(a) For purposes of determining eligibility for retirement benefits, a person holding a position in the employee class of membership is considered to be hired before a date specified in a statute or rule if the person:
  (1) Is hired and begins working before the specified date in a position included in the employee class;
  (2) Establishes membership in the employee class by making a contribution to the system during the first payroll cycle after beginning work as specified in paragraph (1) or immediately after completing any applicable waiting period connected with the employment specified in paragraph (1); and
  (3) Complies with subsection (c) of this section.
(b) For purposes of determining eligibility for retirement benefits, a person holding an office in the elected class of membership is considered to have taken office before a date specified in a statute or rule if the person:
  (1) Is elected or appointed to the office, qualifies for the office, and assumes the office before the specified date in a position included in the elected class;
  (2) Establishes membership in the elected class by making a contribution to the system during the first payroll cycle after satisfying the criteria specified in subsection (1) or immediately after completing any applicable waiting period connected with the office specified in subsection (1); and
  (3) Complies with subsection (c) of this section.
(c) Once a person establishes eligibility for retirement benefits under subsection (a) or (b) of this section, in order to sustain such eligibility, the person must maintain membership in either the employee or elected class, or both the employee and elected classes, without interruption until retirement.

Source Note: The provisions of this §73.2 adopted to be effective March 15, 2010, 35 TexReg 2201; amended to be effective June 14, 2010, 35 TexReg 5041; amended to be effective June 10, 2014, 39 TexReg 4486; amended to be effective September 14, 2022, 47 TexReg 5497