(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service credit does not terminate membership in the retirement system unless all of the person’s contributions are withdrawn.

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Terms Used In Texas Government Code 822.003

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005

(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 or 805; 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.