CHAPTER 813. CREDITABLE SERVICE - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE B. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

CHAPTER 813. CREDITABLE SERVICE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 813.001. TYPES OF CREDITABLE SERVICE. The types of service

creditable in the retirement system are membership service,

military service, and equivalent membership service.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 297, Sec. 2, eff.

Sept. 1, 1995.

Sec. 813.002. SERVICE CREDITABLE IN A YEAR. The board of

trustees by rule shall determine how much service in any year is

equivalent to one year of creditable service, but in no case may

all of a person's service in one year be creditable as more than

one year of service.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

SUBCHAPTER B. PROVISIONS GENERALLY APPLICABLE TO ESTABLISHMENT OF

SERVICE

Sec. 813.101. DETERMINATION OF REQUIRED DEPOSITS. The

retirement system shall determine in each case the amount of

money to be deposited by a member claiming credit for membership

or military service previously canceled or not previously

established. The system may not provide benefits based on the

claimed service until the determined amount has been fully paid.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 813.102. SERVICE CREDIT PREVIOUSLY CANCELED. (a) A member

who has withdrawn contributions and canceled service credit in a

class of membership may, if eligible as provided by Section

813.403 or 813.504, reestablish the canceled service credit in

the retirement system.

(b) A member may reestablish credit by depositing with the

retirement system in a lump sum the amount withdrawn from a

membership class, plus interest computed on the basis of the

state fiscal year at an annual rate of 10 percent from the date

of withdrawal to the date of redeposit.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 6,

eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 7, eff. September 1, 2006.

Sec. 813.104. ALTERNATIVE PAYMENTS AND METHODS TO ESTABLISH OR

REESTABLISH SERVICE CREDIT. (a) The board of trustees may adopt

rules to provide procedures for making installment payments to

establish or reestablish credit in the retirement system as

alternatives to lump-sum payments otherwise authorized or

required by this subtitle. The methods may include payment by

payroll deduction.

(b) Except as provided by Subsection (c), payments may not be

made under a rule adopted under this section:

(1) to establish or reestablish service credit of a person who

is currently retired or has died; or

(2) to establish current service under Section 813.201.

(c) Under a rule adopted under this section, the designated

beneficiary of a deceased member or, if none exists, the personal

representative of the decedent's estate may establish or

reestablish service for which the member was eligible at the time

of death if the establishment of the service would result in the

payment of a death benefit annuity or an increase in the amount

of a death benefit annuity.

(d) The payment for the establishment or reestablishment of

service under Subsection (c) must be made in a lump sum and

completed before the first payment of a death benefit annuity,

but not later than the 60th day after the date the retirement

system receives notice of the death.

(e) The retirement system may provide for the electronic filing

of agreements to establish or reestablish service credit. In this

subsection, "electronic filing" has the meaning assigned by

Section 814.010(a).

Added by Acts 1993, 73rd Leg., ch. 791, Sec. 3, eff. Sept. 1,

1993. Amended by Acts 1995, 74th Leg., ch. 586, Sec. 6, eff. Aug.

28, 1995; Acts 1997, 75th Leg., ch. 964, Sec. 1, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1048, Sec. 3, eff. Sept. 1, 1997;

Acts 1999, 76th Leg., ch. 1541, Sec. 7, eff. Sept. 1, 1999; Acts

2003, 78th Leg., ch. 1111, Sec. 14, 15, eff. Sept. 1, 2003; Acts

2003, 78th Leg., ch. 1310, Sec. 49, 50, eff. June 20, 2003.

Sec. 813.106. SERVICE NOT PREVIOUSLY ESTABLISHED. The state

shall make contributions for service not previously established

that is established under Section 813.104 in the amount provided

by Section 813.202(c) for membership service or the amount

provided by Section 813.302(d) for military service, as

applicable. The state contributions will be made at the time the

service credit is granted.

Added by Acts 1993, 73rd Leg., ch. 791, Sec. 5, eff. Sept. 1,

1993. Amended by Acts 1997, 75th Leg., ch. 964, Sec. 2, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1048, Sec. 4, eff. Sept.

