Retirement Programs UPPS
No. 04.04.52
Issue No. 9
Effective Date: 02/20/2009
Review: December 1 E4Y
01. POLICY STATEMENT
01.01 This
UPPS will identify and briefly describe the four retirement programs available
at the University: Teacher Retirement System (TRS), Optional Retirement Program
(ORP), Tax Deferred Account Program (TDA), and Deferred Compensation Program
(DCP). This UPPS also briefly describes the retiree insurance programs offered
through the Employees Retirement System of Texas (ERS). Human Resources has detailed
information for all available programs.
02. RETIREMENT PROGRAM ELIGIBILITY CRITERIA
02.01 A
regular employee is defined as one who is employed to work at least twenty
hours per week for a period of at least four and one-half months, excluding
students employed in positions which require student status as a condition of
employment.
02.02 All
regular university employees must become members of either the Teacher
Retirement System (TRS) or the Optional Retirement Program (ORP). TRS enrollment
occurs automatically on the first day of employment.
Full-time faculty, librarians and certain professionals and administrators have ninety calendar days to make a one-time irrevocable decision to enroll in the ORP in lieu of TRS. TRS will refund contributions made prior to electing ORP.
Employees
can review the distinct differences between TRS and ORP on the Human Resources
website, which offers an overview of TRS and ORP for employees eligible to elect
ORP.
Chapter
25, Rules and Regulations of the Texas Higher Education Coordinating Board lists
ORP eligibility criteria. The University Pay Plan indicates positions eligible for ORP.
02.03 Participation in the TDA and DCP programs is voluntary, is in addition to membership in the TRS or ORP, and is available to both TRS and ORP participants.
03. DEFINITIONS
03.01 Teacher
Retirement System (TRS) – TRS is a tax-deferred defined-benefit plan in
which investment risks are absorbed by the state. Both the employee and the
employer make contributions to TRS based on legislatively-determined
percentages of the employee's salary. Contributions go into a large trust fund
that is managed by the TRS. It provides stability and does not require any investment
decisions from individual members. Benefits are available for retirement,
disability and death. Retirement benefits are based on a
legislatively-determined formula that uses highest salary and number of years
of service at certain ages. Retirement income is provided for a specified
number of years or for life. Upon termination from Texas public education, TRS
members who do not desire a retirement benefit may withdraw employee
contributions (plus interest). Employer contributions remain with TRS.
03.02 Optional
Retirement Program (ORP) – ORP is a tax-deferred defined-contribution plan
under IRS section 403(b) in which each participant selects from a variety of
investments offered by several companies through annuity contracts and mutual
fund investments. Both the employee and the employer make contributions to ORP
based on legislatively-determined percentages of the employee's salary. Since
participants manage their own personal investment accounts, ORP entails more
individual risk and responsibility than that associated with TRS membership.
Benefits are a direct result of the amounts contributed and the return on
investments made by each participant. Upon termination from Texas public higher
education, ORP participants who have more than one year of participation retain
control over all investments (both employee and employer contributions). Participants
with one year or less participation must return employer contributions to Texas
State. Individual contract provisions and federal income tax law determine post-termination
distributions. Vendors use varying fees, “loads,” or interest to pay
administrative costs.
03.03 ORP
Employer Contribution Rate
a. Effective September 1, 1991, the Texas Legislature changed the employer contribution rate from 8.5% to 7.31%. Texas State authorized the use of other funds to provide a supplement for all participants (new or continuing) to restore the 8.5% rate.
b. Effective
September 1, 1995, the Texas Legislature reduced the employer contribution rate
to 6% and all new participants became ineligible for the supplement. For
grandfathered participants who were contributing on August 31, 1995, Texas
State authorized the use of other funds to continue providing the supplement
for a total rate of 8.5%.
c. Effective June 23, 2003, the Texas
Legislature allowed any participant enrolled in Texas ORP at any time before
September 1, 1995 (without a service break) to receive the grandfathered 8.5%
contribution rate. The Legislature considers an employee transferring from a
non-Texas ORP, who has never enrolled in a Texas ORP, a new participant and
only eligible for the 6% contribution rate.
d. Effective
September 1, 2007, the Texas Legislature increased the employer contribution rate
to 6.58%. Grandfathered participants continued to receive the supplement for a
total rate of 8.5%.
03.04 Tax
Deferred Account (TDA) – The TDA Program is a voluntary 403(b) plan which
provides an opportunity for employees to save pre-tax dollars from their
salaries in addition to either TRS or ORP. There are no employer contributions
under this program. A salary reduction agreement signed by the employee at any
time of the year authorizes Texas State to send pre-tax salary amounts to a TDA
with an approved carrier.
A
Roth 403(b) option is also available with some vendors. Contributions are
after-tax, however, earnings are not taxed if certain conditions are met.
The IRS determines the maximum allowable
contribution. Only after an employee separates from service, dies, reaches 59˝
years of age, becomes disabled or qualifies for financial hardship, may that
employee make a withdrawal.
03.05 Deferred
Compensation Program (DCP) – Called Texa$aver, this voluntary 457
retirement plan administered by the Employees Retirement System of Texas allows
employees to contribute a portion of their salary toward retirement savings and
pay taxes later on the contributions and earnings.
The IRS determines the maximum allowable deferral.
Only after an employee separates from service, dies, reaches 70˝ years of age,
or qualifies for financial hardship, may an employee make a withdrawal. Loans
are permitted under certain circumstances.
03.06 Years
of Service – Years of service include all prior service where an employee contributed
to ORP, TRS or ERS retirement programs, as verified by each retirement system.
