Sec. 812.003. MEMBERSHIP IN EMPLOYEE CLASS    


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  • (a) Except as provided by Subsections (b) and (d), membership in the employee class of the retirement system includes all employees and appointed officers of every department, commission, board, agency, or institution of the state except:

    (1) independent contractors and their employees performing work for the state; and

    (2) persons disqualified from membership under Section 812.201.

    (b) An office or employment that is included in the coverage of the Teacher Retirement System of Texas, the Judicial Retirement System of Texas Plan One, or the Judicial Retirement System of Texas Plan Two is not a position with a department, commission, board, agency, or institution of the state for purposes of this subtitle.

    (c) Membership in the employee class is mandatory for eligible persons.

    (d) Membership in the employee class begins on the 91st day after the first day a person is employed or holds office.

    (e) A person who is reemployed or who again holds office after withdrawing contributions under Subchapter B for previous service credited in the employee class begins membership in the employee class on the 91st day after the first day the person is reemployed or again holds office.

    (f) A member may establish service credit only as provided by Section 813.514 for service performed during the 90-day waiting period provided by Subsection (d) or (e).

Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1985, 69th Leg., ch. 602, Sec. 5, Sept. 1, 1985. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989; Acts 2003, 78th Leg., ch. 1111, Sec. 12, 41, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 347 , Sec. 4, eff. September 1, 2005.