As a condition of employment, an employee must be a member of the Teacher Retirement System if employed in a position in a Texas public educational institution that is eligible for membership in TRS.
Only persons employed in institutions of higher education as full-time faculty and identified by the employer as eligible for the Optional Retirement Program (ORP) may opt out of TRS in order to participate in ORP. See: TRS Rules, Chapter 25, Subchapter M, Optional Retirement Program.
Employment eligible for membership in TRS must meet the three (3) requirements listed below. Membership eligibility in retirement system is established through a single employer:
- Employment must be on a regular basis for either an indefinite period of time e.g., at-will employment, or a definite period of 4½ months or more.
- Employment must be for one-half or more of the time required of the standard workload for the same or similar full-time position.
- Salary must be comparable to the rate of pay earned by other employees in the same or similar position types. The rate of pay is comparable if it is in the range of pay set by the board of trustees or is the customary rate of pay for that position.* **
Membership eligibility for positions requiring a varied work schedule is based on the average of the number of hours worked in a calendar month and the average number of hours worked must equal or exceed one-half of the hours required for a similar full-time position.
*If an employee is working 20 hours or more per week for a definite period of 4½ months or more, the requirement for the comparable rate of pay does not have to be considered.
**Rate of pay should not usually exclude an employee from membership; if requirements number 1 and 2 as listed above are met, contact TRS for review before excluding an employee from membership based solely on rate of pay.
See: TRS Rules Chapter 25, Subchapter A Rules 25.1, Full-time Service.
To determine if employment meets requirement #2 above, the amount of time required of the full-time position must be determined. Generally, a full-time position is one that requires employment of 40 hours per week. For TRS purposes, 40 hours per week is the standard workload unless the reporting employer has established a lesser requirement that does not require substantially less service per week. For example some positions such as those held by support staff may require less than 40 hours per week. However, a full-time position can never be less than 30 hours per week.
If there is no full-time equivalent for a given position, the minimum number of hours required per week that will qualify the position for TRS membership is 15. This requirement applies to all positions, except an adjunct faculty position.
Employment measured in semester or course hours or credits, instructional units, or any other unit representing class or instructional time is to be converted to clock hours and counted as a minimum of two clock hours for each clock hour of instruction in the classroom or lab. This reflects instructional time as well as preparation, grading, and other time typically associated with one hour of instruction. If the employer has established a greater amount of preparation time for each hour in the classroom or lab, the employer’s standard will be used to determine the number of clock hours scheduled for work.
Employment as an instructor of an on-line class taken by students for college credit that is measured or expressed in terms of the number of courses; semester or course hours/credits; instructional units; or other units of time representing class or instructional time must be counted as a minimum of two clock hours for each course hour or semester hour. If the employer has established a greater amount of preparation time for each hour in the classroom or lab, the employer’s standard will be used to determine the number of clock hours scheduled for work.
Employment as an instructor of continuing education, adult education, and/or classes offered to employers or businesses for employee training, that is not measured or expressed in terms of the number of courses; semester or course hours/credits; or instructional unites or other unites of time rather than clock hours and for which the students/participants do not receive college credit must be considered for membership based on the number of clock hours worked.
In addition to the three (3) general requirements for employment eligible for TRS membership, the following are also considered eligible.
Employment as an adjunct professor, if the number of clock hours worked per week is 20 or more and the employment is expected to last more than one semester or in fact does continue for more than one semester. To determine the number of clock hours worked per week, employment measured in semester or course hours or credits, instructional units, or any other unit representing class or instructional time is to be converted to clock hours and counted as a minimum of two clock hours for each clock hour of instruction in the classroom or lab. This reflects instructional time as well as preparation, grading, and other time typically associated with one hour of instruction. If the employer has established a greater amount of preparation time for each hour in the classroom or lab, the employer's standard will be used to determine the number of clock hours scheduled for work.
Concurrent employment in more than one position at the same employer and each position does not meet the requirements of eligible employment is membership eligible if the combined employment at the same employer meets the three (3) requirements for employment eligible, OR Concurrent employment in one position that does not meet the requirements for employment eligible becomes eligible when it is combined with employment in another position that is TRS eligible. See: TRS Rules Chapter 25, Subchapter A, Rule 25.6. Part-Time or Temporary Employment
Employment that does not meet the requirements for eligible employment is eligible, if the member has already earned a TRS creditable year of service for the current school year.
Interim or temporary employment in a vacant position if it is expected to continue for four and one-half months or more or indefinitely until a permanent replacement is found and the search is expected to last four and one-half months or more. Because the position is vacant, the person serving in the position is not considered a substitute for TRS purposes and membership eligibility must be determined based on the amount of work and the length of time the employment is expected to last.
- Employment by a public school after retirement from the Optional Retirement Program (ORP) and the employment is otherwise eligible for TRS membership. See: TRS Laws Chapter 822, Subchapter A, Section 822.001, Membership Requirement and TRS Rules Chapter 25, Subchapter A Rules 25.1, Full-time Service and 25.2, Bus Drivers. When in doubt about eligibility, contact TRS.
Work as a substitute is not eligible for TRS membership. For TRS purposes, the definition of a substitute is a person who serves on a temporary basis in the place of a current employee and paid at the daily rate of pay as set by the employer. For TRS purposes, there is only one term used to denote "substitute" service and only one definition of "substitute" service. Various other terms are used within the public school community which have no meaning within TRS Laws and Rules. Examples are:
- Long-term substitute
- Short-term substitute
- Permanent substitute
Reporting employers generally identify such positions as "substitute" because the rate of pay is based on the rate of substitute pay as approved by the employer. For TRS purposes, the rate of pay does not determine whether or not an individual is a substitute. These other "substitute" terms have no meaning within TRS Laws and Rules and do not determine membership eligibility for individuals serving in those positions. Employment in such positions must be evaluated as to whether or not the employment meets the requirements for TRS membership eligibility.
Working in a vacant position is also not considered substitute service for the purpose of TRS. This type of service should be evaluated to determine if it is membership eligible.
Employment that is part-time is not eligible for TRS membership. For TRS purposes, part-time is defined as employment that is less than one-half the standard workload. See: TRS Rules Chapter 25, Membership Credit, Rule 25.6 Part-time or Temporary Employment.
Employment that is irregular, seasonal, or temporary is not eligible for TRS membership. Irregular employment is a type of temporary employment that occurs sporadically or on an as needed basis. Seasonal employment is a type of temporary employment that occurs at predictable or expected times but is not ongoing. Temporary employment is employment that is expected to last less than four and one-half months in a school year. Employment for an indefinite period of time such as at-will employment is not temporary employment for TRS purposes.
Work as an independent contractor. See: TRS Rules, Chapter 25, Membership Credit, Rule 25.3, Independent or Third-Party Contractor. Also see: TRS Update publication of April 2007, for criteria that can help to determine if someone is an independent contractor or an employee.
Employment by a Texas public college or university when being enrolled as a student is a condition of employment. See: TRS Rules Chapter 25, Membership Credit, Rule 25.10, Student Employment.
- Employment by a Texas public college or university after retirement from TRS or ORP.