(a) To obtain service credit for active military duty under the Uniformed Services Employment and Re-Employment Rights Act (USERRA) and § 25.71 of this title (relating to Service Credit for Eligible Active Duty under the Uniformed Services Employment and Re-Employment Rights Act), the member must deposit with the retirement system for each school year of service claimed an amount equal to member contributions based on the following: (1) the percentage of the applicable full annual compensation rate equal to that in effect for deductions from member salaries for the school year in which the military duty was rendered; and(2) the full annual compensation rate for each school year of membership service in which the member was on active military duty eligible under the USERRA and § 25.71 of this title. Membership service does not include service as a substitute. For purposes of determining the full annual compensation rate under this section, the Teacher Retirement System (TRS) will use the amount of wages and salary the member would have received had he continued to be employed in his former TRS covered position from which he left for active military duty. The member must submit a certification by the employer whose employ he left to enter into active military duty of the wages and salary he would have received had he remained in the TRS covered position.(b) To obtain credit for member compensation for active military duty under the USERRA and § 25.71 of this title, the member must deposit with the retirement system for each school year of salary credit claimed an amount equal to member contributions based on the following: (1) the percentage of the applicable full annual compensation rate equal to that in effect for deductions from member salaries for the school year in which the military duty was rendered; and(2) the full annual compensation rate for each school year of membership service in which the member was on active military duty eligible under the USERRA and § 25.71 of this title. Membership service does not include service as a substitute. For purposes of determining the full annual compensation rate under this section, TRS will use the amount of wages and salary the member would have received had he continued to be employed in his former TRS covered position from which he left for active military duty. The member must submit a certification by the employer whose employ he left to enter into active military duty of the wages and salary he would have received had he remained in the TRS covered position.(c) Credit for member compensation may be established for any school year of active military duty eligible under the USERRA and § 25.71 of this title, even if service credit has already been granted for the school year for service in the public schools of Texas.(d) Establishment of compensation credit does not entitle a member to service credit for a school year unless no service credit has been granted for the school year through sufficient service in the public schools of Texas.(e) A member is first eligible to establish credit under § 25.71 of this title on the date of application for reemployment in a TRS covered position or on November 12, 1991, whichever is later.(f) Service credit purchased under this section shall be purchased in the order in which the service was rendered, with the earliest years of military service being purchased first.(g) The amount required to establish service credit under subsection (a) of this section and the amount required to establish compensation credit under subsection (b) of this section must be submitted in a lump sum equal to the cost to purchase at least one year of service or compensation credit and may not be submitted using the installment method of payment.34 Tex. Admin. Code § 25.74
The provisions of this §25.74 adopted to be effective January 24, 1992, 17 TexReg 252; amended to be effective March 12, 2003, 28 TexReg 2096; amended to be effective April 1, 2011, 36 TexReg 1833; amended by Texas Register, Volume 39, Number 51, December 19, 2014, TexReg 10023, eff. 12/22/2014; Amended by Texas Register, Volume 40, Number 52, December 25, 2015, TexReg 9726, eff. 1/1/2016