TX Civ Stat § 2 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243g-4. Police Officers Pension System in Certain Municipalities|Section 2. Definitions

Sec. 2. DEFINITIONS.  In this article:(1)  "Active member" means an employee of the city within the police department of a city subject to this article, in a classified or appointed position, except for a person in an appointed position who opts out of the plan, a person who is a part-time, seasonal, or temporary employee, or a person who elected to remain a member of a pension system described by Chapter 88, Acts of the 77th Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes).  The term does not include a person who is a member of another pension system of the same city, except to the extent provided by Section 18 of this article.(1-a)  "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 valuation studies or an actuarial experience study under Section 9C of this article; and (B)  other data that is reasonably necessary to implement Sections 9 through 9E of this article, as agreed to by the city and the board.(1-b)  "Actuarial experience study" has the meaning assigned by Section 802.1014, Government Code.(1-c)  "Amortization period" means the time period necessary to fully pay a liability layer.(2)  "Amortization rate" means the sum of the scheduled amortization payments for a given fiscal year for the current liability layers divided by the projected pensionable payroll for that fiscal year.(3)  "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 article.(4)  "Board" means the board of trustees of the pension system.(4-a)  "Catastrophic injury" means a sudden, violent, life-threatening, duty-related injury sustained by an active member that is due to an externally caused motor vehicle accident, gunshot wound, aggravated assault, or other external event or events and results, as supported by evidence, in one of the following conditions:(A)  total, complete, and permanent loss of sight in one or both eyes;(B)  total, complete, and permanent loss of the use of one or both feet at or above the ankle;(C)  total, complete, and permanent loss of the use of one or both hands at or above the wrist;(D)  injury to the spine that results in a total, permanent, and complete paralysis of both arms, both legs, or one arm and one leg; or(E)  an externally caused physical traumatic injury to the brain rendering the member physically or mentally unable to perform the member's duties as a police officer.(4-b)  "City" means a city subject to this article.(4-c)  "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, except as determined otherwise under the express provisions of Sections 9D and 9E of this article.(4-d)  "Classified" means any person classified by the city as a police officer.(5)  "Code" means the federal Internal Revenue Code of 1986, or any successor, as amended.(5-a)  "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.(5-b)  "Corridor margin" means five percentage points.(5-c)  "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 9B of this article, as may be adjusted under Section 9D or 9E of this article, and in each case rounded to the nearest hundredths decimal place.(6)  "Dependent" means a dependent child or a dependent parent.(7)  "Dependent child" means a deceased member's unmarried natural or adopted child who:(A)  has not attained age 18;(B)  has attained age 18 but not age 24 and is attending school on a full-time basis;  or(C)  has attained age 18 and is permanently disabled as the result of a disability that began before the child attained age 18.(8)  "Dependent parent" means a natural parent of a deceased member or an adoptive parent who adopted the member before the member attained age 18 and at least 50 percent of whose support was received from the member during the one-year period preceding the date of death of the member.(9)  "DROP" means the deferred retirement option plan described by Section 14 of this article.(10)  "Employee" means an individual who holds a classified position in the police department of a city subject to this article.(10-a)  "Employer normal cost rate" means the normal cost rate minus the member contribution rate.(10-b)  "Estimated city contribution rate" means the city contribution rate estimated in a final risk sharing valuation study under Section 9A or 9B of this article, as applicable, as required by Section 9A(a)(5) of this article.(10-c)  "Fiscal year," except as provided by Section 2A of this article, means a fiscal year beginning July 1 and ending June 30.(10-d)  "Final average pay" means the pay received by a member over the last 78 biweekly pay periods ending before the earlier of:(A)  the date the member terminates employment with the police department, divided by 36; or(B)  the date the member began participation in DROP, divided by 36.(11)  "Former member" means a person who was once an active member, eligible for benefits or not, but who terminated active member status and received a refund of member contributions.(12)  "Fund" means the fund originally established by Chapter 76, Acts of the 50th Legislature, Regular Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes).(12-a)  "Funded ratio" means the ratio of the pension system's actuarial value of assets divided by the pension system's actuarial accrued liability.(13)  "Inactive member" means a person who has separated from service and is eligible to receive a service pension from the pension system but is not eligible for an immediate service pension.  The term does not include a former member.(13-a)  "Legacy liability" means the unfunded actuarial accrued liability as of June 30, 2016, as reduced to reflect:(A)  changes to benefits and contributions under this article that took effect on the year 2017 effective date;(B)  the deposit of pension obligation bond proceeds on December 31, 2017, in accordance with Section 9B(j)(2) of this article;(C)  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(D)  for each subsequent fiscal year, contributions for that year allocated to the amortization of the legacy liability and adjusted by the assumed rate of return.(13-b)  "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.(13-c)  "Liability gain layer" means a liability layer that decreases the unfunded actuarial accrued liability.(13-d)  "Liability layer" means the legacy liability established in the initial risk sharing valuation study under Section 9B of this article and the unanticipated change as established in each subsequent risk sharing valuation study prepared under Section 9A of this article.