Texas Administrative Code

(a) The beneficiary of a deceased member who had accumulated at least four years of credited service in the system is eligible to apply for and receive a survivor annuity as described in this section. (b) The annuity payable under this section to an individual beneficiary shall b…

(a) A member of the retirement system, who had coverage in the Group Term Life benefit program during the last month the member was required to make a contribution to the retirement system and who dies within 24 calendar months following that month, is considered to have received…

(a) Requirement. Each school district and open-enrollment charter school shall conduct emergency safety drills in accordance with Texas Education Code (TEC), §37.114. Drills do not include persons role playing as active aggressors or other simulated threats. (b) Definitions and r…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

Texas Administrative Code Title 1 - ADMINISTRATION Title 4 - AGRICULTURE Title 7 - BANKING AND SECURITIES Title 10 - COMMUNITY DEVELOPMENT Title 13 - CULTURAL RESOURCES Title 16 - ECONOMIC REGULATION Title 19 - EDUCATION Title 22 - EXAMINING BOARDS Title 25 - HEALTH SERVICES Titl…

(a) Requirement to implement. In order to promote student safety, on written request by a parent, school district board of trustees, governing body of an open-enrollment charter school, principal, assistant principal, or staff member, as authorized by Texas Education Code (TEC) §…

(a) In addition to the general qualifications for licensure contained in § 103.1 of this chapter (relating to General Qualifications for Licensure), an applicant for dental hygienist licensure by examination must present proof that the applicant has taken and passed the appropria…

(a) A member entitled to retirement may elect to receive, in lieu of a standard retirement benefit, one of the following optional annuities, each of which is a reduced monthly annuity that is the actuarial equivalent of the standard retirement benefit, payable during the lifetime…

(a) A member eligible for retirement must certify to the current marital status of the member on any withdrawal or retirement application filed with the system. (1) A member eligible for retirement who is married may not select a form of payment of a retirement benefit other than…

(a) Pursuant to §§ 843.101 - 843.104 of the Texas Government Code, a subdivision must certify to the system the service performed by employees of the subdivision before the subdivision's participation in the retirement system became effective and must also certify the average pri…

(a) The following words and terms, when used in this section shall have the following meanings unless the context clearly indicates otherwise. (1) Proportionate retirement system--A public retirement system other than the Texas County and District Retirement System (TCDRS) that p…

(a) If a contribution that would otherwise be credited to the member's individual account in the system is deposited after the member's effective retirement date, the retirement annuity shall be recalculated in accordance with this section. (b) The following deposits shall be tre…

(a) Except as provided in subsection (b) of this section, for purposes of determining the current service credit and multiple matching credit of the member under Texas Government Code, § 843.403, the amount deposited by the member (excluding the withdrawal charge and the amounts …

(a) The limitation year used by the retirement system for determining the maximum annual benefit which may be paid under § 415(b) of the Internal Revenue Code of 1986 is the calendar year. Notwithstanding anything to the contrary, the system will make no payments of a retirement …

(a) The following words and terms, when used in this section shall have the following meanings unless the context clearly indicates otherwise. (1) Act--Subtitle F, Title 8, Government Code as amended. (2) Subdivision--A subdivision participating in the retirement system that is s…

As a prerequisite to the biennial renewal of a dental or dental hygiene license, proof of completion of 24 hours of acceptable continuing education is required. (1) Each licensee shall select and participate in the continuing education courses endorsed by the providers identified…

(a) The Board hereby establishes a list of providers for continuing education courses. Unless specifically required by state law or Board rule, the Board shall not accept or approve specific continuing education courses for requirements related to the issuance or renewal of licen…

(a) Any person who is concurrently employed by two or more participating subdivisions shall be considered a covered employee of each. (b) Each employee-member shall make monthly employee contributions at the rate specified in the participation order of the particular employing su…

(a) For the purpose of determining an open-enrollment charter school's initial eligibility to receive funding as provided in Texas Education Code (TEC), §12.106(e), the most recent overall performance rating assigned to the open-enrollment charter school under TEC, Chapter 39, Su…

(a) A member must satisfy the retirement eligibility requirement of the particular subdivision with which the member is applying for retirement. (b) All of a member's credited service in this system, as defined in §841.001(7) of the Act, will be combined and recognized for purpos…

(a) In this section: (1) The term "credited service" means membership service for determining retirement eligibility only. Member contributions and monetary credits are not required or permitted with respect to credited service for qualified military service established after Dec…

(a) An eligible member may receive credited service for service in the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (the USERRA) (38 U.S.C. §4301 et seq.). Notwithstanding any provision to the contrary, the rights and benefit…

(a) In accordance with § 401(a)(37) of the Internal Revenue Code (§104(a) of the HEART Act), the survivors of a member who dies after December 31, 2006, while performing qualified military service under the USERRA, are entitled to any additional benefits (other than benefit accru…

(a) The sponsoring employer is responsible for the correction of an error arising from an act or omission of the employer that results in a person contributing more or less than the correct amount to the system or receiving more or less credited service, service credit or benefit…