1, 1997.

SUBCHAPTER C. ESTABLISHMENT OF MEMBERSHIP SERVICE

Sec. 813.201. CURRENT SERVICE. (a) Except as otherwise

provided by this section, service is credited in the applicable

membership class for each month in which a member holds a

position and for which the required contributions are made by the

member and the state.

(b) A member may not accrue or establish service credit in the

employee class of membership when the total amount of service

credit, multiplied by the percentage in effect for computing

annuities under Section 814.103, 814.105, or 814.107 would exceed

the number 100. When the maximum amount of service credit is

accrued or established by a member in the employee or elected

class, member and state contributions cease, although the member

retains membership subject to Section 812.005.

(c) Service may not be credited in both membership classes for

the same period unless one of the credits is for service

established under Section 813.402 of this subtitle.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1989, 71st Leg., ch. 616, Sec. 3, eff. June

14, 1989; Acts 1991, 72nd Leg., ch. 850, Sec. 5, eff. Sept. 1,

1991; Acts 1999, 76th Leg., ch. 1541, Sec. 8, eff. Sept. 1, 1999;

Acts 2001, 77th Leg., ch. 1231, Sec. 2, eff. Sept. 1, 2001.

Sec. 813.202. MEMBERSHIP SERVICE NOT PREVIOUSLY ESTABLISHED.

(a) Except as provided by Section 813.402, any member may

establish service credit in the retirement system for membership

service not previously established.

(b) A member may establish credit under this section by

depositing with the retirement system in a lump sum a

contribution computed as provided by Section 813.404 or 813.505,

plus interest computed on the basis of the state fiscal year at

an annual rate of 10 percent from the date the service was

performed to the date of deposit.

(c) The state shall contribute for service established under

this section an amount in the same ratio to the member's

contribution for the service as the state's contribution bears to

the contribution for current service required of a member of the

employee class at the time the service is established under this

section. The state's contribution must be paid from the fund or

account from which the member receives compensation at the time

the service is established or, if the member does not hold a

position at the time the service is established, from the fund or

account from which the member received compensation when the

member most recently held a position.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 1,

eff. Aug. 29, 1983. Renumbered from Vernon's Ann.Civ.St. Title

110B, Sec. 23.202 and amended by Acts 1989, 71st Leg., ch. 179,

Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch.

1048, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1541,

Sec. 9, eff. Sept. 1, 1999.

SUBCHAPTER D. ESTABLISHMENT OF MILITARY SERVICE

Sec. 813.301. CREDITABLE MILITARY SERVICE. (a) Military

service creditable in the retirement system is active federal

duty as a member of the armed forces of the United States.

(b) A member may establish one month of service credit for each

month or fraction of a month of duty, but not more than 60 months

of service credit in the retirement system for military service.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.301 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 5, eff.

Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1048, Sec. 6, eff. Sept.

1, 1997.

Sec. 813.302. MILITARY SERVICE NOT PREVIOUSLY ESTABLISHED. (a)

An eligible member may establish service credit in the retirement

system for military service performed that is creditable as

provided by Section 813.301.

(b) A member eligible to establish military service credit is

one who:

(1) does not receive and is not eligible to receive federal

retirement payments based on 20 years or more of active federal

military duty or its equivalent;

(2) has been released from military duty under conditions not

dishonorable; and

(3) has credit in the retirement system for membership service

performed after the member's date of release from active military

duty.

(c) A member may establish credit under this section by

depositing with the retirement system in a lump sum a

contribution computed as provided by Section 813.404 or 813.505,

plus, if the member does not establish the credit before the

first anniversary of the date of first eligibility, interest

computed on the basis of the state fiscal year at an annual rate

of 10 percent from the date of first eligibility to the date of

deposit.

(d) The state shall contribute for service established under

this section an amount in the same ratio to the member's

contribution for the service as the state's contribution bears to

the contribution for current service required of a member of the

employee class at the time the service is established under this

section. The state's contribution shall be paid from the fund

from which the member receives compensation at the time the

service is established or, if the member does not hold a position

at the time the service is established, from the fund from which

the member received compensation when the member most recently

held a position.

