SECTION 25.85. Amount of Out-of-State Service Which Can Be Purchased

(a) Credit is limited to one year of out-of-state service for each year in Texas.

(b) No out-of-state service can be used to compute any benefit for any person with less than 5 years service in Texas.

(c) Not more than 15 years out-of-state service can be purchased in accordance with Government Code, §823.401, provided that if any of the years of out-of-state service is considered nonqualified service, no more than five years of nonqualified service credit can be purchased. For purposes of this section, nonqualified service means the member's out-of-state service is currently maintained in another public retirement system from which the member has a right to receive a distribution, including a refund of contributions.

(d) Any purchase is subject to applicable plan qualification requirements, including applicable plan limitations on member contributions.

Source Note: The provisions of this §25.85 adopted to be effective January 1, 1976; amended to be effective June 15, 1999, 24 TexReg 4457; amended to be effective January 9, 2002, 27 TexReg 271; amended to be effective March 12, 2003, 28 TexReg 2097; amended to be effective April 1, 2011, 36 TexReg 1834; amended to be effective January 1, 2016, 40 TexReg 9726