~ I~L-CTI r~.Ilj. G.. 1't
ll ], s (_ I_i c} c~ 1 O T1 a T"i Cj C. Ci it 5 1 C~ @ Y-~ a t i O Tl Ci T a ~_i t ~'"1 O Y' ].... 3. i"i ~ I l., ll ~i:~ U : - fi . cr: 'C ~i
(.fit? r,1- n r- m a p r E~ Z 1 m 1 Tl ..l Y' V c~ C.' 1: ~_t ci 1'' 1 ~ 1 :~ t ~_i C] jj ~l:.:; C:1 ? '!- 1 it E' v I-t E? ~:i i 'i: t Tl 'L" 1 a i
costs to "P~_iy Pack" r~~etir~rnent cr"•c:dit.
~it~a.s xt~m w~t3 tat~a.~c1 t~S_ti:, was not ap~;rovr~c~ :~~_c~a~_isEa w~= ]OTl" t
i-~~-gyve tt-~is aptioT~~~.
COMM I SS i ONERS' COURT AGENDA REQUEST
• Dt FASE FURNISH ONE ORIGINAL AND FIVF COPI S OF THIS REQUEST AND DO 1MFNTS
IO BE REVIEWED BY THE COURT.
MADE BY: BARBARA NEMEC OFFICE: TREASURER
MEETING DATE: AUGUST 23, 1994 AM
TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC): DISCUSSION AND CONSIDERATION of AUTHORIZING
TCDRS OFFICE TO PERFORM A PRELIMINARY ACTUARIAL STUDY TO DEFINE THE
POTENTIAL COSTS TO "BUY-BACK" RETIREMENT CREDIT.
EXECUTIVE SESSION REDUESTED: PLEASE STATE REASON
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT:
Time for submitting this request for Court to assure that the matter 1s posted in
accordance with Article 6252-17 is as follows:
• Meetings held on Tues+~ay:
THIS REQUEST RECEIVED BY:
12:00 P. M. previous Wednesday
THIS RECUEST RECEIVED ON: ~
All Agenda Requests will be screened by the County Judge's Ottlce to determine 1
adequate lnformatton has been prepared for the Court's formal conslderatfon and action a
time of Court meetings. Your cooperation will be appreciated and contribute toward
your request being addressed at the eartlest opportunity. See Agenda Request Guidelines.
f	
~'=
~~	Texas Coun and District Retirement SYste~
J
S
fd~3f "~~~'	I
400 West 14th Street • Austin, Texas 78701-1688 • (512) 476-6651 • FAX (512) 47fi-3861
	June 29, 1994
	Ms. Veloric Dolores Carpenter
	HCR 5, Box S71y
	Kerrville, TX 78028
	Re: Erath County, #171-349
	Kerr County, #232-492
BOARD OF TRUSTEES	Dear Ms. Carpenter:
Cfrairman	
Giles Dolby
County Judge	
P Y egarding your previous membership with Kerr County which was
we are in cocci t of our letter r
Garza County	terminated by the withdrawal of your accumulated deposits in July 1472 in the gross amount of
	5534.39. Our records indicate that you had accumulated three (3) years and seven (T) months of
trce~hair<nan	credited service at the time of your refurxi. Specifically, you inquired as to the possibility of
Kathy Hynson	reinstating your forfeited credited service with Kerr County.
County Treasurer
Fort Bend County	
Please be advised that the Commissioners Court or Governing Body of subdivisions that operate under
	the AmuallY Detensined Contributi~rr Rate Ptah CADCR Plan) may, subject to the approval of the
Katy Caldwell	System's Actuary, authorize all current employees, who have terminated previous county or district
County Treasurer	retirement program memberships, to "buy-back" the retirement credit forfeited by the withdrawal of
Harris County	deposits. lie are enclosing a Texas County and District Retirement System Information Handbook and
	would direct your attention to Sections 7.E. and 14.
Maxine Oast	
County Judge	Specifically, the Commissioners Court must request an actuarial study to determine the actuarial cosy
Kauhnan County	implications related to the authorization of "buy-back" privileges. A study would require that the
	subdlvtsion identify all current employees who have withdrawn deposits in the past. Authorization
David U.Florea	would require that the subdivision adopt the Annually Determined Contribution Rate Plan (ADCR Plan)
County Auditor
1Nili'uunson County	and Mould result in an increase in the subdivision's annual contribution rate because pension
	obligations would be increased when previously forfeited service credits are re-purchased [Kerr
Steve Radack	County h~ not adopted the Annually Determined Contribution Rate Ptan (ADCR Plan)7.
County Commissioner
HarrisC~ounty	,
If the Ace;+sry insiica•_es tLc: su:f~ariza.,on or ^buy-back" privileges would not adversely affect ti{e
	subdivisions retirement plan, the Commissioners Court could authorize such privileges in conjunction
Sam D. Seale	with the Annually Determined Contribution Rate Plan (ADCR Plan), If authorized, any person employed
Executive Director	on the date of authorization could repay the deposits previously withdrawn from the System provided
Texas Association	such person has been reemployed for at Least twenty-four (24) consecutive months with that same
ofCoundas	subdivision.
NeldatiYelis Spears	To respond to your question regarding whether you could receive credited service for those months you
Tax-Assessor-Collector	Mere employed as a "part-time" employee in both Kerr and Erath counties, the state law governing the
Travis County	operations of this System requires that the governing body of each Texas County and District
	Retirement System subdivision determine employee eligibility for TCDRS membership and enroll
Bi1lWallis	employees eligible for membership in the subdivision's TCDRS retirement plan, section 841.001(6) of
County Commissioner	the TCDRS Act (Government Code, Title 8, Subtitle F) reads as follows: Employee means a person who
Smith County	is certified by a subdivision as being employed in, or elected ar appointed to, a position or office
	in the subdivision that normally requires services from the person for not less than 900 hours a year
STAFF	and for Mhich the person is compensated by the subdivision. Furthermore, the Commissioners Court of
Terry Horton	a TCDRS County should enroll all eligible employees in the unit's TCORS retirement plan. The
Director	determination of membership eligibility should be based ~ a prospective test rather than a
	retroactive one, i.e., the test is whether the employee occupies a position of employment that is
PatsiHicks	expected to normally require 900 hours of work a year rather than whether the position did nor did
Benefits Administrator	not require 900 hours of work in some past year. In other words, just because the position of
	employment occupied by the employee required more or less than 900 hours in a particular year does
Ray Henry	not necessarily mean that he/she was in a position of employment that could be expected to normally
Compttoiler	require 900 hours or more in succeeding years.
Joseph Cannon Froh	Mile errors in regard to enrollment of eligible members can be corrected, they must be corrected
Manager, Membership	within a reasonable time. If the right to request a different determination as to membership
Communications	eligibility is a "legal" right, the applicable period of limitations is four years. But whether the
	right is legal or equitable, the delay in requesting redetermination beyond the Longest applicable
Gaynor Kendall	period of limitations (i.e., four years) effectively bars the assertion of the right as a state
Legal Counsel	demand.
Robert N. May
Actuary	
If we may be of further assistance, please let us know.
Ron Schultz	Si erely, ~~
~
Imrestment Counsel	c'~~
~ .
V
	Lisa M, Orr
	Member Accounts
	Assistant Supervisor
I~ gyp. 2.•14 atlon of
consl~r to
Dis~$Z~n ~~ offi~Cial
a~.~,ori a pxel~naerY entiaL
~xfon~o defl~Ck x~r~nt
Study „~~
cosy t0
~~jt.
Au~st 23, 1994
Vol `~~ Page 546