SECTION 25.135. Service Credit Missing from Annual Statement

(a) If membership service has not been credited by TRS on a member's annual statement, the member must notify TRS in writing of the service that the member requests to be credited. If an error on the annual statement regards either service rendered or compensation paid in the immediately preceding school year and the error may be corrected as provided in §25.28(g) of this title (relating to Payroll Report Dates), the member must notify TRS in writing of the error by May 31 of the school year following the school year in which the error occurred.

(b) Except as provided in subsection (a) of this section, for service rendered after August 31, 2011, in order for service missing from an annual statement to be creditable, TRS must receive the written notification on or before the last day of the fifth school year after the end of the school year in which the service was rendered.

(c) For service rendered on or before August 31, 2011, in order for service missing from an annual statement to be creditable, TRS must receive the written notification on or before the last day of the fifth school year after the end of the school year in which the service was rendered or August 31, 2016, whichever is later.

(d) The notification deadline is applicable to any membership service that has not been properly credited on a member's annual statement, including service not reported by an employer or service reported but for which TRS did not grant credit to the member.

(e) Failure to receive an annual statement in one or more years, including years in which the person is not a member of TRS, does not extend the notification deadline.

(f) Required deposits deducted and paid to TRS are not refundable to a member if service is not creditable, unless a member terminates membership by withdrawal of all contributions in accordance with applicable law.

(g) After making timely notification to TRS, a member must provide verification and make deposits as required by TRS before service may be credited. Verification must be made in the form and within the time period specified by applicable laws and rules, including §25.47 of this title (relating to Deadline for Verification). Service shall be creditable only if TRS determines that the verified service is sufficient to establish the credit being sought.

Source Note: The provisions of this §25.135 adopted to be effective September 1, 2011, 36 TexReg 5372; amended to be effective December 23, 2014, 39 TexReg 10023