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RULE §25.152Eligibility, Cost, and Payment for Developmental Leave Credit

(a) A cost statement for developmental leave may be obtained from the retirement system on request by an eligible member after completion of the leave.

(b) To be eligible to establish developmental leave credit, a member must:

  (1) have at least five years of service credited in the retirement system before the developmental leave occurs;

  (2) have, at the time the required deposits for credit are paid, at least one year of membership service credit in the retirement system following the developmental leave; and

  (3) have at least five years of service credited in the retirement system at the time the required deposits for the credit are paid.

(c) Credit will be granted to the member upon receipt of the full amount of the required deposits.

(d) Except as provided by subsections (h) and (i) of this section, the cost of establishing developmental service credit is the actuarial cost, as determined by TRS, of the additional standard annuity retirement benefits that would be attributable to the developmental leave service credit purchased under this section.

(e) To calculate the actuarial cost, TRS will use the cost factors and method described in §25.302 of this title (relating to Calculation of Actuarial Cost).

(f) The purchase cost described in this section assumes a lump-sum deposit will be made. If deposits are made under an installment agreement, a non-refundable installment fee of 9% applies.

(g) If a member has membership service and contributions in the same school year as the year in which the developmental leave was taken, TRS shall adjust the actuarial cost as calculated under subsection (e) of this section proportionately by applying a ratio, the numerator of which is the number of TRS-covered service days rendered by the member and the denominator of which is 90 days of service required for a year of membership service credit.

(h) A member may establish developmental leave service credit by paying the deposits and fees required in subsection (i) of this section if:

  (1) the member otherwise meets all eligibility requirements under Government Code, §823.402, as amended;

  (2) the developmental leave for which credit is sought to be established ended before August 31, 2011; and

  (3) the member makes payment for the developmental leave service credit, or enters into an installment agreement for payment, not later than August 31, 2013.

(i) The cost of establishing developmental leave credit under subsection (h) of this section is an amount equal to the current member and state contributions based on the member's full-time annual compensation rate during the last school year of creditable service that preceded the developmental leave.

Source Note: The provisions of this §25.152 adopted to be effective September 11, 1977, 2 TexReg 3280; amended to be effective September 26, 1979, 4 TexReg 3305; amended to be effective March 12, 2003, 28 TexReg 2099; amended to be effective April 1, 2011, 36 TexReg 1837; amended to be effective September 1, 2011, 36 TexReg 5373

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