34 Tex. Admin. Code § 25.1 - Full-Time Service
(a) Employment of a
person by a single TRS covered employer for one-half or more of the standard
full-time work load at a rate comparable to the rate of compensation for other
persons employed in similar positions is regular, full-time service eligible
for membership.
(b) Any employee of
a public state-supported educational institution in Texas shall be considered
to meet the requirements of subsection (a) of this section if his or her
customary employment with a single employer is for 20 hours or more for each
week and for four and one-half months or more.
(c) Membership eligibility for positions
requiring a varied work schedule is based on the average of the number of hours
worked per week in a calendar month and the average number of hours worked must
equal or exceed one-half of the hours required for a similar full-time
position.
(d) For purposes of
subsection (a) of this section, full-time service is employment that is usually
40 clock hours per week. If the TRS-covered employer has established a lesser
requirement for full-time employment for specified positions that is not
substantially less than 40 hours per week, full-time service includes
employment in those positions. In no event may full-time employment require
less than 30 hours per week.
(e)
Beginning on the first day of the 2011-2012 school year and thereafter:
(1) Except as provided in subsection (j) of
this section regarding adjunct faculty, if there is no equivalent full-time
position of a given position, the minimum number of hours required per week
that will qualify the position for TRS membership is 15.
(2) The requirement in this subsection
applies to all positions, including bus drivers.
(f) For school years prior to the 2011-2012
school year:
(1) If there is no equivalent
full-time position of a given non-certified position, the minimum number of
hours required per week that will qualify the position for TRS membership is
15.
(2) If there is no equivalent
full-time position of a given certified position, the minimum number of hours
required per week that will qualify the position for TRS membership is
20.
(3) Persons regularly employed
as bus drivers for routes approved by the Transportation Department of the
Texas Education Agency are eligible for membership. A person will be considered
regularly employed as a bus driver if his or her customary employment requires
driving at least one such route per day.
(g) For purposes of subsection (a) of this
section, regular employment is employment that is expected to continue for four
and one-half months or more. Employment with an institution of higher education
(including community and junior colleges) is regular employment if it is
expected to continue for more than one full semester or continues for more than
one full semester in the same school year. Employment that is expected to
continue for less than four and one-half months or for no more than one full
semester in a school year is temporary employment and is not eligible for
membership.
(h) For purposes of
subsection (a) of this section, a rate of compensation is comparable to other
persons employed in similar positions if the rate of compensation is within the
range of pay established by the Board of Trustees for other similarly situated
employees or is the customary rate of pay for persons employed by that employer
in similar positions.
(i) For
purposes of this section, employment in institutions of higher education
(including community and junior colleges) as an instructor of classes taken by
students for college credit or classes that are taken to prepare students for
college level work, that are measured or expressed in terms of the number of
courses; semester or course hours/credits; instructional units; or other units
of time representing class or instructional time must be converted to clock
hours and counted as a minimum of two clock hours for each clock hour of
instruction or time in the classroom or lab in order to reflect instructional
time as well as preparation, grading, and other time typically associated with
one hour of instruction. If the employer has established a greater amount of
preparation time for each hour in the classroom or lab, the employer's standard
will be used to determine the number of clock hours scheduled for work.
Employment as an instructor of an on-line class taken by students for college
credit that is measured or expressed in terms of the number of courses;
semester or course hours/credits; instructional units; or other units of time
representing class or instructional time must be counted as a minimum of two
clock hours for each course hour or semester hour. Employment as an instructor
of continuing education, adult education, and/or classes offered to employers
or businesses for employee training, that is not measured or expressed in terms
of the number of courses; semester or course hours/credits; or instructional
units or other units of time rather than clock hours and for which the
students/participants do not receive college credit must be considered for
membership based on the number of clock hours worked.
(j) Beginning on the first day of the
2013-2014 school year, the minimum number of hours required per week that will
qualify an adjunct faculty position for TRS membership is 20. Effective with
the beginning of the 2015-2016 school year, the minimum number of hours per
week that will qualify an adjunct faculty position as eligible for membership
in TRS must be served with a single employer or must meet the requirements of
§
25.6 of this title (relating to
Part-time or Temporary Employment). For purposes of this section, an adjunct
faculty position is an instructor position that is filled on a
semester-by-semester basis, compensated on a per class basis, and the duties
include only those directly related to instruction of students in a class taken
by students for college credit or taken to prepare students for college level
work. If a person combines work as an adjunct faculty instructor and any other
type of employment, the minimum number of hours worked per week that will
qualify the person for membership is 20.
(k) A person employed by an open enrollment
charter school authorized under Subchapter D, Chapter 12, Education Code, or
the open enrollment charter holder is eligible for membership in TRS if the
person is performing services on behalf of the Texas open enrollment charter
school and the employment otherwise meets the requirements of this section. A
person employed by a management company or other entity retained by the charter
school or charter holder to provide management or other services on behalf of
the open enrollment charter school is not eligible for membership in
TRS.
(l) A person employed by a
Texas public school district and performing services on behalf of a campus or
program charter school authorized under Subchapter C, Chapter 12, Education
Code, is eligible for membership in TRS if the employment otherwise meets the
requirements of this section. An employee of an open enrollment charter holder
that is contracted to provide services to a campus or program charter school is
eligible for membership in TRS if the person is performing services on behalf
of the campus or program charter school and the employment otherwise meets the
requirements of this section. An employee of a management company or other
entity retained to provide management or other services on behalf of the campus
or program charter school is not eligible for membership in TRS.
(m) Beginning on September 1, 2015, if an
employee is employed in two or more part-time positions with a single employer,
the minimum number of hours the employee must work in all positions in order to
establish eligibility for membership in TRS must equal or exceed one-half of
the hours required for the full-time equivalent position requiring the greater
number of hours per week.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.