34 Tex. Admin. Code § 29.1 - Eligibility for Service Retirement
(a) The
provisions of subsections (a-1) and (b-1) of §
824.202, Texas
Government Code, apply only to a person who becomes a member of the retirement
system on or after September 1, 2007 and before September 1, 2014 and who has
at least five years of service credit in TRS on or before August 31, 2014 and
maintains that service credit in TRS until retirement.
(b) A member who met at least one of the
requirements of §
51.12(a) of this
title (relating to Applicability of Certain Laws in Effect Before September 1,
2005) on or before August 31, 2005, while a member of the Teacher Retirement
System before termination of membership through withdrawal of member
contributions or absence from service shall be considered as continuing to be
eligible to be governed by provisions of state law as described under §
51.12(a) of this
title upon resumption of membership on or after September 1, 2007.
(c) A person who was a member of the
retirement system before September 1, 2007, but who terminates membership
through withdrawal of accumulated contributions, then resumes membership on or
after September 1, 2007 and before September 1, 2014 and who has at least five
years of service credit in TRS on or before August 31, 2014 and maintains that
service credit in TRS until retirement, is subject to the provisions of
subsections (a-1), (b-1), and (d-1) of §
824.202, Texas
Government Code, regardless of whether the withdrawn service credit is
reinstated.
(d) The eligibility for
service retirement of a member who terminates membership due to absence from
service without withdrawal of contributions and reactivates the account under
§
823.501(f),
Texas Government Code, on or after September 1, 2007, shall be determined based
on the earliest date of service associated with the account.
(e) A member who does not have at least five
years of service credit in TRS on or before August 31, 2014 is eligible for
retirement under the provisions of §824.202 (a-2), (b-2), and (d-2), Texas
Government Code. A member who has at least five years of service credit in TRS
on or before August 31, 2014 but terminates membership in TRS by withdrawal of
accumulated contributions after August 31, 2014 and later resumes membership in
TRS on or after September 1, 2014 is also subject to §824.202 (a-2),
(b-2), and (d-2), Texas Government Code, regardless of whether the withdrawn
service credit is reinstated.
Notes
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