- (a) In this section "report" means the combination of all information and contributions required to be provided to and deposited with the system for each month of participation, in accordance with Subchapter E, Chapter 845, Government Code.
- (b) A due date of a monthly report that is a Saturday, Sunday, or legal holiday is extended to the first day that is not a Saturday, Sunday, or legal holiday, but the dates provided by §845.407(c) for eligibility for an exemption from a penalty assessment are not extended if they fall on a Saturday, Sunday, or legal holiday. The penalty for a past-due report consists of an administrative fee in the amount provided by §845.407(a), Government Code, plus interest on the past-due amounts for each day past due computed at an annual rate provided by that subsection.
- (c) If a report is past due, the system shall mail an advice to the governing board and correspondent of the subdivision stating the due date of the report, that the report was not received by the due date, that unless the subdivision submits proof satisfactory to the system that the report was sent in compliance with §845.407(c), Government Code, the subdivision is subject to a penalty for late reporting in accordance with §845.407(a), Government Code, and that the amount of the penalty will be computed and assessed on receipt of the report.
- (d) After the system receives the past-due report, a notice shall be mailed to the governing board and correspondent of the subdivision stating that a penalty has been assessed for late reporting in accordance with §845.407, Government Code, and indicating the date the report was received by the system, the number of days the report was past due, the amount of contributions on which interest was charged, the accumulated interest and the administrative fee. The notice shall inform the governing board and correspondent that if the penalty is not paid within the period provided by §845.407(a), Government Code, the penalty shall be deducted from the subdivision's account in the Subdivision Accumulation Fund and credited to other funds of the system in accordance with that subsection.
- (e) The amount of the penalty stated in the notice described by Subsection (d) of this section becomes fixed and final on the tenth business day following the date of the notice and may not be modified thereafter for any reason.
(f) For purposes of §805.407, Government Code, approved same-day or overnight delivery services are:
- (1) Airborne Express;
- (2) DHL Worldwide Express;
- (3) Emery Worldwide;
- (4) Federal Express;
- (5) Lone Star Overnight; and
- (6) United Parcel Service.
Source Note:The provisions of this §107.6 adopted to be effective December 31, 1999, 24 TexReg 9302; amended to be effective October 1, 2001, 26 TexReg 7576.