Tex. Gov't Code Section 822.003
Termination of Membership


(a)

A person terminates membership in the retirement system by:

(1)

death;

(2)

retirement;

(3)

withdrawal of all of the person’s contributions while the person is absent from service; or

(4)

not qualifying for service credit for five consecutive years.

(b)

Termination of membership under Subsection (a)(4) is effective on the first September 1 that occurs after the non-qualifying years. If a person, regardless of age, has five or more years of service credit, failure to qualify for additional service credit does not terminate membership in the retirement system unless all of the person’s contributions are withdrawn.

(c)

A person does not terminate membership under Subsection (a)(4) if the person:

(1)

is performing military service creditable in the retirement system;

(2)

is on leave of absence from employment in a public school;

(3)

is earning service credit in another retirement system covered by Chapter 803 (Proportionate Retirement Program) or 805 (Credit Transfer Between Employees Retirement System of Texas and Teacher Retirement System of Texas); or

(4)

is employed by an employer covered by the retirement system and is not eligible for membership in the retirement system because the person is employed on less than a half-time basis.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1989, 71st Leg., ch. 835, Sec. 2, eff. Sept. 1, 1989. Renumbered from Vernon’s Ann.Civ.St. Title 110B, Sec. 32.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(b), (m), eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 555, Sec. 4, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1102 (H.B. 2974), Sec. 3, eff. September 1, 2015.

Source: Section 822.003 — Termination of Membership, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­822.­htm#822.­003 (accessed Jun. 5, 2024).

Accessed:
Jun. 5, 2024

§ 822.003’s source at texas​.gov