SECTION 51.12. Applicability of Certain Laws in Effect Before September 1, 2005

(a) A person who retires under the Teacher Retirement System of Texas (TRS) on or after September 1, 2005, and who meets one or more of the following requirements on or before August 31, 2005, while a member of TRS is governed by provisions of state law relating to early retirement with at least twenty years of service credit under §824.202(c), Government Code, three year salary average under §824.203, Government Code, and the partial lump-sum option (PLSO) under §824.2045, Government Code, as those provisions existed prior to September 1, 2005:

(1) the person has attained age 50;

(2) the sum of the person's age and amount of service credit in the retirement system equals 70 or greater; or

(3) the person has at least 25 years of service credit in the retirement system.

(b) A member who meets at least one of the requirements of subsection (a) of this section by August 31, 2005, before termination of membership through withdrawal of member contributions or absence from service shall be considered as continuing to be eligible under subsection (a) of this section upon resumption of membership.

(c) Service that is credited on or before August 31, 2005 with another Texas public retirement system and that meets all requirements to be used for retirement eligibility under the proportionate retirement program or the ERS/TRS transfer program may be considered to determine eligibility of a TRS member under subsection (a)(2) and (3) of this section.

(d) Purchased or reinstated service credit in the retirement system may be considered to determine eligibility of a TRS member under subsection (a)(2) and (3) of this section if credited in accordance with uniform administrative requirements, including payment deadlines, established by the retirement system in order to complete processing for members who request purchase of service credit before August 31, 2005.

Source Note: The provisions of this §51.12 adopted to be effective December 29, 2005, 30 TexReg 8700; amended to be effective April 1, 2011, 36 TexReg 2005