1. (a) For the purpose of this section:

   1. (1) "supplemental program" is the program of retirement benefits for commissioned peace officers and custodial officers established by the Texas Government Code, §814.107;
   2. (2) "regular program" is the retirement program available to members of the employee class generally.

2. (b) An age reduction factor is applied to a supplemental retirement program benefit calculation if the member retires under age 50 as follows:

   1. (1) If the member was hired by the state of Texas prior to September 1, 2009, then upon retirement from the supplemental retirement program effective on or after September 30, 2009, the member will be subject to the age reduction factors adopted by the board on February 24, 2009, based on assumptions adopted by the board on May 13, 2008. For retirements effective prior to September 30, 2009, the previously adopted factors apply. Copies of the factors may be obtained from the executive director of the Employees Retirement System of Texas at P.O. Box 13207; Austin, Texas 78711-3207; or
   2. (2) If a person was hired by the state of Texas on or after September 1, 2009, and he/she was not already a member of the retirement system on the date hired, then any reduction related to age will be made in accordance with §814.1075 of the Texas Government Code.
3. (c) Option factors for annuities, based on a retirement involving the supplemental program, are those applicable to the age of the retiree and nominee at the time payments under each program are to begin.
4. (d) No payment shall be required to establish service credit in the supplemental program unless payment would be required to establish that credit in the regular program.
5. (e) Military service credit shall be creditable in the supplemental program only if, within 90 days of termination of covered employment, the member went into the military without intervening employment and the member resumed covered employment within 90 days of termination of military service.
6. (f) An occupational disability retirement annuity is subject to increase pursuant to the supplemental program as a result of the individual's submission of evidence satisfactory to the retirement system that the person's condition makes the person incapable of gainful occupation and is considered a total disability under the federal social security law.
7. (g) An annuity increase under subsection (f) of this section is not payable before the first month following the month in which the satisfactory evidence under subsection (f) of this section is received by the retirement system.
8. (h) An adjustment under the provisions of subsection (f) of this section shall include any reduction option factor applicable to a survivor benefit.

Source Note:The provisions of this §73.11 adopted to be effective September 21, 1981, 6 TexReg 3427; amended to be effective November 23, 1989, 14 TexReg 5934; amended to be effective January 10, 1991, 16 TexReg 42; amended to be effective December 13, 1991, 16 TexReg 6937; amended to be effective April 20, 1994, 19 TexReg 2550; amended to be effective January 5, 1996, 20 TexReg 11022; amended to be effective January 9, 2000, 24 TexReg 12072; amended to be effective September 13, 2001, 26 TexReg 6953; amended to be effective March 18, 2002, 27 TexReg 2058; amended to be effective June 9, 2009, 34 TexReg 3517; amended to be effective March 15, 2010, 35 TexReg 2201.