Section 71.15 - Transfer of ERS Service Credit to the TRS for Certain TRIMS Employees(a) The purpose of this section is to implement the Texas Education Code, § 73.503, concerning transfer of Employees Retirement System (ERS) service credit to the Teacher Retirement System (TRS) for certain Texas Research Institute of Mental Sciences (TRIMS) employees who become employees of the University of Texas System or any of its components.(b) This section applies to any person who: (1) was a TRIMS employee during the month of May, June, July, or August 1985; and(2) was employed by and went to work for the University of Texas System or any of its components during the month of June, July, August, or September 1985.(c) This section does not apply to a former TRIMS employee who: (1) was employed in another ERS or TRS covered position at an agency other than TRIMS during the period of time between leaving TRIMS and being employed by the University of Texas System or any of its components;(2) becomes an employee of the University of Texas System or any of its components after September 30, 1985; or(3) is determined by TRS to not be eligible for TRS membership.(d) A person to whom this section applies: (1) may retire from ERS or apply for a refund from ERS until August 31, 1985 if he or she is otherwise eligible to retire or to request a refund; and(2) may not retire or apply for a refund from ERS on or after September 1, 1985.(e) The TRS is responsible for identifying and determining persons who are eligible for transfer of service credit pursuant to the Texas Education Code, § 73.503.(f) The ERS service credit of a person to whom this section applies and who has not retired or requested a refund from ERS shall be transferred to TRS effective as of September 1, 1985, or the actual date of employment by the University of Texas System or any of its components, whichever is later, but, in no event, later than September 30, 1985. Employees Retirement System credit that is transferred shall thereafter be regarded as service that was covered by TRS. The transfer of ERS service credit to TRS shall terminate the person's membership in, and all rights to benefits from, ERS. Member contributions previously withdrawn from ERS may be reinstated in TRS only subject to the laws and rules governing reinstatement of accounts and credit in TRS. Military service credit already established with ERS will be credited by TRS only when the person's service credit, excluding military credit, in TRS consists of at least 10 years. When credit is transferred or as soon thereafter as possible, ERS shall transfer to TRS: (1) all amounts in the individual member accounts with ERS of persons to whom this section applies and who have not retired or requested a refund from ERS and any member contributions subsequently received for those persons for service before September 1, 1985; and(2) an amount from the state accumulation account determined by the actuary of ERS to be such that the transfer of funds and service credit by ERS to TRS will neither increase nor diminish the period required to amortize the unfunded liability of ERS.(g) Any other provision of this section to the contrary notwithstanding, this section also applies to those persons who are certified on or before August 31, 1985, by the commissioner of the Texas Department of Mental Health and Mental Retardation as TRIMS employees who will continue to work at TRIMS after September 1, 1985, for the purpose of concluding and winding up TRIMS operations. If such an employee is employed by the University of Texas System or any of its components within 30 days of the employee's last day of work at TRIMS, but in any event no later than January 31, 1986, without being employed in another ERS or TRS covered position during the interim period, then such employee shall have his or her ERS service credit transferred to TRS if TRS determines that the employee is eligible for TRS membership.34 Tex. Admin. Code § 71.15
The provisions of this §71.15 adopted to be effective November 14, 1985, 10 TexReg 4288.