1. (a) An eligible member may establish equivalent membership service credit authorized by §813.513, Texas Government Code, as provided in this section. The provisions of §71.14 of this title (relating to Payments To Establish or Reestablish Service Credit) do not apply to credit established under this section.

2. (b) A member is eligible to establish credit under this section in the membership class in which the member holds a position if the member:

   1. (1) has 120 months of service credit for one or more periods of time during which the member held a position in a membership class and the required contributions were made;
   2. (2) is actively contributing to the system at the time credit is established; and
   3. (3) is not eligible to establish other credit or service.

3. (c) An eligible member shall deposit with the system in a lump sum a contribution in the amount determined by the system to be the actuarial present value of the benefit attributable to the credit established under this section. The tables recommended by the actuaries and adopted by the board shall be used by the system to determine the actuarial present value. The additional service credit tables are adopted by reference and made a part of this rule for all purposes. The additional service credit tables apply to service purchase calculations performed on or after September 1, 2009, and are those tables adopted by the board on February 24, 2009, based on assumptions adopted by the board on May 13, 2008. For service purchase calculations performed prior to September 1, 2009, the previously adopted tables apply. Copies of these tables are available from the System's executive director, Employees Retirement System of Texas at 18th and Brazos Streets, P.O. Box 13207, Austin, Texas 78711-3207. The actuarial present value shall be based on:

   1. (1) the member's age on the date of the deposit required by this subsection;
   2. (2) the earliest date on which the member will become eligible to retire and receive a service retirement annuity after establishing credit under this section; and
   3. (3) the future employment, compensation, investment and retirement benefit assumptions recommended by the actuaries and adopted by the board.
4. (d) Credit shall be established in increments of 12 months of credit, except that a member who may become eligible to retire by establishing fewer than 12 months of credit may establish the minimum number of months of credit necessary for the member to become eligible to retire.
5. (e) A member who establishes credit under this section shall certify that the member is not eligible to establish other credit or service and shall waive any and all right to establish such credit or service that the member had on the date of the deposit required by subsection (c) of this section. This subsection does not apply to service credit transferred as authorized by Chapter 805, Texas Government Code.
6. (f) Credit established under this section may not be used to compute the amount of a disability retirement annuity, or to determine average monthly compensation for the purpose of computing a service retirement annuity.
7. (g) A member who withdraws contributions and cancels credit established under this section may not reestablish such credit under §813.102, Texas Government Code, but may again establish credit as provided in this section.
8. (h) The provisions of §813.503, Texas Government Code, do not apply to credit established under this section.

Source Note:The provisions of this §71.29 adopted to be effective January 8, 2002, 27 TexReg 273; amended to be effective June 9, 2009, 34 TexReg 3517.