04. PROCEDURES FOR APPROVAL OF ORP AND TDA
CARRIERS
04.01 Companies desiring approval to solicit
ORP or Tax Deferred Account contracts must submit the required documentation
according to the university’s vendor specifications as approved by the Texas State
University System (TSUS) Board of Regents.
Vendor
specifications and application procedures are available on the Human Resources
website.
04.02 Human
Resources staff will review all applications submitted and notify vendors of
approval or rejection. The Human Resources website lists approved vendors and
representatives.
05. PROCEDURES FOR RETIREMENT
05.01 An
employee must meet the following minimum eligibility requirements to retire from
Texas State under either ORP or TRS:
a. when
age plus service equals eighty with at least five years of service credit and
the employee was a member prior to September 1, 2007;
b. when
age equals sixty-five with at least five years of service credit;
c. age
fifty-five with five or more years of service (for a reduced annuity);
d. any
age below fifty with thirty or more years of service;
e. age
plus service equals eighty but under age sixty if the employee became a member
on or after September 1, 2007; or
f. any
age if approved for "disability retirement".
Service is defined as any combination of creditable service as a member of TRS or the ORP in the State of Texas.
05.02 The employee should notify his or her supervisor of an intended retirement date at least thirty days in advance or more if possible.
05.03 A
TRS employee should contact TRS four to six months prior to the date of
retirement and submit a "Request for Estimate of Retirement Benefits"
form (TRS18). Members must file an "Application of Service Retirement"
form (TRS30) with TRS before the effective date of retirement which is always
the last day of the retirement month.
An
ORP employee should contact his or her individual carrier or carriers to make
arrangements for distribution of funds. An employee may delay distribution, if
desired. The IRS requires a minimum distribution at age 70˝.
05.04 The
employee should contact Human Resources a minimum of thirty days in advance of
retirement to complete necessary paperwork and insurance enrollment forms. Retiree
insurance enrollment is open for thirty days after retirement (if applicable). See
Section 06 for further information on retiree insurance eligibility and
options.
05.05 Human
Resources will notify University Advancement of new retirees. University Advancement will coordinate special
privileges for retirees as outlined in UPPS No. 04.04.53,
Honors and Benefits for Retired Faculty and Staff.
05.06 The supervisor should initiate a "Separation Checklist" as required in UPPS No. 04.04.50, Faculty, Staff, and Graduate Student Checkout Procedures--Separation of Employment.
06. RETIREE INSURANCE ELIGIBILITY CRITERIA
06.01 Retiree insurance eligibility requires that the employee meet one of the following criteria:
a. Age
plus service equals or exceeds eighty;
b. Age
equals or exceeds sixty-five and service equals or exceeds ten;
1) If
hired on or after September 1, 2001, the employee must have been enrolled in
the Group Benefit Program (GBP, formerly UGIP), all ten years of service.
2) If
hired before September 1, 2001, the employee must have been enrolled in the GBP
for three of the ten years of service.
c. Age fifty-five with at least ten years of service will allow the retiree to enroll in retiree insurance when he or she reaches age sixty-five.
06.02 If a retiree meets the criteria stated in Section 06.01 c., the retiree may bridge the gap between age fifty-five and age sixty-five, or until the time the retiree meets the rule of 80, with a combination of COBRA and GBP interim coverage provided through ERS, at the retiree’s expense provided the retiree:
a. served
in a position eligible to participate in the GBP as an employee on or before
August 31, 2003; and
b. at
the time of retirement meets the requirements for retiree health insurance as
those requirements existed on August 31, 2003.
07. PROCEDURES FOR EMPLOYMENT AFTER
RETIREMENT
07.01 TRS
Service Retirees – Beginning one full calendar month after the retirement
date, retirees may work in Texas public education without affecting their
annuity as follows:
a. on a half-time or less basis during any month
or
b. more
than half time for six months during a school year.
Retirees who retired prior to January 1, 2001 may return to work without restrictions.
Note: This policy provides general guidelines; retirees should double check with TRS before accepting employment.
07.02 The university must pay a pension surcharge equal to the employee plus employer contribution for a TRS retiree who:
a. works in a benefit-eligible position, and
b. retired from TRS on or after September 1, 2005.
07.03 ORP
Retirees – Beginning one full calendar month after the retirement date,
retirees may return to work without any restrictions.
07.04 Faculty
should refer to UPPS No. 04.04.51, Phased Retirement Plan for Faculty
or check with the Office of the Provost for details.
08. PROCEDURES FOR OBTAINING INFORMATION AND
EVALUATION
08.01 Human Resources will maintain current information on all retirement programs, including a list of all approved TDA and ORP carriers and will process all retirement program applications.
08.02 Contact
Human Resources to obtain information for evaluating TDA and ORP carriers and
products.
09. SUMMARY OF RESPONSIBILITIES
Action Responsibility
Keep retirement policy current in
Staff Human Resources
Handbook
Keep retirement policy current in
Faculty Office of the Provost
Handbook
Maintain current information on all Human Resources
retirement programs
Apply for ORP if eligible Employee
Process applications for all
retirement Human Resources
programs
Initiate voluntary retirement request Employee
Retirement counseling processing Administrative Head/
Human
Resources
Honors for retiring employees Administrative
Head and
University
Advancement
10. REVIEWERS OF THIS UPPS
10.01 Reviewers of this UPPS include the following:
Position Date
Director, Human Resources December 1 E4Y
Chair, Faculty Senate December 1 E4Y
Chair, Staff Council December 1
E4Y
11. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Director
of Human Resources; senior reviewer of this UPPS
Vice
President for Finance and Support Services
President