(e) The board of trustees may require members applying for

credit under this section to submit any information the board

finds necessary to enable it to determine eligibility for or

amount of service or amounts of required contributions.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 2,

eff. Aug. 29, 1983; Acts 1985, 69th Leg., ch. 90, Sec. 1, eff.

Sept. 1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B,

Sec. 23.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1,

eff. Sept. 1, 1989.

Sec. 813.303. SERVICE CREDITED TO MEMBERSHIP CLASS. (a) Except

as provided by Subsection (b) or Section 813.304(d), military

service is creditable in a class of membership that includes a

position held by the member who performed the service after the

date of release from active military duty.

(b) Military service performed by a person who was a

contributing member immediately before the date the member began

military duty may be credited, at the option of the member, in

the class of membership that includes the position held by the

member immediately before the date the member began the military

duty.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.303 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989.

Sec. 813.304. USE OF MILITARY SERVICE CREDIT. (a) The

retirement system shall use military service credit in computing

occupational disability retirement benefits and death benefits

and in determining eligibility to select an optional death

benefit plan.

(b) The retirement system shall use military service credit in

computing service retirement or nonoccupational disability

retirement benefits of a member of the employee class only if the

member has, without military service credit, at least five years

of service credit in that class.

(c) The retirement system shall use military service credit in

computing service retirement or nonoccupational disability

retirement benefits of a member of the elected class:

(1) only if the member has, without military service credit, at

least six years of service credit in that class, if the military

service credit was established before January 1, 1978; or

(2) only if the member has enough service credit, exclusive of

the military service credit, to be eligible for service

retirement benefits at age 60, if the military service credit was

established on or after January 1, 1978.

(d) The board of trustees by rule may permit a person who

retires with at least 10 years of service credit, excluding

military service credit, to receive service retirement benefits

as an elected officer for the percentage of the person's military

service credit, but not more than 100 percent, that is derived by

dividing the number of months served as an elected officer by 96

months.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.304 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 6, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 791, Sec. 6, eff. Sept.

1, 1993.

Sec. 813.305. MILITARY SERVICE CREDIT GOVERNED BY UNIFORMED

SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT. The retirement

system may adopt rules to comply with the Uniformed Services

Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et

seq.) and other federal laws affecting the crediting of military

service.

Added by Acts 1995, 74th Leg., ch. 586, Sec. 7, eff. Aug. 28,

1995.

SUBCHAPTER E. PROVISIONS APPLICABLE TO ELECTED CLASS

Sec. 813.401. SERVICE CREDITABLE IN ELECTED CLASS. Service

creditable in the elected class of membership is:

(1) membership service in an office included in that class;

(2) military service established as provided by Subchapter D;

and

(3) equivalent membership service specifically made creditable

in that class.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 297, Sec. 3,

eff. Sept. 1, 1995.

Sec. 813.402. CREDIT FOR YEAR IN WHICH ELIGIBLE FOR OFFICE. (a)

A member may establish service credit in the elected class for

any calendar year during any part of which:

(1) the member held an office included in that class; or

(2) the member was eligible to take the oath for an office

included in that class.

(b) A member may establish credit under this section by

depositing with the retirement system in a lump sum a

contribution computed as provided by Section 813.404, plus

interest computed at an annual rate of 10 percent from the fiscal

year in which the service was performed to the date of deposit.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1110, ch. 252, Sec. 3,

eff. Aug. 29, 1983. Renumbered from Vernon's Ann.Civ.St. Title

110B, Sec. 23.402 and amended by Acts 1989, 71st Leg., ch. 179,

Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1997, 75th Leg., ch.

1048, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1541,

Sec. 10, eff. Sept. 1, 1999.

Sec. 813.403. ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY

CANCELED. A member may, under Section 813.102(b), reestablish

service credit previously canceled if the member, after

cancellation of the credit, takes an oath of office for a

position included in the elected class.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.403 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989.

