TMRS Member Benefits Guide - December 2023 7
federal Uniformed Services Employment and Reemployment Rights Act (USERRA).
To be eligible under USERRA, you must be re-employed by your city within 90 days of your release or discharge from active
duty, subject to exceptions for recovery from illness or injury incurred or aggravated during your active duty. In addition,
you may choose to submit member contributions that would have been made by your city had you not been called to active
duty. You have up to three times the length of your military service but not more than 60 months after your release or
discharge to make these contributions.
Or you may be eligible to receive Military Service Credit pursuant to specific TMRS plan provisions adopted by your city.
To qualify for Military Service Credit, you must have been called to active duty and not been dishonorably discharged, and
you cannot receive credit for the same military service in any other Texas retirement system.
Buying Back Service Credit
If you refund your account, but then return to work for a TMRS participating city, you may be able to buy back the service
credit you refunded.
To buy back service credit, you must be employed with the city at the time the city adopted the buyback provision. In
addition, you must have 24 consecutive months of service with the city to be eligible to buy back your service credit.
To buy back service credit, you must pay your refunded amount plus interest in a lump sum.
Family and Medical Leave Act (FMLA)
If you take unpaid leave under the federal Family and Medical Leave Act (FMLA), you stop receiving TMRS service credit.
When you return to work, you will start receiving service credit again.
Service with Other Texas Retirement Systems
The State of Texas allows individuals with service in two or more designated retirement systems to combine their service
credit to meet retirement eligibility in each system. TMRS recognizes service with the:
■ Teacher Retirement System of Texas
■ Employees Retirement System of Texas
■ Judicial Retirement System of Texas (Plan 1 or 2)
■ Texas County and District Retirement System
■ City of Austin Employees Retirement System
You must notify TMRS if you have service credit with these systems.
If you refunded your TMRS account, and join one of the systems above, you can get credit for your TMRS service with that
system. This service credit has no monetary value and counts only as time.
Workers’ Compensation
If you receive workers’ compensation payments directly from your city, you continue to receive service credit.
If you receive workers’ compensation payments directly from an insurer, you will not receive service credit unless your city
pays your TMRS contributions based on your workers’ compensation payment.
You should check with your city’s human resources department to determine how workers’ compensation contributions are
administered.