34 Tex. Admin. Code § 25.74 - Cost
(a) To obtain service credit for active
military duty under the Uniformed Services Employment and Re-Employment Rights
Act (USERRA) and §
25.71 of this title (relating to
Service Credit for Eligible Active Duty under the Uniformed Services Employment
and Re-Employment Rights Act), the member must deposit with the retirement
system for each school year of service claimed an amount equal to member
contributions based on the following:
(1) the
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; and
(2)
the full annual compensation rate for each school year of membership service in
which the member was on active military duty eligible under the USERRA and
§
25.71 of this title. Membership
service does not include service as a substitute. For purposes of determining
the full annual compensation rate under this section, the Teacher Retirement
System (TRS) will use the amount of wages and salary the member would have
received had he continued to be employed in his former TRS covered position
from which he left for active military duty. The member must submit a
certification by the employer whose employ he left to enter into active
military duty of the wages and salary he would have received had he remained in
the TRS covered position.
(b) To obtain credit for member compensation
for active military duty under the USERRA and §
25.71 of this title, the member
must deposit with the retirement system for each school year of salary credit
claimed an amount equal to member contributions based on the following:
(1) the 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;
and
(2) the full annual
compensation rate for each school year of membership service in which the
member was on active military duty eligible under the USERRA and §
25.71 of this title. Membership
service does not include service as a substitute. For purposes of determining
the full annual compensation rate under this section, TRS will use the amount
of wages and salary the member would have received had he continued to be
employed in his former TRS covered position from which he left for active
military duty. The member must submit a certification by the employer whose
employ he left to enter into active military duty of the wages and salary he
would have received had he remained in the TRS covered position.
(c) Credit for member compensation
may be established for any school year of active military duty eligible under
the USERRA and §
25.71 of this title, even if
service credit has already been granted for the school year for service in the
public schools of Texas.
(d)
Establishment of compensation credit does not entitle a member to service
credit for a school year unless no service credit has been granted for the
school year through sufficient service in the public schools of
Texas.
(e) A member is first
eligible to establish credit under §
25.71 of this title on the date of
application for reemployment in a TRS covered position or on November 12, 1991,
whichever is later.
(f) Service
credit purchased under this section shall be purchased in the order in which
the service was rendered, with the earliest years of military service being
purchased first.
(g) The amount
required to establish service credit under subsection (a) of this section and
the amount required to establish compensation credit under subsection (b) of
this section must be submitted in a lump sum equal to the cost to purchase at
least one year of service or compensation credit and may not be submitted using
the installment method of payment.
Notes
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