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RULE §107.15Resumption of Enrollment

(a) In accordance with §842.008(e), Government Code, as in effect on December 31, 2005, and with the approval of the board of trustees, a subdivision that had elected under prior law to discontinue enrolling non-members may, before January 1, 2006, elect to resume the enrollment in the retirement system of new members effective January 1, 2006.

(b) A person who is employed on December 31, 2005, by a subdivision that elects to resume enrollment pursuant to subsection (a) of this section, who is enrolled in the system under this section and whose membership in the system begins on January 1, 2006, will be credited with service performed for the subdivision prior to January 1, 2006, provided the person performed such service as an employee described in §841.001(8), Government Code, as that section read on December 31, 2005. Notwithstanding the foregoing, a person shall not be credited under this subsection with service performed prior to January 1, 2006, to the extent that such service is credited under another provision of the Act or another rule adopted by the board. A new member receiving credit under this subsection for service performed prior to January 1, 2006, is not eligible to make employee contributions or receive monetary service credits with respect to such credited service.

(c) As soon as practicable after the board approves a subdivision's election to resume enrollment, the subdivision shall certify to the retirement system the service to be credited under subsection (b) of this section to each new member.

Source Note: The provisions of this §107.15 adopted to be effective January 10, 2006, 31 TexReg 170

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