TX Civ Stat § 9C (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243g-4. Police Officers Pension System in Certain Municipalities|Section 9C. Actuarial Experience Studies

Sec. 9C.  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 9A(a)(6)(A)-(I) of this article, 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 board may consider adopting any assumptions and methods for purposes of Section 9A of this article, 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's 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 shall confer and cooperate on reconciling and producing a final 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 in which the city actuary agrees to comply with the confidentiality provisions of Section 29 of this article.(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 fund or pension system authorized under Article 6243e.2(1), Revised Statutes, or Chapter 88 (H.B. 1573), Acts of the 77th Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes), to provide actuarial services to the city, the pension system, or another fund or pension system 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 in which the independent actuary agrees to comply with the confidentiality provisions of this article, 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 either 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 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 9A of this article until the next actuarial experience study is conducted.