1. (a) All applications for retirement must be executed on or before the date specified by the member as the effective date of the member's retirement and except as provided in subsection (e) all applications for retirement must be filed on or before the date specified as the effective retirement date.
2. (b) The date specified as the effective date for retirement must be the last day of a calendar month and may not precede the first anniversary of the effective date of participation of the subdivision.

3. (c) A member must have terminated from employment on or before the effective retirement date designated on the application. If the member is applying for:

   1. (1) service retirement, the date specified as the effective date of retirement with respect to a subdivision may not be a date preceding the termination of the member's employment with the subdivision from which the member wishes to retire.
   2. (2) disability retirement, the date specified as the effective date of retirement may not be a date preceding the termination of the member's employment with all participating subdivisions.
4. (d) Although the system will recognize a retirement application filed on or before the effective retirement date designated on the application as having been timely filed with respect to that designated retirement date, this section shall not be construed to require a subdivision to process, by the end of the month, a retirement application submitted to it at any time during the month. A subdivision may establish reasonable administrative rules and procedures, including submission schedules, for the monthly processing of retirement applications for filing with the system.
5. (e) If, on a retirement application, a member specifies an effective retirement date after November 30, 2002, and that application is received by the system after the specified retirement date, the director may, on his own motion or on good cause shown in a petition filed with the system, deem the application to have been filed on the last day of a month ending prior to the date it was received by the system provided all other requirements set forth in this rule have been met. In no event may a deemed filing date be earlier than the effective retirement date specified on the application or the last day of the second calendar month immediately preceding the date the application was received by the system. The effective retirement date with respect to an application that is filed under this subsection is the deemed filing date. A petition filed under this subsection must fully state the facts and circumstances that show that the member has complied with all other filing requirements under this rule and that the failure to timely file the application with the system was not due to the neglect, indifference or lack of diligence of the member, must state the relief requested, and must be certified as true and correct. The system shall adjust benefits and make retroactive payments as appropriate to correctly reflect the retirement annuity that is payable to the member based on the effective retirement date determined under this subsection.

Source Note:The provisions of this §101.6 adopted to be effective July 27, 1976, 1 TexReg 1929; amended to be effective May 1, 1993, 18 TexReg 2415; amended to be effective January 10, 1996, 21 TexReg 134; amended to be effective December 31, 1999, 24 TexReg 9300; amended to be effective July 27, 2003, 28 TexReg 5660; amended to be effective October 18, 2007, 32 TexReg 7264.