34 Tex. Admin. Code § 107.9 - Electronic Filing of Documents
(a) In
this section:
(1) The term "document" means
any form, statement, affidavit, application or report (and related attachments)
required to be completed by or on behalf of a principal and filed with the
system.
(2) The term
"electronically filed" means the filing of data transmitted to the retirement
system by the communication of information by facsimile or in the form of
digital electronic signals transformed by computer and stored in any
medium.
(3) The term "principal"
means the member, beneficiary, annuitant, or subdivision on whose behalf the
document is electronically filed.
(b) All documents required to be filed with
the system by or on behalf of a principal in accordance with these rules or the
provisions of Subtitle F of Title 8 of the Texas Government Code may be
electronically filed. A document requiring certification by a subdivision that
is filed with the system shall be considered to have been certified by the
subdivision. A document that has been properly completed by a principal (other
than a subdivision) or authorized agent of the principal and that is
electronically filed with the system shall be considered to have been certified
by the principal if certifying language appears on the document.
(c) The retirement system, in its sole and
exclusive discretion, may:
(1) accept an
electronically transmitted document for filing, in which case the system will
not provide notice of acceptance;
(2) conditionally accept an electronically
transmitted document for filing provided that the original is received by the
system within a time certain as indicated in a notice sent to the principal;
or,
(3) decline to accept an
electronically transmitted document for filing, in which case the system shall
send notice to the principal that the electronically transmitted document has
not been accepted.
(d)
An electronically transmitted document is not received in the system offices
until the earlier of the time its receipt is recorded by the system's computer
or the time the electronically transmitted document is printed from the
system's fax machine. An electronically transmitted document accepted for
filing is considered to be filed at the time it is received. A filing deadline
that falls on a Saturday, Sunday or legal holiday will be extended to the next
following business day. For purposes of meeting a filing deadline, an
electronically transmitted document must be received by the system before
midnight of the filing deadline.
(e) It is solely the responsibility of the
principal to ensure that the system has received an electronically transmitted
document.
Notes
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