Sec. 813.404. CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY

ESTABLISHED. For each month of membership, military, or

equivalent membership service not previously credited in the

retirement system, a member claiming credit in the elected class

shall pay a contribution in an amount equal to the greater of:

(1) eight percent of the monthly salary paid to members of the

legislature at the time the credit is established; or

(2) six percent of the monthly state salary paid to a person who

holds, at the time the credit is established, the office for

which credit is sought.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.404 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1995, 74th Leg., ch. 297, Sec. 4, eff.

Sept. 1, 1995.

SUBCHAPTER F. PROVISIONS APPLICABLE TO EMPLOYEE CLASS

Sec. 813.501. SERVICE CREDITABLE IN EMPLOYEE CLASS. Service

creditable in the employee class of membership is:

(1) membership service in a position included in that class;

(2) military service established as provided by Subchapter D;

(3) service creditable in or transferred from the elected class

as provided by Section 813.503; and

(4) administrative board service established as provided by

Section 813.502.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989.

Sec. 813.502. ADMINISTRATIVE BOARD SERVICE. (a) A member who

established during December, 1977, service credit for

administrative board service performed during that month, may:

(1) remain a contributing member of the retirement system

accruing service credit in the employee class for continuous

service on an eligible board; and

(2) establish service credit for previous service on an eligible

board.

(b) Contributions for administrative board service are computed

on the basis of the highest salary paid during the time for which

credit is sought to an officer or employee of the agency,

commission, or department on whose board the member serves.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.502 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989.

Sec. 813.503. CREDIT TRANSFERABLE BETWEEN ELECTED AND EMPLOYEE

CLASS. (a) A member may establish in, or have transferred to,

the employee class all service credited in the elected class, if

the contributions made to establish the service in the elected

class equal or exceed contributions required of a member of the

employee class for the same amount of service during the same

time and at the same rate of compensation. A member or retiree

who has, or had at the time of retirement, at least eight years

of service credit in the elected class of membership, exclusive

of military service, may transfer service credit between classes

before or after retirement.

(b) A member or retiree who has, or had at the time of

retirement, at least 20 years of service credit in the retirement

system, including the sum of at least 10 years of service credit

as a person who has been elected or appointed to two or more

offices of a house of the legislature, as recorded in the

journals of the senate and the house of representatives, may

transfer the person's service credit to the elected class. A

person who makes a transfer under this subsection may continue to

transfer the credit between classes before or after retirement.

(c) A retiree, or the designated beneficiary of a deceased

retiree, who retired from the employee class and was eligible to

have retired from the elected class may elect to have the annuity

recomputed as if the retirement had been from the elected class.

(d) A person may make a transfer or election under this section

by notifying the retirement system. If the person making the

transfer or election is a retiree or the designated beneficiary

of a deceased retiree, payment of benefits under the recomputed

annuity begins with the payment that becomes due in the month

following the month in which the retirement system receives the

notice.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18,

Sec. 12, eff. Nov. 10, 1981. Renumbered from Vernon's Ann.Civ.St.

Title 110B, Sec. 23.503 by Acts 1989, 71st Leg., ch. 179, Sec. 1,

eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 850,

Sec. 8, eff. Sept. 1, 1991.

Sec. 813.504. ELIGIBILITY FOR SERVICE CREDIT PREVIOUSLY

CANCELED. A person may reestablish service credit previously

canceled in the retirement system if the person is a member of

the employee class and at least six months have elapsed since the

end of the month in which the cancellation became effective.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.504 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1,

1989. Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 7, eff.

Sept. 1, 1993; Acts 1997, 75th Leg., ch. 1048, Sec. 8, eff. Sept.

1, 1997; Acts 2001, 77th Leg., ch. 1231, Sec. 3, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 1111, Sec. 46(4), eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 8, eff. September 1, 2005.

Sec. 813.505. CONTRIBUTIONS FOR SERVICE NOT PREVIOUSLY

ESTABLISHED. (a) A member claiming credit in the employee class

for membership service not previously established shall, for each

month of the service, pay a contribution in an amount equal to

the greater of:

(1) six percent of the member's monthly state compensation for

the service during the time for which credit is sought; or

(2) $18.

