reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter E. Member Death Benefits › Section 824.407. Guaranteed Return of Amount Equal to Contributions

Sec. 824.407.  GUARANTEED RETURN OF AMOUNT EQUAL TO CONTRIBUTIONS.  If a beneficiary selects a life annuity death benefit under Section 824.402, the retirement system shall pay a lump-sum death benefit in an amount, if any, by which the amount of the deceased member's accumulated contributions at the time of death exceeds the amount of annuity payments made to the beneficiary before the beneficiary's death. This lump-sum benefit will be paid to the person designated by the beneficiary of the annuity or, if no person is designated, to the estate of the beneficiary.
Added by Acts 1987, 70th Leg., ch. 61, Sec. 6, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.407 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter F. Retiree Death Benefits › Section 824.501. Survivor Benefits

Sec. 824.501.  SURVIVOR BENEFITS.  (a)  The designated beneficiary of a service or disability retiree who dies while receiving a service or disability retirement benefit may elect to receive:
(1)  a lump-sum payment of $2,500, plus an applicable monthly benefit under Section 824.404;  or
(2)  a lump-sum benefit of $10,000.
(b)  An eligible person may receive benefits under this section, Section 824.204, and Section 824.308.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 835, Sec. 5, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 10, eff. Sept. 1, 1992.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter F. Retiree Death Benefits › Section 824.502. Benefits on Death of Disability Retiree

Sec. 824.502.  BENEFITS ON DEATH OF DISABILITY RETIREE.  The designated beneficiary of a disability retiree who retires before September 1, 1992, who has not selected an optional annuity under Section 824.308, and who dies while receiving a retirement benefit may elect to receive, instead of survivor benefits provided by Section 824.501, a benefit available under Section 824.402, computed as if the decedent had been in service at the time of death.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.502 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 11, eff. Sept. 1, 1992;  Acts 1999, 76th Leg., ch. 1540, Sec. 13, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter F. Retiree Death Benefits › Section 824.503. Return of Excess Contributions

Sec. 824.503.  RETURN OF EXCESS CONTRIBUTIONS.  (a)  If a retiree dies while receiving a standard or reduced service retirement annuity as provided by Section 824.202 or an optional service retirement annuity as provided by Section 824.204(c)(1), (c)(2), or (c)(5) and, in the case of a retiree receiving an optional service retirement annuity, if the retiree's designated beneficiary of the annuity has predeceased the retiree, the retirement system shall pay a lump-sum death benefit in an amount, if any, by which the amount of the deceased retiree's accumulated contributions at the time of retirement exceeds the amount of annuity payments made before the retiree's death.
(b)  A benefit under Subsection (a) is payable to any existing designated beneficiary or, if none exists, in the manner provided by Section 824.103.
(c)  If a retiree's designated beneficiary dies while receiving an optional annuity under Section 824.204(c)(1), (c)(2), or (c)(5), the retirement system shall pay a lump-sum death benefit in an amount, if any, by which the amount of the retiree's accumulated contributions at the time of retirement exceeds the amount of annuity payments made to the retiree and the designated beneficiary before the beneficiary's death.
(d)  A benefit under Subsection (c) is payable to the person or persons designated as the beneficiary of the beneficiary and, if such person has not been designated or does not survive, then to the persons entitled to distribution of the deceased beneficiary's estate.
(e)  An eligible person may receive benefits under both this section and Section 824.501.
(f)  The designated beneficiary of a disability retiree is eligible to receive the benefits described by this section if the retiree:
(1)  retires on or after September 1, 1992; and
(2)  dies while receiving disability retirement benefits under Section 824.304.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.503 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 12, eff. Sept. 1, 1992;  Acts 1995, 74th Leg., ch. 555, Sec. 27, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 15, eff. September 1, 2005.
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter F. Retiree Death Benefits › Section 824.504. Benefits for Survivors of Certain Retirees

Sec. 824.504.  BENEFITS FOR SURVIVORS OF CERTAIN RETIREES.  (a)  Except as provided by Subsection (b), a surviving spouse who is the designated beneficiary of a retiree who did not perform a year of service after November 23, 1956, that was credited in the retirement system and who died before August 23, 1963, while receiving a retirement benefit, is eligible to receive an applicable survivor benefit available under Section 824.404.
(b)  A surviving spouse who qualifies under this section for a survivor benefit is not eligible to receive a lump-sum benefit under Section 824.404(a).
(c)  A benefit under this section is payable beginning on the last day of the month in which an eligible person applies for the benefit on a form prescribed by and filed with the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.504 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter F. Retiree Death Benefits › Section 824.505. Other Amounts Payable on Death of Retiree

Sec. 824.505.  OTHER AMOUNTS PAYABLE ON DEATH OF RETIREE.  (a)  Amounts payable by the retirement system to an annuitant that are not received by that annuitant or the annuitant's bank, as determined by the retirement system, before the annuitant's death may be paid to the person named to receive benefits in the event of the annuitant's death, in accordance with rules adopted by the board of trustees.  The retirement system may send a final monthly payment of an annuity to a bank or another address previously indicated by the annuitant or beneficiary.
(b)  The board of trustees may adopt rules necessary to administer this section.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(f), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 28, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter G. Loss of Benefits on Resumption of Service › Section 824.6021. Temporary Exception to Mitigate Learning Loss Attributable to Covid-19 Pandemic

