reglab/housing_qa huggingface dataset:
TX Govt Code § 815.5072 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.5072. Excess Benefit Arrangement

Sec. 815.5072.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system.  This excess benefit arrangement shall be administered as a governmental excess benefit arrangement under Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess benefit arrangement is to pay to annuitants of the retirement system benefits otherwise payable by the retirement system that exceed the limitations on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).(b)  The board of trustees is responsible for the administration of this arrangement.  Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities concerning the excess benefit arrangement as it has to the trust fund.(c)  Benefits under this section are exempt from execution to the same extent as provided by Section 811.005, except that the benefits are completely unassignable.  Contributions to this arrangement are not held in trust and may not be commingled with other funds of the retirement system.(d)  An annuitant is entitled to a monthly benefit under this section in an amount equal to the amount by which the benefit otherwise payable by the retirement system has been reduced by the limitation on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).  The benefit payable by this arrangement is payable at the times and in the form that the benefit payable under the trust fund is paid.(e)  The benefit payable under this section shall be paid from state contributions that otherwise would be made to the trust fund under Section 815.403.  In lieu of deposit in the state accumulation account, an amount determined by the retirement system to be necessary to pay benefits under this section shall be paid monthly to the credit of a dedicated account in the general revenue fund maintained only for the excess benefit arrangement.  The account may include amounts needed to pay reasonable and necessary expenses of administering this arrangement.  The monthly amount to be paid to the credit of the account shall be transferred to the account at least 15 days before the date of a monthly disbursement under this section.(f)  The board of trustees may adopt rules governing the excess benefit arrangement that are necessary for the efficient administration of the arrangement in compliance with Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).|Added by Acts 1997, 75th Leg., ch. 1048, Sec. 21, eff. Sept. 1, 1997.|
TX Govt Code § 815.508 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.508. Complaint Files

Sec. 815.508.  COMPLAINT FILES.  (a)  The retirement system shall keep an information file about each complaint filed with the system that the system has authority to resolve.(b)  If a written complaint is filed with the retirement system that the system has authority to resolve, the system, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.|Added by Acts 1993, 73rd Leg., ch. 791, Sec. 25, eff. Sept. 1, 1993.|
TX Govt Code § 815.509 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.509. Advisory Committees

Sec. 815.509.  ADVISORY COMMITTEES.  (a)  The board of trustees may establish advisory committees as it considers necessary to assist it in performing its duties.  Members of advisory committees established under this section serve at the pleasure of the board.(b)  Notwithstanding any other law to the contrary, the board of trustees by rule shall determine the amount and manner of any compensation or expense reimbursement to be paid members of an advisory committee performing service for the retirement system for performing the work of the advisory committee.  All compensation and expense reimbursements for an advisory committee established under this section are payable from the expense account.|Added by Acts 1993, 73rd Leg., ch. 791, Sec. 26, eff. Sept. 1, 1993.|
TX Govt Code § 815.5091 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.5091. Membership on Advisory Committee on Investments

Sec. 815.5091.  MEMBERSHIP ON ADVISORY COMMITTEE ON INVESTMENTS.  (a)  The board of trustees may, under the investment duties delegated to the board by Section 67, Article XVI, Texas Constitution, establish an investment advisory committee as the board considers necessary to assist the board in its investment duties.(b)  A person appointed to serve as a member of an advisory committee established by the board of trustees to provide advice to the board on investments and investment-related issues must be:(1)  a person with expertise in the management of a financial institution or other business in which investment decisions are made; or(2)  a prominent educator in the field of economics, finance, or another investment-related area.(c)  A person appointed to serve as a member of a committee described by Subsection (b) shall assist the board of trustees in carrying out the board's fiduciary duties with regard to the investment of the assets of the retirement system and related duties under this chapter and Chapter 609.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1001 (H.B. 2193), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 815.5092 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.5092. Ineligibility for Membership on Advisory Committee on Investments

Sec. 815.5092.  INELIGIBILITY FOR MEMBERSHIP ON ADVISORY COMMITTEE ON INVESTMENTS.  (a)  A person is not eligible for appointment to an advisory committee established by the board of trustees to provide advice to the board on investments and investment-related issues if the person or the person's spouse:(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the retirement system;(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the retirement system; or(3)  is a paid officer, employee, or consultant of a Texas trade association in the field of insurance or investment.(b)  A person is not eligible for appointment to a committee described by Subsection (a) if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business or an association related to the investment of the assets of this state or of the retirement system.(c)  In this section, "Texas trade association" has the meaning assigned by Section 815.0031.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1001 (H.B. 2193), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 815.5093 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.5093. Review of and Removal From Advisory Committee on Investments

