34 Tex. Admin. Code § 105.3
Optional Credited Service for Active Duty Qualified Military Service
Effective Oct 18, 200732 TexReg 7266Source Note: The provisions of this §105.3 adopted to be effective April 9, 2000, 25 TexReg 3057; amended to be effective January 1, 2006, 30 TexReg 7887; amended to be effective October 18, 2007, 32 TexReg 7266.Texas Secretary of State
(a) In this section:
- (1) The term "credited service" means membership service for determining retirement eligibility only. Member contributions and monetary credits are not required or permitted with respect to credited service for qualified military service established after December 31, 1999.
- (2) The term "eligible member" means a member of an eligible subdivision who has: credited service in the retirement system for at least the minimum period required to receive a service retirement annuity from the subdivision at age 60, who has performed active duty qualified military service; and who has been released from military duty under honorable conditions.
- (3) The term "eligible subdivision" means a subdivision whose governing board has adopted the optional authorization for the establishment of credited service in the retirement system for qualified military service.
- (4) The term "qualified military service" means active duty service in the uniformed services as defined in 38 U.S.C. §4303(13). It excludes that service which was performed in a month for which the member has received credited service in this retirement system under any other provision of the Act, and that service which is credited by another retirement system or program established or governed by state law. A member may not receive more than one month of credited service for any month.
- (b) An eligible member may receive one month of credited service in the retirement system for each month of qualified military service performed while on active duty. Except as required under the USERRA, an eligible member may not accumulate more than a combined total of 60 months of credited service in the retirement system for qualified military service under this section and §105.4.
Source Note:The provisions of this §105.3 adopted to be effective April 9, 2000, 25 TexReg 3057; amended to be effective January 1, 2006, 30 TexReg 7887; amended to be effective October 18, 2007, 32 TexReg 7266.