TX Civ Stat § 8D (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 8D. Actuarial Experience Studies

Sec. 8D.  ACTUARIAL EXPERIENCE STUDIES.  (a)  At least once every four years, the pension system actuary, at the direction of the pension system, shall conduct an actuarial experience study in accordance with actuarial standards of practice.  The actuarial experience study required by this subsection must be completed not later than September 30 of the year in which the study is required to be conducted.(b)  Except as otherwise expressly provided by Sections 8B(a)(7)(A)-(I) of this Act, actuarial assumptions and methods used in the preparation of a risk sharing valuation study, other than the initial risk sharing valuation study, shall be based on the results of the most recent actuarial experience study.(c)  Not later than the 180th day before the date the pension board may consider adopting any assumptions and methods for purposes of Section 8B of this Act, the pension system shall provide the city actuary with a substantially final draft of the pension system's actuarial experience study, including:(1)  all assumptions and methods recommended by the pension system actuary; and(2)  summaries of the reconciled actuarial data used in creation of the actuarial experience study.(d)  Not later than the 60th day after the date the city receives the final draft of the pension system's actuarial experience study under Subsection (c) of this section, the city actuary and pension system actuary may communicate concerning the assumptions and methods used in the actuarial experience study.  During the period prescribed by this subsection, the pension system actuary may modify the recommended assumptions in the draft actuarial experience study to reflect any changes to assumptions and methods to which the pension system actuary and the city actuary agree.(e)  At the city actuary's written request, the pension system shall provide additional actuarial data used by the pension system actuary to prepare the draft actuarial experience study, provided that confidential data may only be provided subject to a confidentiality agreement entered into between the pension system and the city actuary.(f)  The city actuary, at the direction of the city, shall provide in writing to the pension system actuary and the pension system:(1)  any assumptions and methods recommended by the city actuary that differ from the assumptions and methods recommended by the pension system actuary; and(2)  the city actuary's rationale for each method or assumption the actuary recommends and determines to be consistent with standards adopted by the Actuarial Standards Board.(g)  Not later than the 30th day after the date the pension system actuary receives the city actuary's written recommended assumptions and methods and rationale under Subsection (f) of this section, the pension system shall provide a written response to the city identifying any assumption or method recommended by the city actuary that the pension system does not accept.  If any assumption or method is not accepted, the pension system shall recommend to the city the names of three independent actuaries for purposes of this section.(h)  An actuary may only be recommended, selected, or engaged by the pension system as an independent actuary under this section if the person:(1)  is not already engaged by the city, the pension system, or any other pension system or fund authorized under Article 6243e.2(1) or 6243g-4, Revised Statutes, to provide actuarial services to the city, the pension system, or another pension system or fund referenced in this subdivision;(2)  is a member of the American Academy of Actuaries; and(3)  has at least five years of experience as an actuary working with one or more public retirement systems with assets in excess of $1 billion.(i)  Not later than the 20th day after the date the city receives the list of three independent actuaries under Subsection (g) of this section, the city shall identify and the pension system shall hire one of the listed independent actuaries on terms acceptable to the city and the pension system to perform a scope of work acceptable to the city and the pension system.  The city and the pension system each shall pay 50 percent of the cost of the independent actuary engaged under this subsection.  The city shall be provided the opportunity to participate in any communications between the independent actuary and the pension system concerning the engagement, engagement terms, or performance of the terms of the engagement.(j)  The independent actuary engaged under Subsection (i) of this section shall receive on request from the city or the pension system:(1)  the pension system's draft actuarial experience study, including all assumptions and methods recommended by the pension system actuary;(2)  summaries of the reconciled actuarial data used to prepare the draft actuarial experience study;(3)  the city actuary's specific recommended assumptions and methods together with the city actuary's written rationale for each recommendation;(4)  the pension system actuary's written rationale for its recommendations; and(5)  if requested by the independent actuary and subject to a confidentiality agreement between the pension system and the independent actuary, additional confidential actuarial data.(k)  Not later than the 30th day after the date the independent actuary receives all the requested information under Subsection (j) of this section, the independent actuary shall advise the pension system and the city whether it agrees with the assumption or method recommended by the city actuary or the corresponding method or assumption recommended by the pension system actuary, together with the independent actuary's rationale for making the determination.  During the period prescribed by this subsection, the independent actuary may discuss recommendations in simultaneous consultation with the pension system actuary and the city actuary.(l)  The pension system and the city may not seek any information from any prospective independent actuary about possible outcomes of the independent actuary's review.(m)  If an independent actuary has questions or concerns regarding an engagement entered into under this section, the independent actuary shall simultaneously consult with both the city actuary and the pension system actuary regarding the questions or concerns.  This subsection does not limit the pension system's authorization to take appropriate steps to complete the engagement of the independent actuary on terms acceptable to both the pension system and the city or to enter into a confidentiality agreement with the independent actuary, if needed.(n)  If the pension board does not adopt an assumption or method recommended by the city actuary to which the independent actuary agrees, or recommended by the pension system actuary, the city actuary is authorized to use that recommended assumption or method in connection with preparation of a subsequent risk sharing valuation study under Section 8B of this Act until the risk sharing valuation study following the next actuarial experience study is prepared.