1. (a) On a matter over which TRS has jurisdiction and authority to grant relief that does not conflict with the terms of the pension plan, a person may appeal a final administrative decision by filing a petition for adjudicative hearing with the deputy director.

2. (b) A petition for adjudicative hearing must be filed by the later of:

   1. (1) 45 days after the date the final administrative decision is mailed; or
   2. (2) a number of days after the final administrative decision is mailed equal to the number of days it took TRS to issue the final administrative decision.
3. (c) The number of days it took TRS to issue the final administrative decision is calculated from the date TRS received the person's appeal of the department manager's decision to the date TRS mailed the final administrative decision.

4. (d) The original petition for an adjudicative hearing should be styled: "Petition of (Name of Petitioner)" and must be filed with TRS, directed to the attention of the deputy director. The petition must include:

   1. (1) the name, address, telephone number, and email address of petitioner;
   2. (2) the name, address, telephone number, email address, and, if known, the tax number of any member whose interest or whose beneficiary's interest may be involved in the case. In lieu of the tax number, the petition may include other information sufficient to identify the member or beneficiary whose interest may be involved in the case;
   3. (3) the identity of other all persons who may have a material interest in the outcome of the case, the basis for that interest, and such person's last known address, telephone number, and email address; and
   4. (4) a concise statement of the facts supporting the petition and a statement of the specific relief requested from TRS.

Source Note:The provisions of this §43.104 adopted to be effective January 2, 2025, 49 TexReg 10651.