1. (a) To be considered hired by the state of Texas on or before August 31, 2009, an employee holding a position included in the employee class of membership:

   1. (1) must be a member of the retirement system on or before August 31, 2009, and thereafter; or
   2. (2) must have been continuously employed by the state of Texas since on or before August 31, 2009, and deposited with the Employees Retirement System of Texas at least one contribution immediately upon completion of the membership waiting period provided by Texas Government Code, §812.003(d) before being terminated for any reason from state employment.
2. (b) If the employee terminates state employment without having made a contribution to ERS to establish membership as provided by this section, and subsequently attains employment in the employee class of membership, that employee will not be considered to have been hired on or before August 31, 2009, for determination of eligibility for retirement benefits.

3. (c) To be considered hired by the state of Texas on or after September 1, 2009, an employee holding a position included in the employee class of membership:

   1. (1) must be hired by the state of Texas on or after September 1, 2009, and not meet the requirements in subsection (a) of this section; or
   2. (2) meets the requirements in subsection (b) of this section.

4. (d) To be considered hired by the state of Texas on or before August 31, 2013, an employee holding a position included in the employee class of membership:

   1. (1) must be a member of the retirement system on or before August 31, 2013, and thereafter; or
   2. (2) must have been continuously employed by the state of Texas since on or before August 31, 2013, and deposited with the Employees Retirement System of Texas at least one contribution immediately upon completion of the membership waiting period provided by Texas Government Code, §812.003(d) before being terminated for any reason from state employment.
5. (e) If the employee terminates state employment without having made a contribution to ERS to establish membership as provided by this section, and subsequently attains employment in the employee class of membership, that employee will not be considered to have been hired on or before August 31, 2013, for determination of eligibility for retirement benefits.

6. (f) To be considered hired by the state of Texas on or after September 1, 2013, an employee holding a position included in the employee class of membership:

   1. (1) must be hired by the state of Texas on or after September 1, 2013, and not meet the requirements in subsection (d) of this section; or
   2. (2) meets the requirements in subsection (e) of this section.

Source Note:The provisions of this §73.2 adopted to be effective March 15, 2010, 35 TexReg 2201; amended to be effective June 14, 2010, 35 TexReg 5041; amended to be effective June 10, 2014, 39 TexReg 4486.