TX Civ Stat § 1 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243h. Municipal Pension System in Cities of 1,500,000 or More|Section 1. Definitions

Sec. 1.  DEFINITIONS.  In this Act:(1)  "Actuarial data" includes:(A)  the census data, assumption tables, disclosure of methods, and financial information that are routinely used by the pension system actuary for the pension system's studies or an actuarial experience study under Section 8D of this Act; and(B)  other data that is reasonably necessary to implement Sections 8A through 8F of this Act, as agreed to by the city and pension board.(1-a)  "Actuarial experience study" has the meaning assigned by Section 802.1014, Government Code.(1-b)  "Adjustment factor" means the assumed rate of return less two percentage points.(1-c)  "Amortization period" means the time period necessary to fully pay a liability layer.(1-d)  "Amortization rate" means the sum of the scheduled amortization payments less the city contribution amount for a given fiscal year for the liability layers divided by the projected pensionable payroll for the same fiscal year.(1-e)  "Assumed rate of return" means the assumed market rate of return on pension system assets, which is seven percent per annum unless adjusted as provided by this Act.(1-f)  "Authorized absence" means:(A)  each day an employee is absent due to an approved holiday, vacation, accident, or sickness, if the employee is continued on the employment rolls of the city or the pension system, receives the employee's regular salary from the city or the pension system for each day of absence, and remains eligible to work on recovery or return; or(B)  any period that a person is on military leave of absence under Section 18(a) of this Act, provided the person complies with the requirements of that section.(2)  "Average monthly salary" means:(A)  the amount computed by dividing the sum of the 78 highest biweekly salaries paid to an employee during years of credited service by 36; or(B)  if there are fewer than 78 biweekly salaries paid to an employee during the employee's period of credited service, the amount computed by multiplying the average of all biweekly salaries paid to the employee during the period of credited service by 26 and dividing the product by 12.(3)  "Benefit accrual rate" means the percentage in Section 10(d) or (e) of this Act for each year of a member's credited service used to compute a pension or benefit.(4)  "City" means a municipality having a population of more than two million.(4-a)  "City contribution amount" means, for each fiscal year, a predetermined payment amount expressed in dollars in accordance with a payment schedule amortizing the legacy liability, using the level percent of payroll method and the amortization period and payoff year, that is included in the initial risk sharing valuation study under Section 8C(a)(3) of this Act, as may be restated from time to time in:(A)  a subsequent risk sharing valuation study to reflect adjustments to the amortization schedule authorized by Section 8E or 8F of this Act; or(B)  a restated initial risk sharing valuation study or a subsequent risk sharing valuation study to reflect adjustments authorized by Section 8C(i) or (j) of this Act.(4-b)  "City contribution rate" means a percent of pensionable payroll that is the sum of the employer normal cost rate and the amortization rate for liability layers, excluding the legacy liability, except as determined otherwise under the express provisions of Sections 8E and 8F of this Act.(4-c)  "Corridor" means the range of city contribution rates that are:(A)  equal to or greater than the minimum contribution rate; and(B)  equal to or less than the maximum contribution rate.(4-d)  "Corridor margin" means five percentage points.(4-e)  "Corridor midpoint" means the projected city contribution rate specified for each fiscal year for 31 years in the initial risk sharing valuation study under Section 8C of this Act, and as may be adjusted under Section 8E or 8F of this Act, and in each case rounded to the nearest hundredths decimal place.(4-f)  "Cost-of-living adjustment percentage" means a percentage that:(A)  except as provided by Paragraph (B), is equal to the pension system's five-year investment return, based on a rolling five-year basis and net of investment expenses, minus the adjustment factor, and multiplied by 50 percent; and(B)  may not be less than zero or more than two percent.(5)  "Credited service" means each day of service and prior service of a member for which:(A)  the city and the member have made required contributions to the pension fund that were not subsequently withdrawn;(B)  the member has purchased service credit or converted service credit from group B to group A by paying into the pension fund required amounts that were not subsequently withdrawn;(C)  the member has reinstated service under Section 7(g) of this Act; and(D)  the member has previously made payments to the pension fund that, under then existing provisions of law, make the member eligible for credit for the service and that were not subsequently withdrawn.(6)  "Deferred participant" means a person who:(A)  has separated from service;(B)  has at least five years of credited service in the pension system;(C)  has not met the eligibility requirements for a normal retirement pension; and(D)  has made an election under Section 17(c) of this Act.(7)  "Dependent child" means an unmarried natural or legally adopted child of a member, deferred participant, or retiree who:(A)  was supported by the member, deferred participant, or retiree before the termination of employment of the member, deferred participant, or retiree; and(B)  is under 21 years of age or is totally and permanently disabled from performing any full-time employment because of an injury, illness, serious mental illness, intellectual disability, or pervasive development disorder that began before the child became 18 years of age and before the termination of employment of the member, deferred participant, or retiree.(8)  "Disability" means the complete and permanent inability of a member to perform the usual and customary duties that the member has been performing as an employee, or any other full-time duties for which the member is reasonably suited by training or experience, as determined by the pension board on the basis of a medical examination and any other evidence the pension board determines is necessary.(9)  "Effective retirement date" means the first day retirement begins for a member or deferred participant who is eligible for retirement.  