(b) A member claiming credit in the employee class for military

service not previously established shall, for each month of the

service, pay a contribution in an amount equal to the greater of:

(1) the amount that the member contributed for the first full

month of membership service that is after the member's date of

release from active military duty and that is credited in the

retirement system; or

(2) $18.

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1,

1981. Amended by Acts 1983, 68th Leg., p. 1111, ch. 252, Sec. 4,

eff. Aug. 29, 1983. Renumbered from Vernon's Ann.Civ.St. Title

110B, Sec. 23.505 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989.

Sec. 813.506. CUSTODIAL OFFICER SERVICE. (a) The Texas

Department of Criminal Justice, the managed health care unit of

The University of Texas Medical Branch, and the Texas Tech

University Health Sciences Center by rule shall adopt standards

for determining eligibility for service credit as a custodial

officer, based on the need to encourage early retirement of

persons whose duties are hazardous and require them to have

routine contact with inmates of or defendants confined in the

Texas Department of Criminal Justice on a regular basis.

(b) To be creditable as custodial officer service, service

performed must be performed as a parole officer or caseworker or

must meet the requirements of the rules adopted under Subsection

(a) and be performed by persons in one of the following job

categories:

(1) all persons classified as Correctional Officer I through

warden, including training officers and special operations

reaction team officers;

(2) all other employees assigned to work on a unit and whose

jobs require routine contact with inmates or defendants,

including but not limited to farm managers, livestock

supervisors, maintenance foremen, shop foremen, medical

assistants, food service supervisors, stewards, education

consultants, commodity specialists, and correctional counselors;

(3) employees assigned to administrative offices whose jobs

require routine contact with inmates or defendants at least 50

percent of the time, including but not limited to investigators,

compliance monitors, accountants routinely required to audit unit

operations, sociologists, interviewers, classification officers,

and supervising counselors; and

(4) administrative positions whose jobs require response to

emergency situations involving inmates or defendants, including

but except as specified not limited to the director, deputy

directors, assistant directors, and not more than 25

administrative duty officers.

(c) The Texas Department of Criminal Justice, the managed health

care unit of The University of Texas Medical Branch or the Texas

Tech University Health Sciences Center, or the Board of Pardons

and Paroles, as applicable, shall determine a person's

eligibility to receive credit as a custodial officer. A

determination of the department, unit, or board may not be

appealed by an employee but is subject to change by the

retirement system.

(d) As part of the audit of the Texas Department of Criminal

Justice by the state auditor in accordance with Chapter 321, the

state auditor may verify the accuracy of reports submitted to the

retirement system under this section.

Added by Acts 1985, 69th Leg., ch. 828, Sec. 2, eff. Sept. 1,

1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec.

23.506 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff.

Sept. 1, 1989. Amended by Acts 1989, 71st Leg., ch. 584, Sec. 80,

eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 599, Sec. 13, eff.

Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 791, Sec. 56(7), eff.

Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 791, Sec. 56(7), eff.

Sept. 1, 1995; Acts 1995, 74th Leg., ch. 586, Sec. 8, eff. Sept.

1, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 9, eff. Sept. 1,

1997; Acts 1999, 76th Leg., ch. 1541, Sec. 11, eff. Sept. 1,

1999; Acts 2003, 78th Leg., ch. 785, Sec. 23, eff. Sept. 1, 2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

87, Sec. 25.083, eff. September 1, 2009.

Sec. 813.509. CREDIT FOR ACCUMULATED SICK LEAVE. (a) A member

who holds a position included in the employee class of membership

during the month that includes the effective date of the member's

retirement and who retires based on service or a disability is

entitled to service credit in the retirement system for the

member's sick leave that has accumulated and is unused on the

last day of employment.

(b) A death benefit designee under Section 814.301 or 814.302 of

a member who holds a position included in the employee class of

membership during the month that includes the member's date of

death is entitled to service credit in the retirement system for

the member's sick leave that has accumulated and is unused on the

member's date of death.

