SECTION 302.7. Employees of Participating Departments

(a) Effective September 1, 2019, the 86th Texas Legislature adopted H.B. 3247 which amended §862.002, Texas Government Code, to allow all employees of a participating department to participate in the pension system.

(b) Pursuant to the authority granted to the state board under §861.006(a), Texas Government Code, to adopt rules to modify the pension system as necessary to meet the plan qualification requirements under §401(a) of the code, the implementation of the enrollment and participation of employees of participating departments, whether full-time or part-time, as members of the pension system will be delayed to ensure the participation of such employees satisfies the plan qualification requirements under §401(a) of the code.

(c) The state board intends to adopt rules related to the participation of employees of participating departments in the pension system on or before September 1, 2020 to the extent such participation is consistent with plan qualification requirements under the code.

(d) Notwithstanding as otherwise provided in this section, an employee of a participating department who is enrolled as a member of the pension system before September 1, 2019, shall continue to be a member of the pension system until otherwise provided.

Source Note: The provisions of this §302.7 adopted to be effective October 18, 2015, 40 TexReg 7100; amended to be effective December 31, 2019, 44 TexReg 8332