Current through Reg. 49, No. 38; September 20, 2024
(a) Beginning on
the first day of the 2011-2012 school year and thereafter:
(1) Except as provided in paragraph (3) of
this subsection, a member must work in a TRS eligible position and be paid or
receive paid leave from a TRS eligible position at least 90 days during the
school year to receive a year of service credit.
(2) A substitute as defined in §
25.4 of this title (relating to
Substitutes) will be qualified for membership and granted a full year of
service credit by working 90 or more days as a substitute in a school year,
receiving pay for that work, and verifying the work as provided in §
25.121 of this title (relating to
Employer Verification) and §
25.47 of this title (relating to
Deadline for Verification) and paying the actuarial cost for the work as
provided in §
25.43 of this title (relating to
Cost for Unreported Service or Compensation).
(3) In the last school year of service before
retirement, a member serving in an eligible position who worked and was paid
for that work or received paid leave for less than 90 days in the school year
but worked and was paid for that work or received paid leave for a full fall
semester in accordance with the employer's calendar will receive a year of
service credit. If the employer's calendar does not provide for semesters, a
member must work and be paid for work in an eligible position or receive paid
leave from an eligible position for at least 90 days in order to receive a year
of service credit for the school year before retirement.
(4) Days that the employer is scheduled to be
closed for business are not included in the 90 days of work required to receive
a year of service credit unless the day(s) are paid holidays by the employer or
the employee was charged with paid leave during the closing. Holidays that are
not included in the required number of work days for an employee are not
counted as paid holidays or days of paid leave.
(b) For school years prior to the 2011-2012
school year:
(1) Except as provided in
paragraph (2), (3), or (4) of this subsection, a member must serve at least 4
1/2 months in an eligible position during the school year to receive credit for
a year of service.
(2) A member who
served less than four and one-half months in a school year but served a full
semester of more than four calendar months will receive credit for a year of
service.
(3) A substitute as
defined in §
25.4 of this title will be
qualified for membership and granted a full year of service credit by rendering
90 or more days of service as a substitute in a school year and verifying the
service as provided in §
25.121 of this title and §
25.47 of this title and paying
deposits and fees for the service as provided in §
25.43 of this title.
(4) An employee who enters into an employment
contract or oral or written work agreement for a period which would qualify the
employee for a year of service credit under the other provisions of this
section but who actually renders only the amount of service specified in §
25.4 of this title will receive
credit for a year of service credit.
(c) Beginning on the first day of the
2015-2016 school year and thereafter, in lieu of the requirements in subsection
(a) of this section, a member who is serving in a membership eligible position
and who is regularly scheduled to work fewer than 5 days per week, may
establish a year of service credit by working and receiving pay for that work
or using paid leave, for four and one-half months. The four and one-half month
period must include four full calendar months in which the member renders
service and is paid or the member uses paid leave, for at least 8 days and an
additional five days of service rendered and for which the member is paid or
paid leave used in another calendar month or months but not to include the four
full calendar months.
(d) Except as
provided in subsection (a) of this section, for service credit granted in the
school year in which the member retires, in no event may a member receive a
year of service credit earlier than December 31.
