34 Tex. Admin. Code § 25.71 - Service Credit for Eligible Active Military Duty under the Uniformed Services Employment and Re-Employment Rights Act
(a) A
member may obtain service credit for active military duty in lieu of or in
addition to military service credit under §
25.61 of this title (relating to
Service Credit for Eligible Military Duty) if the member is eligible to obtain
such service credit under the Uniformed Services Employment and Re-Employment
Rights Act (USERRA),
38 United States Code
§4301 et seq.
(b) A member who leaves a position in the
employ of a Teacher Retirement System of Texas (TRS) covered employer to
perform duty, on a voluntary or involuntary basis, in the uniformed services,
as defined in the USERRA, is eligible to obtain service or compensation credit
under this section if the member separates from uniformed service under
honorable conditions or as otherwise provided by USERRA and returns to or
applies for re-employment with the TRS covered employer within ninety (90) days
of discharge or release from active military service. TRS shall consider the
provisions of USERRA or regulations adopted pursuant to USERRA in determining
eligibility of members who apply for or return to re-employment later than this
period of time, due to illness or injury incurred in, or aggravated during,
uniformed service.
(c)
Notwithstanding any provisions of this section to the contrary, contributions,
benefits, and service credit with respect to qualified military service shall
be provided in accordance with the Internal Revenue Code §414(u) and as
required by USERRA.
Notes
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