If the pension system receives a member's application for normal retirement before the member's separation from service or not later than the 90th day after the date of the member's separation from service, the effective retirement date is the later of the first day of the month following the month of separation or the date specified in the application.  If the pension system receives the member's application after the 90th day after the date of the member's separation from service, the effective retirement date is the later of the first day of the month after the pension system receives the application or the date specified in the application.  The effective retirement date for a member who qualifies for a service or ordinary disability retirement is the later of the day following the member's last day of credited service or the date the pension system receives the member's request for disability retirement.(10)  "Eligible survivor" means a surviving spouse or dependent child.(11)  "Employee" means any person, including an elected official during the official's service to the city, who is eligible to be a member of the pension system or to participate in an alternative retirement plan established under this Act and:(A)  who holds a municipal position or a position with the pension system;(B)  whose name appears on a regular full-time payroll of a city or of the pension fund; and(C)  who is paid a regular salary for services.(11-a)  "Employer normal cost rate" means the normal cost rate minus the applicable member contribution rate for newly hired employees, initially set as three percent for group D members on the year 2017 effective date.  The present value of additional member contributions different from the group D rate taken into account for purposes of determining the employer normal cost rate must be applied toward the actuarial accrued liability.(11-b)  "Estimated city contribution amount" means the city contribution amount estimated in a final risk sharing valuation study under Section 8B or 8C of this Act, as applicable, as required by Section 8B(a)(5) of this Act.(11-c)  "Estimated city contribution rate" means the city contribution rate estimated in a final risk sharing valuation study under Section 8B or 8C of this Act, as applicable, as required by Section 8B(a)(5) of this Act.(11-d)  "Estimated total city contribution" means the total city contribution estimated by the pension system actuary or the city actuary, as applicable, by using the estimated city contribution rates and the estimated city contribution amounts recommended by each actuary for purposes of preparing the initial risk sharing valuation study under Section 8C of this Act.(11-e)  "Fiscal year," except as provided by Section 1B of this Act, means a fiscal year beginning on July 1 and ending on June 30.(11-f)  "Funded ratio" means the ratio of the pension system's actuarial value of assets divided by the pension system's actuarial accrued liability.(11-g)  "Legacy liability" means the unfunded actuarial accrued liability:(A)  for the fiscal year ending June 30, 2016, reduced to reflect:(i)  changes to benefits and contributions under this Act that took effect on the year 2017 effective date;(ii)  the deposit of pension obligation bond proceeds on December 31, 2017, in accordance with Section 8C(j)(2) of this Act; and(iii)  payments by the city and earnings at the assumed rate of return allocated to the legacy liability from July 1, 2016, to July 1, 2017, excluding July 1, 2017; and(B)  for each subsequent fiscal year:(i)  reduced by the city contribution amount for that year allocated to the amortization of the legacy liability; and(ii)  adjusted by the assumed rate of return.(11-h)  "Level percent of payroll method" means the amortization method that defines the amount of the liability layer recognized each fiscal year as a level percent of pensionable payroll until the amount of the liability layer remaining is reduced to zero.(11-i)  "Liability gain layer" means a liability layer that decreases the unfunded actuarial accrued liability.(11-j)  "Liability layer" means the legacy liability established in the initial risk sharing valuation study under Section 8C of this Act and the unanticipated change as established in each subsequent risk sharing valuation study prepared under Section 8B of this Act.(11-k)  "Liability loss layer" means a liability layer that increases the unfunded actuarial accrued liability.  For purposes of this Act, the legacy liability is a liability loss layer.(12)  "Marriage" means a marriage in which:(A)  a marriage certificate is recorded in the records of the county clerk's office in the county in which the marriage ceremony was performed; or(B)  in the case of a common-law marriage, a marriage declaration is executed by the couple and recorded in the records of the county clerk's office in the county in which the couple resides.  For separations from service after June 29, 2002, a marriage that is evidenced by a declaration of common-law marriage signed before a notary public after June 30, 2002, may not be treated as effective before the date it was signed before the notary public.(12-a)  "Maximum contribution rate" means the rate equal to the corridor midpoint plus the corridor margin.(12-b)  "Minimum contribution rate" means the rate equal to the corridor midpoint minus the corridor margin.(13)  "Member" means each active employee included in the pension system, except for an employee who is ineligible under Section 4 of this Act.(14)  "Military service" means active service in the armed forces of the United States or wartime service in the armed forces of the United States or in the allied forces, if credit for military service has not been granted under any federal or other state system or used in any other retirement system, except as expressly required under federal law.(14-a)  "Normal cost rate" means the salary weighted average of the individual normal cost rates determined for the current active population, plus the assumed administrative expenses determined in the most recent actuarial experience study conducted under Section 8D of this Act, expressed as a rate, provided the assumed administrative expenses may not exceed 1.25 percent of pensionable payroll for the current fiscal year unless agreed to by the city.(14-b)  "Payoff year" means the year a liability layer is fully amortized under the amortization period.  A payoff year may not be extended or accelerated for a period that is less than one month.