(a) Actual compensation paid to a member is used in computing the highest five-years' average compensation. The computation of average compensation for members with credit transferred from the Employees Retirement System of Texas ("ERS") may not include compensation for any month which was credited or should have been credited by the ERS if the member received compensation for service the same month covered by the Teacher Retirement System of Texas.
(b) A member eligible under §51.12 of this title (relating to Applicability of Certain Laws in Effect Before September 1, 2005) is eligible for computation of average compensation using a three-year salary average instead of a five-year salary average, as provided by §824.203(a), Government Code, prior to its amendment effective September 1, 2005, by Senate Bill 1691, 79th Legislature, Regular Session (2005).

Source Note: The provisions of this §29.4 adopted to be effective January 1, 1976; amended to be effective September 26, 1979, 4 TexReg 3308; amended to be effective October 1, 1982, 7 TexReg 3368; amended to be effective December 29, 2005, 30 TexReg 8697