SECTION 51.13. Five-Year Service Credit Requirement Effective August 31, 2014

(a) A member with less than five years of service credit on August 31, 2014 and/or a person whose membership begins on or after September 1, 2014, must meet the requirements of §824.202(a-2), Government Code, to be eligible for a standard service retirement annuity.

(b) An eligible member may purchase any withdrawn, unreported, waiting period, and/or USERRA service credit in order to meet the five years of service credit requirement. Except as provided in subsection (c) of this section, the purchase of any withdrawn service credit must be completed, i.e. amount required to purchase the service credit paid in full, by August 31, 2014. If the purchase of service credit includes any years of service credit that may be purchased one year at a time, only the amount required to purchase the number of years of service credit needed to meet the five years of service credit requirement must be paid in full by August 31, 2014.

(c) An eligible member seeking to purchase service credit in order to meet the five years of service credit requirement must submit a request to purchase the service credit to TRS. The request to purchase the service credit and all documentation required to establish eligibility to purchase the service credit must be received by TRS before 12:00 a.m. on September 3, 2014. A member meeting this requirement will be given until the later of 11:59 p.m. on September 2, 2014 or a 30-day period from the date TRS mails the bill for the purchase of service credit to submit full payment for the service credit to be used in meeting the five years of service credit requirement.

(d) A member who meets the five years of service credit requirement on August 31, 2014 or as described in subsection (c) of this section, but terminates membership by withdrawal of accumulated contributions after that date and later resumes membership in TRS must meet the requirements of §824.202(a-2), Government Code, to be eligible for a standard service retirement annuity.

(e) A person who was a member of TRS on August 31, 2014 and who has verified but not purchased USERRA service credit for eligible military service performed before September 1, 2014 may use the USERRA service credit to meet the five years of service credit requirement provided membership is maintained until retirement. The USERRA service may be verified any time before retirement.

(f) A person who is a member of TRS on August 31, 2014 and who has service credited on August 31, 2014 in the Employees Retirement System of Texas (ERS) or another retirement system participating in the Proportionate Retirement Program established in Chapter 803, Government Code and maintains the combined service credit until retirement, may use the combined service credit to meet the five years of service credit requirement described in this section.

Source Note: The provisions of this §51.13 adopted to be effective July 17, 2014, 39 TexReg 5435