34 Tex. Admin. Code § 25.61 - Service Credit for Eligible Military Duty
(a) A member with five years of credit for
service in the public schools of Texas may receive additional retirement credit
for active military duty.
(b)
Credit for military duty under this section is limited to a maximum of five
years. Eligible military duty will be evaluated for crediting only in the
school year in which it was rendered. In order to obtain military service
credit for that year, a member must have served an equivalent amount of
military duty to the amount of service required for a member to receive a year
of service credit in that school year. No credit may be given for any school
year of military duty which duplicates any other credit already granted or in
which a year of creditable service is available for service in the public
schools of Texas. If a member establishes military service credit but TRS
determines that credit already has been given for the military service in
another Texas public retirement system, TRS shall refund the amount paid for
the military credit duplicated in TRS, less fees that are not refundable, and
shall cancel the TRS credit and, if applicable, adjust the calculation of
benefits. In accordance with §
25.113(m)(3) of
this title (relating to Transfer of Credit Between TRS and ERS), a person
retiring from the Employees Retirement System of Texas (ERS) under Government
Code, Chapter 805, and returning to work in a TRS-eligible position may not
establish more than a total of five years of military service credit, including
any military service established before retirement under either TRS or
ERS.
(c) To obtain each school year
of military credit, the member must make a deposit based upon the full annual
compensation rate for the last school year of membership service preceding the
school year of military duty, if the member was a member while the duty was
being rendered, or upon the full annual compensation rate for the first school
year of membership service occurring after the duty. Membership service does
not include service as a substitute. The deposit shall be a percentage of the
applicable full annual compensation rate equal to that in effect for deductions
from member salaries for the school year in which the military duty was
rendered.
Notes
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