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Texas Payroll/Personnel Resource

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Benefit Replacement Pay for State Agencies
(Other Than Institutions of Higher Education)
Leveling

State agencies determine if they will allow their BRP-eligible employees and judges to choose to have their BRP paid in equal installments over the course of a calendar year. This choice, called leveling, must be exercised before the beginning of each calendar year.

If an Agency Prohibits or Disallows BRP Leveling

If an agency prohibits its employees from leveling their BRP, no further action is required unless this is a policy change from the previous year.

If an agency allowed eligible employees to level their BRP during the previous calendar year but is not allowing them to level their BRP for the next calendar year, eligible employees and judges must be notified of this policy change.

If an Agency Allows BRP Leveling

Only those employees or judges whose FICA wages are anticipated to be at least $16,500 during the calendar year may be allowed to choose to level BRP for the year.

If an agency has determined it will allow eligible employees the option to level their BRP:

  • Eligible employees and judges must be notified.
  • The agency must provide eligible employees and judges with the information needed to make an informed decision about leveling their BRP.
  • Leveling election forms must be completed by eligible employees and judges before the beginning of the calendar year and must be maintained by the agency for the current year and the two previous calendar years.
  • Agencies must allow eligible employees and judges at least 30 calendar days to complete the form or to elect the leveling option.

Although leveled employees can expect to receive the same leveled amount of BRP each month in the calendar year, eligible employees and judges should be aware of the following conditions:

  • Their choice to level is irreversible for the calendar year.
  • An employee may be involuntarily removed from leveling if he or she transfers to another agency on a day other than the first workday of the month, if the agency the employee transfers to prohibits leveling or if there is a break in service.
    – and –
  • An eligible employee or judge who terminates before the end of the calendar year will not receive any unpaid portions of BRP.

Source

Texas Government Code, Sections 606.061(3), 659.121, 659.123, 659.125, 659.126, 659.127, 811.001(7).