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Texas Payroll/Personnel Resource

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Benefit Replacement Pay for Institutions of Higher Education
Transfers, Return-to-Work and Historical Notes

Treatment of Transfers

From Institution to Agency

When an eligible state employee of an institution of higher education transfers to a state agency that is not an institution of higher education, the institution must calculate and report to the agency the amount of BRP the employee has received from the beginning of the calendar year to the effective date of the transfer.

From Agency to Institution

For eligible employees transferring from a state agency to an institution of higher education, the receiving institution must ensure the employee’s compensation exceeds the amount of compensation that would be paid to an ineligible employee in the same position by at least the amount of the BRP increase the employee would have been entitled to based on their Oct. 31, 1995, compensation.

Return-to-Work Retirees

Eligible state employees who retired from state employment on or after June 1, 2005, and who receive an annuity based wholly or partly on service as a state officer or state employee in a public retirement system will be ineligible to receive BRP on reemployment with the state.

Eligible employees who retired before June 1, 2005, must have returned to work before Sept. 30, 2005, in order to remain eligible for BRP.

Examples of Return-to-Work Retirees’ Eligibility for BRP

Retirement Date Return-to-Work Date Were Eligible for BRP Effective Sept. 1, 2005
5/31/2005 7/1/2005 Yes
6/30/2005 8/1/2005 No
1/31/2005 8/1/2005 Yes
1/31/2004 9/1/2004 Yes
8/31/2005 10/1/2005 No

Historical Notes

This guidance, first issued on Dec. 14, 1994, has remained essentially the same since its original issue. However, it has been updated as laws have changed, such as the effect on eligibility by length of termination and by retirement.