide copies of, or otherwise make available any information that TRS determines us necessary to administer this section.

Source Note:The provisions of this §41.53 adopted to be effective February 29, 2004, 29 TexReg 1671.