TX Civ Stat § 13D (2021)
2021 Texas Statutes|Vernon's Civil Statutes|Title 109 - Pensions|Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population|Section 13D. Actuarial Experience Studies

Sec. 13D.  ACTUARIAL EXPERIENCE STUDIES.  (a)  At least once every four years, the fund actuary at the direction of the fund 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 13B(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 13B of this article, the fund shall provide the municipal actuary with a substantially final draft of the fund's actuarial experience study, including:(1)  all assumptions and methods recommended by the fund 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 municipality receives the final draft of the fund's actuarial experience study under Subsection (c) of this section, the municipal actuary and fund actuary shall confer and cooperate on reconciling and producing a final actuarial experience study.  During the period prescribed by this subsection, the fund actuary may modify the recommended assumptions in the draft actuarial experience study to reflect any changes to assumptions and methods to which the fund actuary and the municipal actuary agree.(e)  At the municipal actuary's written request, the fund shall provide additional actuarial data used by the fund actuary to prepare the draft actuarial experience study, provided that confidential data may only be provided subject to a confidentiality agreement in which the municipal actuary agrees to comply with the confidentiality provisions of Section 17 of this article.(f)  The municipal actuary at the direction of the municipality shall provide in writing to the fund actuary and the fund:(1)  any assumptions and methods recommended by the municipal actuary that differ from the assumptions and methods recommended by the fund actuary; and(2)  the municipal 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 fund actuary receives the municipal actuary's written recommended assumptions and methods and rationale under Subsection (f) of this section, the fund shall provide a written response to the municipality identifying any assumption or method recommended by the municipal actuary that the fund does not accept.  If any assumption or method is not accepted, the fund shall recommend to the municipality the names of three independent actuaries for purposes of this section.(h)  An actuary may only be recommended, selected, or engaged by the fund as an independent actuary under this section if the person:(1)  is not already engaged by the municipality, the fund, or any other pension system authorized under Article 6243g-4, 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 municipality, the fund, or another 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 municipality receives the list of three independent actuaries under Subsection (g) of this section, the municipality shall identify and the fund shall hire one of the listed independent actuaries on terms acceptable to the municipality and the fund to perform a scope of work acceptable to the municipality and the fund.  The municipality and the fund each shall pay 50 percent of the cost of the independent actuary engaged under this subsection.  The municipality shall be provided the opportunity to participate in any communications between the independent actuary and the fund 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 municipality or the fund:(1)  the fund's draft actuarial experience study, including all assumptions and methods recommended by the fund actuary;(2)  summaries of the reconciled actuarial data used to prepare the draft actuarial experience study;(3)  the municipal actuary's specific recommended assumptions and methods together with the municipal actuary's written rationale for each recommendation;(4)  the fund 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 Section 17 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 fund and the municipality whether it agrees with the assumption or method recommended by the municipal actuary or the corresponding method or assumption recommended by the fund 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 fund actuary and the municipal actuary.(l)  The fund and the municipality 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 municipal actuary and the fund actuary regarding the questions or concerns.  This subsection does not limit the fund's authorization to take appropriate steps to complete the engagement of the independent actuary on terms acceptable to both the fund and the municipality 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 municipal actuary to which the independent actuary agrees, or recommended by the fund actuary, the municipal actuary is authorized to use that recommended assumption or method in connection with preparation of a subsequent risk sharing valuation study under Section 13B of this article until the next actuarial experience study is conducted.