Sec. 822.002. EXCEPTIONS TO MEMBERSHIP REQUIREMENT. (a) An employee of the public school system is not permitted to be a member of the retirement system if the employee: (1) is eligible and elects to participate in the optional retirement program under Chapter 830 ; or (2) has retired under the retirement system and has not been reinstated to membership pursuant to Section 824.005 or 824.307 . (b) An employee of a public institution of higher education who is required to be enrolled as a student in the institution as a condition of employment is not permitted to be a member of the retirement system based on that student employment, and compensation paid to the employee for work performed as a student employee is not compensation subject to report and deduction for member contributions or to credit in benefit computations under Section 822.201 .
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