34 Tex. Admin. Code § 25.172 - ORP and TRS
(a) Except as
provided in subsection (c) of this section, a person who has elected ORP
participation must become a member of TRS if the person later becomes an
employee of any Texas public educational institution other than in a
ORP-eligible position with an institution of higher education. The following
persons are generally required to become TRS members under this subsection:
(1) ORP participants who become employed in a
public school in a position eligible for TRS membership; and
(2) ORP participants with less than one
year's participation in ORP who become employed in a TRS-eligible position in
an institution of higher education that is not
ORP-eligible.
(b) A
person who has elected ORP participation but who is later required to become a
member of TRS under subsection (a) of this section is ineligible for further
active ORP participation even if that person again becomes employed in an
ORP-eligible position with a Texas public institution of higher
education.
(c) Subsection (a) of
this section does not apply when:
(1) an ORP
participant is simultaneously employed both in an ORP-eligible position with a
Texas public institution of higher education and in a position in a Texas
public educational institution otherwise eligible only for TRS
membership;
(2) a person, after a
valid ORP election, becomes employed in an institution of higher education in a
position that is not ORP-eligible if the person:
(A) participated in ORP for one year in an
ORP-eligible position with a Texas public institution of higher education;
and
(B) had no intervening
employment that required TRS membership; or
(3) a person, after a valid ORP election,
becomes employed in a state agency that is not a TRS-covered employer and later
becomes employed in an institution of higher education.
(d) A person, including a person described in
subsection (c) of this section, will not be eligible for TRS membership or
credit for any employment that occurred while the person was an ORP
participant, even if the person later returns to TRS membership as required by
subsection (a) of this section. A person described in subsection (c)(1) of this
section is not eligible for state ORP retirement contributions for simultaneous
employment in institutions covered by TRS that are not institutions of higher
education.
(e) A person who elects
ORP participation chooses ORP in lieu of TRS membership and benefits. Upon
election of ORP, a member of TRS loses all benefit rights in TRS other than a
right to the return of annual contributions, even if the member has five or
more years of creditable service under TRS. However, a member who returns to
TRS membership under the provisions of law is entitled to any TRS benefits
which may accrue thereafter in addition to any ORP benefits to which he may
have become entitled. ORP participants returning to TRS membership may
establish service credit, under applicable rules governing reinstatement of
accounts, for all years of service in public educational institutions except
for those years when the person participated in ORP.
(f) A person who fails to elect ORP
participation during the statutory election eligibility period may not
subsequently elect participation.
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.