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Texas Government Code - Section 813.511. Credit For Accumulated Annual Leave

Legal Research Home > Texas Laws > Government Code > Texas Government Code - Section 813.511. Credit For Accumulated Annual Leave

§ 813.511. CREDIT FOR ACCUMULATED ANNUAL LEAVE.  (a) A 
member who holds a position included in the employee class of 
membership during the month that includes the effective date of the 
member's retirement and who retires based on service or a 
disability is entitled to service credit in the retirement system 
for the member's annual leave that has accumulated and is unused on 
the last day of employment.
	(b)  A death benefit designee under Section 814.301 or 
814.302 of a member who holds a position included in the employee 
class of membership during the month that includes the member's 
date of death is entitled to service credit in the retirement system 
for the member's annual leave that has accumulated and is unused on 
the member's date of death.
	(c)  Annual leave is creditable in the retirement system at 
the rate of one month of service credit for each 20 days, or 160 
hours, of accumulated annual leave and one month for each fraction 
of days or hours remaining after division of the total hours of 
accumulated annual leave by 160.
	(d)  A member who holds a position included in the employee 
class may use annual leave creditable under this section to satisfy 
service requirements for retirement under Section 814.104 or 
814.107 if the annual leave attributed to the eligibility 
requirements remains otherwise unused on the last day of 
employment.
	(e)  A death benefit designee under Section 814.302 may use 
the deceased member's annual leave credit under this section to 
qualify for making a death benefit plan selection under Section 
814.302.
	(f)  Except as provided by Subsection (g), the disbursing 
officer of each department or agency shall, before the 11th day 
after the effective date of retirement or date of death of one or 
more employees of the department or agency, certify to the 
retirement system:
		(1)  the name of each person:                                                 
			(A)  whose retirement from the department or 
agency, and from state service, became effective during the 
preceding month;  or
			(B)  who died during the preceding month;  and                               
		(2)  the amount of the person's accumulated annual 
leave on the last day of employment or date of death.
	(g)  The disbursing officer of a department or agency that 
employs a member who applies for retirement under Subsection (d) 
shall, not more than 90 or less than 30 days before the effective 
date of the member's retirement, certify to the retirement system 
the amount of the member's accumulated and unused annual leave.  The 
officer shall immediately notify the retirement system if the 
member uses annual leave after the date of certification.
	(h)  On receipt of a certification under Subsection (f) or 
(g), the retirement system shall grant any credit to which a 
retiring member or retiree who is a subject of the certification is 
entitled.  An increase in the computation of an annuity because of 
credit provided by this section after a certification under 
Subsection (f) begins with the first payment that becomes due after 
certification.
	(i)  The retirement system shall cancel the retirement of a 
person who used annual leave creditable under this section to 
qualify for service retirement if the annual leave is otherwise 
used by the person before the effective date of retirement.

Added by Acts 1999, 76th Leg., ch. 1541, § 12, eff. Sept. 1, 
1999.  Amended by Acts 2001, 77th Leg., ch. 1231, § 5, eff. Sept. 
1, 2001.

Last modified: August 11, 2007