Section 123.5 - Restricted Prior Service Credit(a) The granting of restricted prior service credit under §853.305 of the Act in combination with other credited service earned by a member may result in the member becoming a vested member, as defined by the Act. (b) If, to establish that a member who is seeking to establish restricted prior service credit qualifies for the restricted prior service credit based on service within the Department of Defense, the system receives a United States Department of Defense Certificate of Release or Discharge from Active Duty (Form DD 214 or any subsequent version of such form) that reflects active duty or prior active duty service by the member, the system may grant restricted prior service credit based on the service reflected in the Department of Defense certificate without receiving a detailed statement of the prior service that is verified on a system form by an official custodian of personnel records of the Department of Defense. A member seeking to establish restricted prior service credit in accordance with this subsection must satisfy all other requirements under §853.305 of the Act. (c) If records in the custody of the system verify that a member who is seeking to establish restricted prior service credit qualifies for the restricted prior service credit based on service credit previously canceled because of the member's withdrawal of contributions from TMRS, the system will be deemed to have complied with the verification requirements of §853.305(c) of the Act and the system may grant the restricted prior service credit upon satisfaction of the other applicable requirements. A member seeking to establish restricted prior service credit in accordance with this subsection must satisfy all other requirements under §853.305 of the Act.34 Tex. Admin. Code § 123.5
The provisions of this §123.5 adopted to be effective January 22, 2001, 26 TexReg 982; amended to be effective April 22, 2002, 27 TexReg 3363; Adopted by Texas Register, Volume 45, Number 46, November 13, 2020, TexReg 8172, eff. 11/19/2020