(15)  "Pension" means a benefit payable to a retired member out of the pension fund based on a disability or service retirement.(16)  "Pension board" means the board of trustees of the pension system created under Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes), and reenacted and continued under this Act for the purpose of administering the pension system.(17)  "Pension fund" means assets consisting of the contributions made by the city, contributions made by any member, and any income, profits, or other amounts resulting from the investment of those contributions.(17-a)  "Pension obligation bond" means a bond issued in accordance with Chapter 107, Local Government Code.(18)  "Pension system," unless the context otherwise requires, means the retirement, disability, and survivor benefit plans for municipal employees of a city under this Act and employees under Section 3(d) of this Act.(18-a)  "Pension system actuary" means the actuary engaged by the pension system under Section 2B of this Act.(18-b)  "Pensionable payroll" means the combined salaries, in an applicable fiscal year, paid to all:(A)  members; and(B)  if applicable, participants in any alternative retirement plan established under Section 1C of this Act, including a cash balance retirement plan established under that section.(19)  "Predecessor system" means the retirement system authorized by Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes).(20)  "Previous service" means any service as an employee, other than prior service, that preceded a member's current period of employment.(20-a)  "Price inflation assumption" means:(A)  the most recent headline consumer price index 10-year forecast published in the Federal Reserve Bank of Philadelphia Survey of Professional Forecasters; or(B)  if the forecast described by Paragraph (A) of this subdivision is not available, another standard as determined by mutual agreement between the city and the pension board entered into under Section 3(n) of this Act.(21)  "Prior service" means any service performed as an employee before September 1, 1943.(21-a)  "Projected pensionable payroll" means the estimated pensionable payroll for the fiscal year beginning 12 months after the date of the risk sharing valuation study prepared under Section 8B of this Act, at the time of calculation by:(A)  projecting the prior fiscal year's pensionable payroll forward two years using the current payroll growth rate assumptions; and(B)  adjusting, if necessary, for changes in population or other known factors, provided those factors would have a material impact on the calculation, as determined by the pension board.(22)  "Retiree" means a former member of the pension system who:(A)  has separated from service;(B)  has met the eligibility requirements for a deferred retirement pension, normal retirement pension, or disability pension under this Act; and(C)  is receiving a deferred retirement pension, normal retirement pension, or disability pension under this Act based on service that was credited to the person.(23)  "Salary" means base pay, longevity pay, and shift-differential pay paid to an employee and attributable to services rendered by the employee, regardless of how the employee was paid.(24)  "Separation from service" means the cessation of work for the city or the pension system in an eligible position covered by this Act for any reason involving the person's removal from the employment rolls of the city or the pension system, including death, discharge, resignation, or retirement, the effective date of which shall be certified by the city or the pension system.  The term includes the termination of employment.(25)  "Service" means each day of services and work performed by an employee, including an authorized absence.  The term does not include a period in which a person:(A)  is a DROP participant;(B)  is suspended from duty without pay;(C)  is on leave of absence without pay;(D)  is ineligible for membership under Section 4 of this Act; or(E)  is separated from service.(26)  "Surviving spouse" means a spouse by marriage of a member, deferred participant, or retiree at the time of death of the member, deferred participant, or retiree and as of the date of separation from service by the member, deferred participant, or retiree.(26-a)  "Third quarter line rate" means the corridor midpoint plus 2.5 percentage points.(26-b)  "Total city contribution" means, for a fiscal year, an amount equal to the sum of:(A)  the city contribution rate multiplied by the pensionable payroll for the fiscal year; and(B)  the city contribution amount for the fiscal year.(27)  "Trustee" means a trustee of the pension board.(28)  "Ultimate entry age normal" means an actuarial cost method under which a calculation is made to determine the average uniform and constant percentage rate of contributions that, if applied to the compensation of each member during the entire period of the member's anticipated covered service, would be required to meet the cost of all benefits payable on the member's behalf based on the benefits provisions for newly hired employees.  For purposes of this definition, the actuarial accrued liability for each member is the difference between the member's present value of future benefits based on the tier of benefits that apply to the member and the member's present value of future normal costs determined using the normal cost rate.(29)  "Unfunded actuarial accrued liability" means the difference between the actuarial accrued liability and the actuarial value of assets.  For purposes of this definition:(A)  "actuarial accrued liability" means the portion of the actuarial present value of projected benefits attributed to past periods of member service based on the cost method used in the risk sharing valuation study prepared under Section 8B or 8C of this Act, as applicable; and(B)  "actuarial value of assets" means the value of pension plan investments as calculated using the asset smoothing method used in the risk sharing valuation study prepared under Section 8B or 8C of this Act, as applicable.(30)  "Unanticipated change" means, with respect to the unfunded actuarial accrued liability in each subsequent risk sharing valuation study prepared under Section 8B of this Act, the difference between:(A)  the remaining balance of all then-existing liability layers as of the date of the risk sharing valuation study; and(B)  the actual unfunded actuarial accrued liability as of the date of the risk sharing valuation study.(31)  "Year 2017 effective date" means the date on which S.B. No. 2190, Acts of the 85th Legislature, Regular Session, 2017, took effect.