1. (a) For an individual who begins employment or office holding on or after September 1, 2003, membership in the employee class begins on the 91st 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 member and is subject to the 90-day waiting period includes:

   1. (1) an individual with a break in employment or office holding for at least one full calendar month during which a contribution was not made; or
   2. (2) an individual who has withdrawn contributions for previous service credited in the employee class.

3. (c) In determining the date of eligibility for membership in the employee class for an employee who is subject to the waiting period, the following provisions apply:

   1. (1) the system shall count the date of employment as the first day of the 90-day waiting period;
   2. (2) the date of employment means the date on which an individual begins to perform service or hold office.
4. (d) Contributions for membership service in the employee class begin on the first day of the calendar month following completion of the 90-day waiting period.
5. (e) Service credit for service performed during the 90-day waiting period described by this section may be established at the actuarial present value as provided in §71.31 of this chapter and Tex. Gov't Code §813.514.
6. (f) Waiting periods prior to September 1, 1973 are considered membership service not previously established and may be established as provided in §71.14.

Source Note:The provisions of this §71.2 adopted to be effective December 31, 2003, 28 TexReg 11610; amended to be effective January 10, 2006, 31 TexReg 168.