Any person retiring on or after December 31, 2006, whose average updated service compensation would be computed as described in §853.402(g), Government Code, would be based on less than 36 months of contributions and would be more than 120 percent of the person's average updated service compensation if it had been computed as described in §853.402(b), Government Code shall be conclusively deemed to receive a benefit that is unconstitutional and shall not receive a retirement benefit based on that average. The person may elect to instead receive a benefit in which the updated service credit is computed using an average updated service compensation that is no more than 120 percent of the person's average updated service compensation computed as described in §853.402(b), Government Code.

Source Note:The provisions of this §123.6 adopted to be effective December 26, 2006, 31 TexReg 10348.