Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994 Page: 4,333
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an ORP participant terminates employment
prior to vesting. It also adds a specific
timetrame, which may provide for a speedier
return of those funds to the originating fund.
Comments were received requesting an in-
crease in the amount of time for the institu-
tions to request refunds from the carriers;
guidance for handling a return of employer
contribution that was made in error; and a
reasonable waiting period for determining
whether a participant has terminated all em-
ployment in Texas public higher education. In
addition, an oral comment was received sug-
gesting the substitution of alternate payee"
for "ex-spouse" because the former term is
used in the applicable statute (Chapter 804,
Texas Government Code) and may include
alternate payees other than the ex-spouse (e.
g. dependent child).
Comments were received from the University
of North Texas and the Texas A&M University
System.
The agency agreed with these comments and
made changes to 25.3(o) and (n) to incorpo-
rate these suggestions.
The amendment is proposed under Texas
Education Code, 61.061 and 61. 065,
which provides the Texas Higher Education
Coordinating Board with the authority to
adopt rules concerning Operational Provi-
sions (Reporting for State Reimbursement).
25.3. ORP Standards.
(a)-(h) (No change.)
(i) An ORP participant who has not
satisfied the vesting requirements in subsec-
tion (a) of this section and becomes em-
ployed in an institution of higher education
in Texas in a position not eligible for the
ORP shall be required to return to member-
ship in the TRS for the remainder of his or
her employment in Texas public higher edu-
cation.
(j) An individual terminates partici-
pation in the ORP only upon death, retire-
ment (including disability retirement), or
termination of employment in all public
institutions of higher education in Texas. A
change of company providing ORP benefits
or a participant's transfer between institu-
tions of higher education is not a termina-
tion of employment.
(k)-(m) (No change.)
(n) Contracts issued under the ORP
shall include a provision that the ORP car-
rier is responsible for qualifying domestic
relations orders and paying benefits in ac-
cordance with Government Code, Title 8,
Chapter 804. The portion of the partici-
pant's account that is awarded to the alter-
nate payee shall be segregated to a separate
account. The alternate payee shall have the
same authority to direct the investment of
the funds in that separate account as did the
participant prior to the domestic relations
order. The alternate payee shall also have
the authority to transfer the funds to any
other company.(o) If a participant terminates em-
ployment prior to satisfying the vesting re-
quirements in subsection (a) of this section
and does not resume participation in Texas
ORP within 90 days of such termination,
the employer contribution remitted for that
participant must be returned to the originat-
ing fund. The institution must send a re-
quest to the ORP carrier for a return of the
employer contribution within 90 days of a
non-vested participant's termination from
all public institutions of higher education in
Texas. Within 30 days of receiving the in-
stitution's request, the carrier must process
a reimbursement and send notification of
the transaction to the employee. The institu-
tion must deposit the reimbursed amount in
the originating fund immediately upon re-
ceipt. If it is determined that an employer
contribution has been returned to the origi-
nating fund in error because the participant
did, in fact, return to employment in Texas
ORP within 90 days of termination, the
institution must immediately return the re-
imbursed amount to the carrier for deposit
in the participant's account.
This agency hereby certifies that the rule as
adopted has been reviewed by legal counsel
and found to be a valid exercise of the agen-
cy's legal authority.
Issued in Austin, Texas, on May 25, 1994.
TRD-9441432 James McWhorter
Assistant Commissioner for
Administration
Texas Higher Education
Coordinating Board
Effective date: June 16, 1994
Proposal publication date: March 15, 1994
For further information, please call: (512)
483-6160
Part II. Texas Education
Agency
Chapter 75. Curriculum
Subchapter H. Promotion and
Alternatives to Social Pro-
motion
* 19 TAC 75.197
The Texas Education Agency (TEA) adopts
new 75.197, concerning the Texas Ad-
vanced Placement (AP) Incentive Program,
with changes to the proposed text as pub-
lished in the March 1, 1994, issue of the
Texas Register (19 TexReg 1433).
Passed by the 73rd Texas Legislature, the
program rewards students, teachers, and
campuses for performance on the College
Board AP examinations. The new rule out-
lines the available awards.
The change in subsection (f)(4) clarifies that
the commissioner of education will determine
the date for filing applications for reimbursals
under this rule.No public comments have been received re-
garding adoption of the new rule.
The new rule is adopted under the Texas
Education Code, Chapter 35, which autho-
rizes the State Board of Education to promul
gate rules regarding the Texas AP Incentive
Program.
75.197. Texas Advanced Placement Inc en
tive Program.
(a) The Texas advanced placemelnt
incentive program is created to recognize
and reward students, teachers, and schools
that demonstrate success in achieving the
educational goals of the state. Awards and
subsidies granted under this section are for
the public purpose of promoting an edu-
cated citizenry.
(b) Types of awards.
(1) A school participating in the
program shall be eligible to receive the
following awards:
(A) a one-time $3,000 equip-
ment grant for providing a college advanced
placement course, based on need as deter-
mined by the commissioner; and
(B) $100 for each student
who receives a score of three or better on a
college advanced placement test.
(2) A teacher who teaches a col-
lege advanced placement course shall be
eligible to receive the following awards-
(A) a subsidy of up to $450
per teacher for teacher training for college
advanced placement courses;
(B) a one-time award of
$250 for teaching a college advanced place-
ment course for the first time; and
(C) a share of the teacher bo-
nus pool proportional to the number of
courses taught that shall be distributed by
the teacher's school. Fifty dollars may be
deposited in the teacher bonus pool for each
student enrolled in the school who scores a
three or better on a college advanced place-
ment test.
(3) A student who receives a
score of three or better on a college ad-
vanced placement test may receive a reim-
bursement of up to $65 for the advanced
placement testing fee. This reimbursement
shall be reduced by the amount of any
subsidies awarded either by the College
Board or under subsection (e) of this sec-
tion.
(c) Award adjustment. The com-
missioner of education shall adjust and pro-
rate by category the sum and number of. ADOPTED RULES June 3, 1994 19 TexReg 4333
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Texas. Secretary of State. Texas Register, Volume 19, Number 41, Pages 4291-4362, June 3, 1994, periodical, June 3, 1994; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth176894/m1/43/?q=%221994-06%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.