TX Civ Stat § 6.07 (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000|Article VI.|Section 6.07. Retroactive Deferred Retirement Option Plan

Sec. 6.07. RETROACTIVE DEFERRED RETIREMENT OPTION PLAN.    (a)  The retroactive deferred retirement option plan, referred to as RETRO DROP, is an option a member eligible for service retirement based on 23 years of creditable service, excluding any military service established under Section 5.02 of this Act, may elect at retirement subject to the conditions of this section.  The number of years of creditable service required for this option to be available to a member may be changed if the change:(1) is approved by the board's actuary;(2) is approved by the board as a board rule;(3) applies to all persons who are members on the effective date of the change and all persons who become members after the effective date of the change;  and(4) does not increase the requirements for a person who already is eligible to participate in RETRO DROP on the effective date of the change.(b) The member shall select the RETRO DROP benefit computation date.  The date:(1) must be the last day of the month used for the purpose of determining the monthly retirement benefit;(2) may not precede the date the member first became eligible for service retirement based on the years of creditable service required under Subsection (a);  and(3) may not precede the date of retirement by more than 36 months.(c) On the election of RETRO DROP and the selection of the RETRO DROP benefit computation date, the member's monthly life annuity (modified cash refund) is computed according to Section 6.01 of this Act as if the member had retired on the RETRO DROP benefit computation date but including any creditable service established after that date under Section 5.02, Section 5.03, or Section 5.04 of this Act.  In lieu of the life annuity (modified cash refund) defined by Section 6.01 of this Act, the member may file a duly acknowledged written designation to elect one of the annuity options described by Section 6.03 of this Act in effect at retirement that are actuarially equivalent at the RETRO DROP benefit computation date.(d) The RETRO DROP benefit accumulation period includes each month from the month following the RETRO DROP benefit computation date through the month of retirement.  The RETRO DROP benefit accumulates month by month during the accumulation period as the sum of:(1) the monthly annuity amounts that would have been paid during the RETRO DROP benefit accumulation period;(2) deposits made by the member to the police retirement system as a percent of the basic hourly earnings of the member during the RETRO DROP benefit accumulation period;  and(3) interest credited on the RETRO DROP benefit during the RETRO DROP benefit accumulation period.(e)  The first monthly annuity amount that would have been paid during the RETRO DROP benefit accumulation period is the amount defined by Subsection (c) of this section.(f) The interest credited to the RETRO DROP benefit during the accumulation period shall be credited on each December 31 in the RETRO DROP benefit accumulation period in an amount equal to five percent of the amount of the RETRO DROP benefit as of January 1 of the same calendar year.  If the month of retirement is other than December, the interest shall be credited for the partial year at the end of the month of retirement in an amount equal to five-twelfths of one percent of the amount of the accumulated RETRO DROP benefit as of January 1 of that year multiplied by the number of complete months of service in that year.  A complete month does not include a month in which service amounted to fewer than 15 days.(g) A member who elects RETRO DROP receives both a monthly annuity and a RETRO DROP benefit.  The first monthly annuity payment shall be on the last day of the month immediately following the month of retirement.  Unless the member elects to receive partial payments of the RETRO DROP benefit as provided by Subsection (h), the member shall receive a lump-sum payment equal to the accumulated RETRO DROP benefit, which amount shall be paid to the member on the date selected by the member.  The date must be a business day and must be not earlier than the last day of the month immediately following the month of retirement. If the member dies before the member receives the lump sum, the lump sum is payable to the member's beneficiary or, if no beneficiary exists, to the member's estate, unless the member has directed otherwise in a duly acknowledged writing filed with the board.(h) Instead of a single lump-sum payment, a member may elect to receive partial payments from the member's RETRO DROP account for each calendar year in an amount elected by the member.  The board may establish procedures concerning partial payments, including limitations on timing and frequency of those payments.  A member who elects partial payments may, at any time, elect to receive the member's entire remaining RETRO DROP account balance in a single lump-sum payment, with the payment to be made under rules adopted by the board.(i) If a member elects partial payments, the member's RETRO DROP account shall be credited with earnings and losses of the system under this subsection for periods after the member's retirement date and before the member's RETRO DROP account is completely distributed.  The member's RETRO DROP account shall be credited with earnings or losses at an annual rate established under a rule adopted by the board.  The board may change the annual rate from time to time by amending that rule.(j) The board may modify or eliminate the RETRO DROP provisions of this section by the adoption of board rules if the modification or elimination is approved by the board's actuary and would not cause the amortization period for the retirement system's unfunded actuarial liability to exceed the maximum amortization period adopted by the Governmental Accounting Standards Board.