(c) Sick leave is creditable in the retirement system at the

rate of one month of service credit for each 20 days, or 160

hours, of accumulated sick leave and one month for each fraction

of days or hours remaining after division of the total hours of

accumulated sick leave by 160.

(d) An individual who was a member or employee on August 31,

2009, and who holds a position included in the employee class may

use sick leave creditable under this section to satisfy service

requirements for retirement under Section 814.104 or 814.107 if

the sick leave attributed to the eligibility requirements remains

otherwise unused on the last day of employment.

(e) A death benefit beneficiary under Section 814.302 may use

the deceased member's sick leave credit under this section to

qualify for making a death benefit plan selection under Section

814.302 if the decedent was a member or employee on August 31,

2009.

(f) Except as provided by Subsection (g), the disbursing officer

of each department or agency shall, before the 11th day after the

effective date of retirement or date of death of one or more

employees of the department or agency, certify to the retirement

system:

(1) the name of each person:

(A) whose retirement from the department or agency, and from

state service, became effective during the preceding month; or

(B) who died during the preceding month; and

(2) the amount of the person's accumulated sick leave on the

last day of employment or date of death.

(g) The disbursing officer of a department or agency that

employs a member who applies for retirement under Subsection (d)

shall, not more than 90 or less than 30 days before the effective

date of the member's retirement, certify to the retirement system

the amount of the member's accumulated and unused sick leave. The

officer shall immediately notify the retirement system if the

member uses sick leave after the date of certification.

(h) On receipt of a certification under Subsection (f) or (g),

the retirement system shall grant any credit to which a retiring

member or retiree who is a subject of the certification is

entitled. An increase in the computation of an annuity because of

credit provided by this section after a certification under

Subsection (f) begins with the first payment that becomes due

after certification.

(i) The retirement system shall cancel the retirement of a

person who used sick leave creditable under this section to

qualify for service retirement if the sick leave is otherwise

used by the person before the effective date of retirement.

(j) In this section, "sick leave" does not include credit

granted under an agency sick-leave pool or under the Family and

Medical Leave Act of 1993 (Pub. L. 103-3) and its subsequent

amendments.

(k) A member who was not a member on the date hired and was

hired on or after September 1, 2009, or a death benefit

beneficiary of that member may use sick leave creditable under

this section only for purposes of calculating the member's or

beneficiary's annuity.

Added by Acts 1989, 71st Leg., ch. 1165, Sec. 1, eff. Sept. 1,

1989. Renumbered from Title 110B, Sec. 23.509 and amended by Acts

1989, 71st Leg., ch. 1100, Sec. 4.10(a), eff. Sept. 1, 1989.

Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 8, 56(1), eff.

Sept. 1, 1993; Acts 1995, 74th Leg., ch. 586, Sec. 9, eff. Aug.

28, 1995; Acts 1997, 75th Leg., ch. 1048, Sec. 10, eff. Sept. 1,

1997; Acts 2001, 77th Leg., ch. 1231, Sec. 4, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 7, eff. September 1, 2009.

Sec. 813.511. CREDIT FOR ACCUMULATED ANNUAL LEAVE. (a) A

member who holds a position included in the employee class of

membership during the month that includes the effective date of

the member's retirement and who retires based on service or a

disability is entitled to service credit in the retirement system

for the member's annual leave that has accumulated and is unused

on the last day of employment.

(b) A death benefit designee under Section 814.301 or 814.302 of

a member who holds a position included in the employee class of

membership during the month that includes the member's date of

death is entitled to service credit in the retirement system for

the member's annual leave that has accumulated and is unused on

the member's date of death.

(c) Annual leave is creditable in the retirement system at the

rate of one month of service credit for each 20 days, or 160

hours, of accumulated annual leave and one month for each

fraction of days or hours remaining after division of the total

hours of accumulated annual leave by 160.

(d) An individual who was a member or employee on August 31,

2009, and who holds a position included in the employee class may

use annual leave creditable under this section to satisfy service

requirements for retirement under Section 814.104 or 814.107 if

the annual leave attributed to the eligibility requirements

remains otherwise unused on the last day of employment.