(13-e)  "Liability loss layer" means a liability layer that increases the unfunded actuarial accrued liability.  For purposes of this article, the legacy liability is a liability loss layer.(13-f)  "Maximum contribution rate" means the rate equal to the corridor midpoint plus the corridor margin.(14)  "Member" means an active member, inactive member, or retired member, as the context may require.  The term does not include a former member.(14-a)  "Minimum contribution rate" means the rate equal to the corridor midpoint minus the corridor margin.(14-b)  "Normal cost rate" means the salary weighted average of the individual normal cost rates determined for the current active population plus an allowance for projected administrative expenses.  The allowance for projected administrative expenses equals the administrative expenses divided by the pensionable payroll for the previous fiscal year, provided the administrative allowance may not exceed one percent of pensionable payroll for the current fiscal year unless agreed to by the city.(14-c)  "Normal retirement age" means:(A)  for a member hired before October 9, 2004, including a member hired before October 9, 2004, who involuntarily separated from service but was retroactively reinstated under an arbitration, civil service, or court ruling after October 9, 2004, the earlier of:(i)  the age at which the member attains 20 years of service; or(ii)  the age at which the member first attains both the age of at least 60 and at least 10 years of service; or(B)  except as provided by Paragraph (A) of this subdivision, for a member hired or rehired on or after October 9, 2004, the age at which the sum of the member's age in years and years of service equals at least 70.(15)  "Normal retirement date" means the date at which a member is eligible for an immediate service pension under Section 12 of this article.(15-a)  "Pay," unless the context requires otherwise, means wages as defined by Section 3401(a) of the code, plus any amounts that are not included in gross income by reason of Section 104(a)(1), 125, 132(f), 402(g)(2), 457, or 414(h)(2) of the code, less any pay received for overtime work, exempt time pay, strategic officer staffing program pay, motorcycle allowance, clothing allowance, or mentor pay.  The definition of "pay" for purposes of this article may only be amended by written agreement of the board and the city under Section 27 of this article.(15-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.(16)  "Pension" means a monthly payment for life from the fund to a retired member.(16-a)  "Pension obligation bond" means a bond issued in accordance with Chapter 107, Local Government Code.(16-b)  "Pensionable payroll" means the combined salaries, in an applicable fiscal year, paid to all:(A)  active members; and(B)  if applicable, participants in any alternative retirement plan established under Section 2B of this article, including a cash balance retirement plan established under that section.(17)  "Pension system" or "system," unless the context requires otherwise, means the retirement and disability plan for employees of any police department subject to this article.(17-a)  "Police department" means one or more law enforcement agencies designated as a police department by a city.(17-b)  "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 board entered into under Section 27 of this article.(17-c)  "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 9A of this article, as applicable, at the time of calculation by:(A)  projecting the prior fiscal year's pensionable payroll projected forward two years by 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 board.(17-d)  "Retired member" means a member who has separated from service and who is eligible to receive an immediate service or disability pension under this article.(17-e)  "Salary" means pay provided for the classified position in the police department held by the employee.(18)  "School" means any public or private school through the 12th grade or any trade school, junior college, college, or university beyond the 12th grade that is accredited by a generally recognized accrediting authority.(19)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 320 (S.B. 2190), Sec. 2.32, eff. July 1, 2017.(20)  "Separation from service" means cessation of work for the police department of a city subject to this article, whether caused by death, discharge, resignation, or transfer to an unclassified position.(21)  "Service" means the period of time a person is employed in the police department of a city subject to this article, except for any period of DROP participation, and includes any period that the person is receiving a disability pension under Section 15 of this article or is on a military leave of absence described by Section 23 of this article, but only if the person returns to active service after the period of disability or military leave.  The term does not include periods in which a person is suspended from duty without pay, on leave of absence without pay, or separated from service.(22)  "Surviving spouse" means a person who was married to an active, inactive, or retired member at the time of the member's death and, in the case of a marriage or remarriage after the member's retirement, for a period of at least five consecutive years.(22-a)  "Survivor" means a surviving spouse, a dependent child, or a dependent parent.(23)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 320 (S.B. 2190), Sec. 2.32, eff. July 1, 2017.(24)  "Third quarter line rate" means the corridor midpoint plus 2.5 percentage points.(25)  "Trustee" means a member of the board.(26)  "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.(27)  "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 9A or 9B of this article, as applicable; and (B)  "actuarial value of assets" means the value of pension system investments as calculated using the asset smoothing method used in the risk sharing valuation study prepared under Section 9A or 9B of this article, as applicable.(28)  "Unanticipated change" means, with respect to the unfunded actuarial accrued liability in each subsequent risk sharing valuation study prepared under Section 9A of this article, 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.(29)  "Year 2017 effective date" means the date on which S.B. No. 2190, Acts of the 85th Legislature, Regular Session, 2017, took effect.