Texas Government Code 830.102 – Option to Participate
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(a) A member of the retirement system who is eligible to participate in the optional retirement program may elect to continue as a member of the retirement system or to participate in the optional retirement program.
(b) A person eligible to participate in the optional retirement program on the date the program becomes available at the person’s place of employment must elect to participate in the program no later than August 1 of the calendar year after the year in which the program becomes available.
Terms Used In Texas Government Code 830.102
- 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
- Year: means 12 consecutive months. See Texas Government Code 311.005
(c) Except as provided by Subsections (c-1) and (c-2), a person who becomes eligible to participate in the optional retirement program after the date the program becomes available at the person’s place of employment must elect to participate before the 91st day after becoming eligible.
(c-1) A person who becomes eligible to participate in the optional retirement program and is notified by the person’s employer of the opportunity to participate in the program after the first day and before the 91st day after the date the person becomes eligible must elect to participate in the program before the later of:
(1) the 91st day after the date the person becomes eligible; or
(2) the 31st day after the date the person receives notice of the opportunity to participate in the program.
(c-2) A person who becomes eligible to participate in the optional retirement program and is notified by the person’s employer of the opportunity to participate in the program on or after the 91st day after the date the person becomes eligible must be notified by the employer before the 151st day after the date the person becomes eligible. The person must elect to participate in the program before the later of:
(1) the 151st day after the date the person becomes eligible; or
(2) the 31st day after the date the person receives notice of the opportunity to participate in the program.
(d) An eligible person who does not elect to participate in the optional retirement program is considered to have chosen to continue membership in the retirement system.