TX Civ Stat § 6.01 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities|Part 6. Benefits|Section 6.01. Group a Retirement Pension

Sec. 6.01.  GROUP A RETIREMENT PENSION.  (a)  A Group A member must have 20 years of pension service to be eligible for a Group A retirement pension under this section.  A member's benefit election under this section, once approved, is irrevocable.(a-1)  If a Group A pensioner returns to active service as a police officer or fire fighter with the city, the person's Group A retirement pension ceases until that person again leaves active service with the city.(a-2)  If a Group A pensioner resumes employment with the city in a capacity other than as a police officer or fire fighter, the pensioner's Group A retirement pension continues during the period of employment, except the pensioner may not accrue additional credit for pension service during this period.  Additional credit for pension service does not accrue during any period in which a Group A pensioner becomes employed by the city unless the additional credit is attributable to active service as a police officer or fire fighter with the city.(b)  At age 50 a Group A member is eligible to begin drawing a monthly Group A retirement pension.  A monthly Group A retirement pension equals 50 percent of the base pay per month, plus 50 percent of any longevity pay the Group A member was receiving at the time the member left active service.  Although the number of years used in the computation of longevity pay remains fixed at the earlier of the time a Group A member leaves active service or begins participation in DROP, the monthly rate of longevity pay used in this computation is subject to change in the event of an amendment to the state law governing longevity pay.  The monthly Group A retirement pension benefits of Group A pensioners shall be adjusted from time to time in a like manner.(c)  In addition to the amount computed under Subsection (b) of this section, at age 50, a Group A member is eligible to begin drawing an annual Group A retirement pension.  An annual retirement pension equals 50 percent of the difference between the annualized amount of city service incentive pay and longevity pay.  In determining city service incentive pay and longevity pay for purposes of this element of the annual Group A retirement pension only the following apply:(1)  City service incentive pay is calculated in the same manner as the city service incentive pay is calculated for members currently on active service except:(A)  the annual salary of a Group A pensioner used in calculating city service incentive pay is determined on the basis of the last city civil service rank held by the Group A pensioner when the person was on active service;  however, if the rank no longer exists, its closest equivalent shall be determined by the board and applied; and(B)  the annual salary of a Group A pensioner as determined under Paragraph (A) of this subdivision shall be that amount in effect on the last day of September of each year the Group A pensioner's annual retirement pension is calculated.(2)  Longevity pay shall be calculated as 12 times the amount of monthly longevity pay the Group A pensioner was receiving at the time such person left active service, except that the monthly rate of longevity pay used in this computation is subject to change if an amendment to state law governing longevity pay is enacted.(d)  The element of annual retirement pension computed under Subsection (c)(1) of this section is subject to the following limitations:(1)  it shall be prorated for the year in which the pensioner begins receiving a retirement pension;(2)  it shall be payable only to those Group A pensioners who, as Group A members on active service, received city service incentive pay and who receive a monthly Group A retirement pension as determined under Subsection (b) of this section on the last day of September of each year; and(3)  it shall be paid to Group A pensioners as long as the city continues to pay city service incentive pay to Group A members on active service.(4)  Notwithstanding Subsections (b) and (c) of this section, a Group A member with a minimum of 20 years of pension service may apply for an actuarially reduced retirement pension to begin no earlier than when the member attains age 45 but before the member attains age 50.  The Group A member who has made an application may receive a retirement pension calculated under Subsections (b) and (c) of this section reduced by two-thirds of one percent per month for each whole calendar month the benefit is payable before the month in which the Group A member attains age 50.(e)  At age 55 a Group A member is eligible to begin drawing a monthly retirement pension computed as follows:(1)(A)  at the rate of three percent of base pay for each year, prorated for fractional years, of pension service, with a maximum of 32 years of pension service, or 96 percent of base pay; or(B)  if the Group A member had 34 or more years of pension service as of April 30, 1990, then the member's retirement pension is calculated at the rate calculated under the terms of the combined pension plan in effect on April 30, 1990, if the resulting amount would be greater than the amount calculated under Paragraph (A) of this subdivision; plus(2)  one-half of the longevity pay the Group A member was receiving at the time the person left active service; plus(3)  1/24th, without subsequent adjustment, of the annualized amount of the city service incentive pay the Group A member received at the time the person left active service.(f)   For purposes of Subsection (e) of this section, base pay and longevity pay are the amounts in effect on the earlier of the date the member begins participation in DROP or the date benefits are to begin, without subsequent adjustment.(g)  Notwithstanding Subsection (e) of this section, a Group A member with 20 or more years of pension service may apply for an actuarially reduced Group A retirement pension beginning on or after the date the Group A member attains age 50 but before the person attains age 55.  The Group A member may receive a retirement pension calculated under Subsection (e) of this section reduced by two-thirds of one percent per month for each whole calendar month the benefit is payable before the month in which the Group A member attains age 55.(h)  Entitlement to the Group A retirement pension described by this section is subject to the following conditions:(1)  a written application must be filed with the executive director;(2)  the grant of a Group A retirement pension by the board must be made at a meeting of the board held during the month the retirement pension is to become effective, or as soon after that as administratively possible; and(3)  the Group A member must no longer be on active service.