Does a Teacher in Texas have to Participate in Social Security?
Full Question:
Answer:
Please see the information at the following links to determine applicability:
http://www.tcta.org/capital/trs/distlist.htm
http://www.tcta.org/politics_government/trs/LastcallforemployeeswithpreviousSocialSecurityTRSexperiencetoutilize1-dayexemption.htm
http://www.atpe.org/Advocacy/Issues/socSec.asp
http://www.opencongress.org/bill/111-h235/show
Please see the following TX statute to determine applicability:
§ 825.405 GOV'T. Contributions Based on Compensation Above Statutory
Minimum
(a) For members entitled to the minimum salary for certain school
personnel under Section 21.402, Education Code, and for members who would
have been entitled to the minimum salary for certain school personnel
under former Section 16.056, Education Code, as that section existed on
January 1, 1995, the employing district shall pay the state's
contribution on the portion of the member's salary that exceeds the
statutory minimum salary.
(b) For purposes of this section:
(1) the statutory minimum salary for certain school personnel under
Section 21.402, Education Code, is the salary provided by that
section multiplied by the cost of education adjustment applicable under
Section 42.102, Education Code, to the district in which the member is employed;
and
(2) the statutory minimum salary for members who would have been
entitled to the minimum salary for certain school personnel under former
Section 16.056, Education Code, as that section existed on January 1,
1995, is a minimum salary computed in the same manner as the minimum
salary for certain school personnel under Section 21.402, Education
Code, multiplied by the cost of education adjustment applicable under
Section 42.102, Education Code, to the district in which the member is
employed.
(b-1) Expired.
(c) Monthly, employers shall:
(1) report to the retirement system in a form prescribed by the system
a certification of the total amount of salary paid above the statutory
minimum salary and the total amount of employer contributions due under
this section for the payroll period; and
(2) retain information, as determined by the retirement system,
sufficient to allow administration of this section, including information
for each employee showing the applicable minimum salary as well as
aggregate annual compensation.
(d) The employer must remit the amount required under this section to
the executive director at the same time that the employer remits the
member's contribution.
(e) After the end of each school year, the retirement system shall
certify to the commissioner of education:
(1) the names of any employing districts that have failed to remit,
within the period required by Section 825.408, all contributions
required under this section for the school year; and
(2) the amounts of the unpaid contributions.
(f) If the commissioner of education receives a certification under
Subsection (e), the commissioner shall direct the comptroller of public
accounts to withhold the amount certified, plus interest computed at the
rate and in the manner provided by Section 825.408, from the first state
money payable to the school district. The amount withheld shall be
deposited to the credit of the appropriate accounts of the retirement
system.
(g) The board of trustees shall take this section into consideration in
adopting the biennial estimate of the amount necessary to pay the
state's contributions to the system.
(h) This section does not apply to state contributions for members
employed by a school district in a school year if the district's
effective tax rate for maintenance and operation revenues for the tax
year that ended in the preceding school year equals or exceeds 125
percent of the statewide average effective tax rate for school district
maintenance and operation revenues for that tax year. For a tax year, the
statewide average effective tax rate for school district maintenance and
operation revenues is the tax rate that, if applied to the statewide total
appraised value of taxable property for every school district in the state
determined under Section 403.302, would produce an amount equal to the
statewide total amount of maintenance and operation taxes imposed in the
tax year for every school district in the state.
(i) Not later than the seventh day after the final date the comptroller
certifies to the commissioner of education changes to the property
value study conducted under Subchapter M, Chapter 403, the comptroller
shall certify to the Teacher Retirement System of Texas:
(1) the effective tax rate for school district maintenance and
operation revenues for each school district in the state for the
immediately preceding tax year; and
(2) the statewide average effective tax rate for school district
maintenance and operation revenues for the immediately preceding
tax year.