(a) Except as otherwise provided by law or rules established by the System, the System shall credit a member with one month of current service for each calendar month for which contributions are made, reported, and certified by the employing subdivision for purposes of determinin…

(a) A participating subdivision may by order authorize the establishment of credited service for service performed by employees of a governmental entity that subsequently: (1) was merged, converted, or otherwise transferred into the participating subdivision; or (2) transferred t…

A participating subdivision must submit the date of termination of employment for each member who is enrolled in the retirement system. The termination date should be submitted to the retirement system within 15 days of the member's termination of employment, or as soon as practi…

(a) A participating subdivision must provide written notice on a form prescribed by the Texas County and District Retirement System (the "system") of the conviction of any member of the system who was elected or appointed to a public office of the participating subdivision and wh…

The director is the custodian of records of the Texas County and District Retirement System. The confidentiality of information about members, retirees, annuitants, or beneficiaries of the system is governed by the Texas Government Code, § 845.115. Notes 34 Tex. Admin. Code § 107…

(a) In this section the term "ineligible benefit payment" means that portion of a payment or distribution, other than a Group Term Life benefit payment, made by the retirement system to, or on behalf of, a living or deceased person who was not legally entitled to the payment at t…

(a) Payments of an annuity that are due a deceased annuitant and have not been made, or have been made but are not negotiable after the annuitant's death are payable to the valid surviving beneficiary of the annuitant on file with the retirement system on the date of the annuitan…

(a) In this section, "leased employee" means a person who is not an employee of a participating subdivision within the meaning of Section 841.001(8), Government Code, or of a controlled entity within the meaning of Section 414(b), (c), (m), or (o) of the Internal Revenue Code of …

(a) The system may accept the funds described in subsections (b) and (c) of this section, subject to the restrictions of this section. (b) If permitted under and subject to the provisions of federal law, the system may accept an eligible rollover distribution from another eligibl…

(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…

The board of trustees shall hold the assets of the system in trust for the exclusive purpose of providing benefits to participants and paying reasonable expenses of administration. It shall be impossible at any time prior to the satisfaction of all liabilities to members and bene…

In accordance with the allocations prescribed in Government Code § 845.315(a), and pursuant to §845.315(a)(5), as of December 31 of each year, the board of trustees shall allocate to the accounts of subdivisions positive or negative amounts as determined by the board of trustees,…

(a) § 844.703 of the Texas Government Code provides that the board may establish criteria for the circumstances under which a subdivision's prior service contribution rate must be based on an amortization period shorter than the standard amortization period approved by the board.…

(a) Pursuant to Government Code, § 843.0031, a member who has withdrawn accumulated contributions from the system and is a contributing member with another participating subdivision or again becomes a contributing member with any participating subdivision may at any time before r…

(a) The retirement system may establish procedures for the acceptance of an eligible rollover distribution, including a direct trustee-to-trustee transfer, from an eligible retirement plan for the payment of any portion of the deposit a member is permitted to make for the purchas…

(a) Distributions without a bona fide termination of employment are prohibited under Texas Government Code, § 842.110(a) and (b). A distribution of benefits to a member before there has been a bona fide termination of employment under Texas Government Code, § 842.110(a) is an in-…

(a) If a member files an application to withdraw all accumulated contributions credited to a member's individual accounts in the employees saving fund pursuant to § 842.108(b), Government Code, the date shown on the first check the system sends or causes to be sent as payment of …

(a) In this section "report" means the combination of all information and contributions required to be provided to and deposited with the system for each month of participation, in accordance with Chapter 845, Subchapter E, Government Code. (b) A due date of a monthly report that…

Unless otherwise provided by statute, the due date for submitting the monthly report, or any portion of the monthly report consisting of all or any part of the required information or all or any portion of the required contributions, may be extended for any particular month by or…

(a) In this section: (1) The term "ACH" (Automated Clearing House) means the legal framework of rules and operational procedures adopted by financial institutions for the electronic transfer of funds. (2) The term "ACH Credit" means an ACH transaction initiated by a subdivision f…

(a) In this section: (1) The term "document" means any form, statement, affidavit, application or report (and related attachments) required to be completed by or on behalf of a principal and filed with the system. (2) The term "electronically filed" means the filing of data trans…

(a) Purpose. Pursuant to Texas Occupations Code Chapter 111, and Texas Occupations Code § 254.001(a), the Board is authorized to adopt rules relating to the practice of dentistry, including teledentistry dental services. This section establishes the standards of practice for tele…

(a) The dentist has special knowledge which a dental patient does not have; therefore, to avoid misunderstanding, the dentist shall advise a patient, before beginning treatment, of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to bec…

Each dentist shall: (1) conduct his/her practice in a manner consistent with that of a reasonable and prudent dentist under the same or similar circumstances; (2) maintain patient records that meet the requirements set forth in § 108.8 of this title (relating to Records of the De…

(a) The term dental records includes, but is not limited to: identification of the practitioner providing treatment; medical and dental history; limited physical examination; oral pathology examination; radiographs; dental and periodontal charting; diagnoses made; treatment plans…