Sec. 815.5093.  REVIEW OF AND REMOVAL FROM ADVISORY COMMITTEE ON INVESTMENTS.  (a)  The board of trustees shall at least annually review the eligibility status of members serving on an advisory committee established to provide advice to the board on investments and investment-related issues.(b)  It is a ground for removal from a committee described by Subsection (a) that a person is:(1)  not qualified for appointment to the committee under Section 815.5091 or 815.5092;(2)  unable to discharge the person's duties on the committee because of illness, disability, or other personal circumstances; or(3)  absent from more than half of the scheduled meetings of the committee that the person is eligible to attend during a calendar year.(c)  If the executive director or a member of the advisory committee has knowledge that a potential ground for removal exists, the executive director or committee member shall notify the presiding officer of the board of trustees of the potential ground for removal.(d)  This section does not limit the power of the board of trustees to remove a person from the advisory committee under Section 815.509(a).(e)  The board of trustees may prescribe the process for removal from a committee described by Subsection (a).|Added by Acts 2011, 82nd Leg., R.S., Ch. 1001 (H.B. 2193), Sec. 1, eff. September 1, 2011.|
TX Govt Code § 815.510 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.510. Annual Report

Sec. 815.510.  ANNUAL REPORT.  (a)  The Employees Retirement System of Texas shall submit a report not later than the 25th day of the month following the end of each fiscal year to the governor, the lieutenant governor, the speaker of the house of representatives, the executive director of the State Pension Review Board, the appropriate oversight committees of the house and senate, and the Legislative Budget Board.  The report shall include the following:(1)  the current end-of-fiscal-year market value of the trust fund;(2)  the asset allocations of the trust fund expressed in percentages of stocks, fixed income, cash, or other financial investments;  and(3)  the investment performance of the trust fund utilizing accepted industry measurement standards.(b)  The report required by this section is the only periodic report of investments required to be made by the retirement system other than a report required by Section 815.108 or the General Appropriations Act.|Added by Acts 1993, 73rd Leg., ch. 791, Sec. 26, eff. Sept. 1, 1993.  Amended by Acts 1997, 75th Leg., ch. 1048, Sec. 22, eff. Sept. 1, 1997.|
TX Govt Code § 815.511 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.511. Administrative Decision; Appeal and Negotiation

Sec. 815.511.  ADMINISTRATIVE DECISION;  APPEAL AND NEGOTIATION.  (a)  A person aggrieved by a decision of the retirement system relating to any program or system administered by the system under this code denying or limiting membership, service credit, or eligibility for or the amount of benefits payable under the program or system may appeal the decision to the board of trustees.(b)  The executive director or the executive director's designee may refer an appeal made under Subsection (a) to the State Office of Administrative Hearings for a hearing or employ, select, or contract for the services of an administrative law judge or hearing examiner not affiliated with the State Office of Administrative Hearings to conduct a hearing.  This subsection prevails over any other law to the extent of any conflict.(c)  An appeal under this section is considered to be a contested case under Chapter 2001.  The appellant in a contested case under this section has the burden of proof on all issues, including issues in the nature of an affirmative defense.(d)  The board of trustees may in its sole discretion make a final decision on a contested case under this section.  Notwithstanding any other law, the board of trustees may in its sole discretion modify, refuse to accept, or delete any proposed finding of fact or conclusion of law contained in a proposal for decision submitted by an administrative law judge or other hearing examiner, or make alternative findings of fact and conclusions of law, in a proceeding considered to be a contested case under Chapter 2001.  The board of trustees shall state in writing the specific reason for its determination and may adopt rules for the implementation of this subsection.  The board of trustees may delegate its authority under this subsection to the executive director, and the executive director may delegate the authority to another employee of the retirement system.(e)  Notwithstanding Subsections (c) and (d), the retirement system and a person aggrieved by a decision of the system may at any time informally negotiate an award of benefits.  Negotiated benefits may not exceed the maximum benefits otherwise available or required by law.(f)  A person aggrieved by a final decision of the retirement system in a contested case under this section is entitled to judicial review under Chapter 2001.  Venue of the appeal is only in a district court in Travis County.  On judicial appeal the standard of review is by substantial evidence.|Added by Acts 1995, 74th Leg., ch. 586, Sec. 29, eff. Aug. 28, 1995.  Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 29, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1111, Sec. 29, eff. Sept. 1, 2003.|
TX Govt Code § 815.5111 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.5111. Diligent Prosecution of Suit

Sec. 815.5111.  DILIGENT PROSECUTION OF SUIT.  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 815.511(f).  If the plaintiff does not secure proper service of process or does not prosecute the suit within one year after it is filed, the court shall presume that the suit has been abandoned.  The court shall dismiss the suit on a motion for dismissal made by or on behalf of the retirement system unless the plaintiff, after receiving appropriate notice, shows good cause for the delay.|Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 21, eff. September 1, 2005.|
TX Govt Code § 815.512 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.512. Protection From Double or Multiple Liability

Sec. 815.512.  PROTECTION FROM DOUBLE OR MULTIPLE LIABILITY.  (a)  The executive director may cause an action for interpleader concerning a claim to be filed on behalf of the retirement system in a district court in Travis County to protect the system from double or multiple liability if the executive director determines that a claim may expose the retirement system to such liability.(b)  A person may not pursue a counterclaim or other cause of action against the retirement system, a trustee, officer, or employee of the retirement system, or a carrier or administering firm for the retirement system in connection with a transaction or occurrence related to the interpleader action.(c)  A person who violates Subsection (b) is liable for the costs and attorney's fees incurred by the retirement system, a trustee, officer, or employee of the retirement system, or a carrier or administering firm for the retirement system as a result of the violation.|Added by Acts 1997, 75th Leg., ch. 1048, Sec. 23, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 24, eff. September 1, 2009.|
TX Govt Code § 815.513 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.513. Exclusive Remedies

