SECTION 302.5. Corrections of Errors and Contributions Past Due

(a) The participating department head shall correct an error in enrollment in membership or computation of qualified service as soon as administratively practicable after the participating department head discovers the error or the local board notifies the participating department head of an error. Using a form provided by the pension system, the request for correction of error shall be certified by the local board chair and provided to the Executive Director in the manner prescribed by the pension system.

(b) The Executive Director shall review the request for correction of error and may require the participating department head to provide additional documentation with respect to the correction of error. The Executive Director may reject any proposed correction if such additional documentation does not support the proposed correction of error or if such additional documentation is not provided. The Executive Director shall notify the participating department head and the local board chair if the proposed correction of error is approved or is denied due to lack of documentation provided by the participating department head or for any other reason.

(c) The Executive Director shall determine the applicable past due contributions required by the correction of error, if any, including applicable interest charges in accordance with §863.005 of the Texas Government Code.

(d) In accordance with §865.014(a), Texas Government Code, the governing body of the political subdivision associated with the participating department that is requesting the correction is liable for payment of past due contributions and interest charges, if any, and such payments shall be made in accordance with instructions provided by the pension system.

Source Note: The provisions of this §302.5 adopted to be effective October 2, 2005, 30 TexReg 6060; amended to be effective February 1, 2009, 34 TexReg 440; amended to be effective August 31, 2014, 39 TexReg 6867; amended to be effective October 18, 2015, 40 TexReg 7099; amended to be effective December 31, 2017, 42 TexReg 7723; amended to be effective December 31, 2019, 44 TexReg 8332