1. (a) These rules govern the procedures of TCDRS and the administration of such other matters as are set forth under this Part 5 of Title 34, Administrative Code. They shall not be construed so as to enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of TCDRS or the substantive rights of any person.
2. (b) Subject to the limitation described in subsection (a) of this section, the Director is authorized to suspend, modify or grant an exception to the operation of a rule under this title in individual cases as equity and fairness require to avoid undue hardship, where to do so will not prejudice TCDRS or cause delay or inconvenience in its management or administration, or cause harm or injury to another party, or cause an impermissible suspension, modification, or exception to a mandatory qualification requirement under Section 401(a) of the Internal Revenue Code, and is not contrary to applicable statutes.
3. (c) The decision to suspend, modify or grant an exception to the operation of a rule in an individual case is within the sole and exclusive discretion of the Director. A determination by the Director to grant or deny relief is final and not appealable by any person. A determination by the Director to grant relief to any person does not create a right or privilege in any other person to an exception, suspension or modification to a rule, or excuse a failure to comply with a rule in all of its particulars.

Source Note:The provisions of this §101.2 adopted to be effective January 8, 2026, 51 TexReg 156.