Sec. 815.513.  EXCLUSIVE REMEDIES.  The remedies provided under this chapter are the exclusive remedies available to a member, retiree, beneficiary, or alternate payee.|Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 21, eff. September 1, 2005.|
TX Govt Code § 815.514 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.514. Mailings on Behalf of Nonprofit Association

Sec. 815.514.  MAILINGS ON BEHALF OF NONPROFIT ASSOCIATION.  The retirement system may make mailings on behalf of a nonprofit association of active or retired state employees described by Section 814.009, for purposes of association membership and research only, to annuitants identified in information contained in records that are in the custody of the system.  The nonprofit association requesting a mailing shall pay the expenses of the mailing.|Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 21, eff. September 1, 2005.|
TX Govt Code § 815.515 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 815 - Administration|Subchapter F. Miscellaneous Administrative Procedures|Section 815.515. Disposition of Unclaimed Contributions of Former Members

Sec. 815.515.  DISPOSITION OF UNCLAIMED CONTRIBUTIONS OF FORMER MEMBERS.  (a)  Subject to Chapters 803 and 805, if the retirement system has not received a request for a refund of the accumulated contributions of a member in accordance with Subchapter B, Chapter 812, before the seventh anniversary of the member's last day of service, the retirement system may refund the accumulated contributions to the member or the member's heirs.  If the member or the member's heirs cannot be found, the member's accumulated contributions revert to the retirement system.(b)  The retirement system shall credit any amounts that revert to the retirement system under Subsection (a) to the state accumulation account.(c)  The board of trustees may adopt rules to implement and administer this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 25, eff. September 1, 2009.|
TX Govt Code § 820.001 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter A. General Provisions|Section 820.001. Definition

Sec. 820.001.  DEFINITION.  In this chapter, "accumulated account balance" means the total of amounts in a member's individual account in the employees saving account, including:(1)  amounts deducted from the compensation of the member;(2)  other member deposits required to be placed in the member's individual account; and(3)  interest credited to amounts in the member's individual account, including interest and gain sharing interest credited in accordance with Sections 820.102 and 820.103, respectively.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|
TX Govt Code § 820.002 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter A. General Provisions|Section 820.002. Applicability

Sec. 820.002.  APPLICABILITY.  This chapter applies only to a member of the employee or elected class of membership who:(1)  was hired or took office on or after September 1, 2022; and(2)  was not a member on the date the member was hired or took office.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|
TX Govt Code § 820.003 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter A. General Provisions|Section 820.003. Conflict of Law

Sec. 820.003.  CONFLICT OF LAW.  To the extent of a conflict between this chapter, including a rule adopted by the retirement system under authority of this chapter, and any other law, this chapter prevails.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|
TX Govt Code § 820.004 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter A. General Provisions|Section 820.004. Rules

Sec. 820.004.  RULES.  The board of trustees may adopt rules necessary to implement this chapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|
TX Govt Code § 820.051 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter B. Cash Balance Benefits|Section 820.051. Application for Cash Balance Benefit

Sec. 820.051.  APPLICATION FOR CASH BALANCE BENEFIT.  (a)  A member may apply for a cash balance annuity by filing an application for retirement with the board of trustees.(b)  An application for a cash balance annuity may not be made:(1)  after the date the member wishes to retire; or(2)  more than 90 days before the date the member wishes to retire.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|
TX Govt Code § 820.052 (2021)
2021 Texas Statutes|Government Code|Title 8 - Public Retirement Systems|Subtitle B - Employees Retirement System of Texas|Chapter 820 - Cash Balance Benefit|Subchapter B. Cash Balance Benefits|Section 820.052. Eligibility for Cash Balance Benefit

Sec. 820.052.  ELIGIBILITY FOR CASH BALANCE BENEFIT.  A member:(1)  who has service credit in the employee class of membership is eligible to retire and receive a cash balance annuity if the member:(A)  is at least 65 years old and has five years of service credit in that class; or(B)  has at least five years of service credit in that class and the sum of the member's age and amount of service credit in that class, including months of age and credit, equals or exceeds the number 80;(2)  who:(A)  has at least 20 years of service credit as a law enforcement or custodial officer is eligible to retire regardless of age and receive a cash balance annuity in an amount computed and funded as provided by Section 820.053; or(B)  is at least 55 years old and has at least 10 years of service credit as a law enforcement or custodial officer is eligible to retire and receive a cash balance annuity in an amount computed and funded as provided by Section 820.053, provided that the member is only entitled to the enhanced benefit described by Section 820.053(a)(2)(B) if the member has at least 20 years of service as a law enforcement or custodial officer; or(3)  who has service credit in the elected class of membership is eligible to retire and receive a cash balance annuity if the member:(A)  is at least 60 years old and has eight years of service credit in that class; or(B)  is at least 50 years old and has 12 years of service credit in that class.|Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 21, eff. September 1, 2021.|