(e) A death benefit beneficiary under Section 814.302 may use

the deceased member's annual leave credit under this section to

qualify for making a death benefit plan selection under Section

814.302 if the decedent was a member or employee on August 31,

2009.

(f) Except as provided by Subsection (g), the disbursing officer

of each department or agency shall, before the 11th day after the

effective date of retirement or date of death of one or more

employees of the department or agency, certify to the retirement

system:

(1) the name of each person:

(A) whose retirement from the department or agency, and from

state service, became effective during the preceding month; or

(B) who died during the preceding month; and

(2) the amount of the person's accumulated annual leave on the

last day of employment or date of death.

(g) The disbursing officer of a department or agency that

employs a member who applies for retirement under Subsection (d)

shall, not more than 90 or less than 30 days before the effective

date of the member's retirement, certify to the retirement system

the amount of the member's accumulated and unused annual leave.

The officer shall immediately notify the retirement system if the

member uses annual leave after the date of certification.

(h) On receipt of a certification under Subsection (f) or (g),

the retirement system shall grant any credit to which a retiring

member or retiree who is a subject of the certification is

entitled. An increase in the computation of an annuity because of

credit provided by this section after a certification under

Subsection (f) begins with the first payment that becomes due

after certification.

(i) The retirement system shall cancel the retirement of a

person who used annual leave creditable under this section to

qualify for service retirement if the annual leave is otherwise

used by the person before the effective date of retirement.

(j) A member who was not a member on the date hired and was

hired on or after September 1, 2009, or a death benefit

beneficiary of that member may use annual leave creditable under

this section only for purposes of calculating the member's or

beneficiary's annuity.

Added by Acts 1999, 76th Leg., ch. 1541, Sec. 12, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 5, eff.

Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

1308, Sec. 8, eff. September 1, 2009.

Sec. 813.513. CREDIT PURCHASE OPTION. (a) An eligible member

may establish not more than 36 months of equivalent membership

service credit, including law enforcement or custodial officer

service, in either the elected class or the employee class.

(b) A member is eligible to establish service credit under this

section if the member has at least 120 months of actual

membership service of the type of service that the member seeks

to establish.

(c) A member may establish service credit under this section by

depositing with the retirement system, for each month of service

credit, the actuarial present value, at the time of deposit, of

the additional standard retirement annuity benefits that would be

attributable to the purchase of the service credit under this

section, based on rates and tables recommended by the retirement

system's actuary and adopted by the board of trustees.

(d) After a member makes the deposits required by this section,

the retirement system shall grant the member one month of

equivalent membership service credit for each month of credit

approved.

(e) The retirement system shall deposit the amount of the

actuarial present value of the service credit purchased in the

member's individual account in the employees saving account.

(f) The board of trustees may adopt rules to administer this

section, including rules that impose restrictions on the

application of this section as necessary to cost-effectively

administer this section.

Added by Acts 2001, 77th Leg., ch. 1231, Sec. 6, eff. Jan. 1,

2002.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 9, eff. January 1, 2006.

Sec. 813.514. CREDIT PURCHASE OPTION FOR CERTAIN SERVICE. (a)

A member may establish service credit under this section in the

employee class only for service performed during a 90-day waiting

period to become a member after beginning employment or holding

office.

(b) A member may establish service credit under this section by

depositing with the retirement system, for each month of service

credit, the actuarial present value, at the time of deposit, of

the additional standard retirement annuity benefits that would be

attributable to the purchase of the service credit under this

section based on rates and tables recommended by the retirement

system's actuary and adopted by the board of trustees.

(c) After a member makes the deposits required by this section,

the retirement system shall grant the member one month of

equivalent membership service credit for each month of credit

approved.

(d) The retirement system shall deposit the amount of the

actuarial present value of the service credit purchased in the

member's individual account in the employees saving account.

(e) The board of trustees may adopt rules to administer this

section, including rules that impose restrictions on the

application of this section as necessary to cost-effectively

administer this section.

Added by Acts 2003, 78th Leg., ch. 1111, Sec. 42, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

347, Sec. 10, eff. September 1, 2005.