Sec. 824.6021.  TEMPORARY EXCEPTION TO MITIGATE LEARNING LOSS ATTRIBUTABLE TO COVID-19 PANDEMIC.  (a)  Subject to Section 825.506, the retirement system may not, under Section 824.601, withhold a monthly benefit payment if the retiree is employed in a Texas public educational institution, other than an institution of higher education, in a position performing duties related to the mitigation of student learning loss attributable to the coronavirus disease (COVID-19) pandemic, if the position:
(1)  is in addition to the normal staffing level at the Texas public educational institution;
(2)  is funded wholly by federal funds provided under federal law enacted for the purpose of providing relief related to the coronavirus disease (COVID-19) pandemic, including the Coronavirus Aid, Relief, and Economic Security (CARES) Act (15 U.S.C. Section 9001 et seq.), Coronavirus Response and Relief Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260), or American Rescue Plan Act of 2021 (Pub. L. No. 117-2); and
(3)  ends on or before December 31, 2024.
(b)  The exception provided by this section:
(1)  is in addition to the exceptions otherwise provided by Sections 824.601 and 824.602; and
(2)  does not apply to disability retirees.
(c)  This section expires February 1, 2025.
Added by Acts 2021, 87th Leg., R.S., Ch. 511 (S.B. 288), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter G. Loss of Benefits on Resumption of Service › Section 824.6022. Required Reports; Offense

Sec. 824.6022.  REQUIRED REPORTS; OFFENSE.  (a)  An employer shall file a monthly certified statement of employment of a retiree in the form and manner required by the retirement system.
(b)  A person commits an offense if the person is an administrator of an employer, is responsible for filing a statement under Subsection (a), and knowingly fails to file the statement as required.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 17, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter G. Loss of Benefits on Resumption of Service › Section 824.603. Exclusion From Credit

Sec. 824.603.  EXCLUSION FROM CREDIT.  Employment of a retiree described by Section 824.601(b-1) or 824.602(a) does not entitle the retiree to additional service credit, and the retiree so employed is not required to make contributions to the system from compensation for that employment.
Added by Acts 1985, 69th Leg., ch. 832, Sec. 6, eff. June 15, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 34.603 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1229, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 928 (S.B. 1669), Sec. 4, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter G. Loss of Benefits on Resumption of Service › Section 824.604. Rules

Sec. 824.604.  RULES.  The board of trustees may adopt rules necessary for administering this subchapter.
Redesignated and amended by Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 3, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter H. Increases in Annuities › Section 824.701. Application of Annuity Increases to Certain Annuities

Sec. 824.701.  APPLICATION OF ANNUITY INCREASES TO CERTAIN ANNUITIES.  (a)  An increase that is provided by law in the amount of an annuity being paid by the retirement system and that is applicable to retirements occurring before, or not later than, a date specified in the law also applies to an annuity based on the service of a member who, before October 1, 1989:
(1)  accepted, under Subchapter C, service retirement that became effective on a date that is within the period specified for eligibility for the increase;
(2)  subsequently revoked the person's service retirement as provided by Section 824.005;
(3)  subsequently applied for disability retirement under Section 824.301 to be effective at the end of the month in which the revocation of service retirement occurred;
(4)  did not receive a disability retirement annuity under Subchapter D;
(5)  subsequently accepted service retirement that became effective at the end of the month in which the earlier revocation of service retirement occurred;  and
(6)  applies to the retirement system in writing for recomputation of the person's annuity.
(b)  As soon as practicable after a person applies under this section, the retirement system shall verify whether an applicant meets the requirements of this section and is entitled to any increases in annuities provided by existing law.
(c)  The retirement system shall increase the amount of an annuity payable to a retiree who applies and is verified as eligible for an increase in annuities provided by law, by the amount or rate of the increase.  The first payment of an annuity as increased by this section is due on the later of:
(1)  the end of the month in which the retiree is verified under this section as eligible for the increase;  or
(2)  a date of first payment specified in the law providing for the increase.
(d)  For the sole purpose of determining eligibility for or the amount of increases in annuities provided by law after the date a retiree has been verified as eligible for an increase under this section, the date of retirement of the person on whose service the annuity is based will be considered the date of original service retirement that was subsequently revoked, if the retiree has not terminated the subsequent service retirement as provided by this subtitle.
Added by Acts 1989, 71st Leg., ch. 222, Sec. 5, eff. May 26, 1989.  Renumbered from Title 110B, Sec. 34.701 by Acts 1989, 71st Leg., ch. 1100, Sec. 4.11(b), eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.801. Definition

Sec. 824.801.  DEFINITION.  In this subchapter, "plan" means the deferred retirement option plan provided by this subchapter.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.8011. Deadline to Elect to Participate

Sec. 824.8011.  DEADLINE TO ELECT TO PARTICIPATE.  A person must make an election to participate in the plan not later than December 31, 2005.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 18, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.802. Participation in Plan

Sec. 824.802.  PARTICIPATION IN PLAN.  (a)  A contributing member who is eligible under Section 824.202 to retire and receive a standard service retirement annuity that is not reduced for retirement at an early age and who has at least 25 years of service credit in the retirement system may, if the member remains an employee, elect to participate in the deferred retirement option plan.
(b)  An election to participate in the plan must be on a form prescribed by and filed with the retirement system.  An election may be made only once and must state the period that the member wishes to participate in the plan.  The period must be a minimum of 12 consecutive months and be in 12-month increments.  The maximum period a member may participate in the plan is 60 consecutive months.  An election under this section is irrevocable after filing.  The filing of an election under this section is not considered for any purpose an application for retirement, and a person is not considered a retiree for any purpose because of the filing.
(c)  The effective date of a member's participation in the plan is the first day of the month after the month in which an election is received and approved by the retirement system.  The retirement system shall approve the election filed by a member who is eligible to make the election.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.803. Computation of Participant's Service and Annuity

Sec. 824.803.  COMPUTATION OF PARTICIPANT'S SERVICE AND ANNUITY.  (a)  A person participating in the plan remains a member of the retirement system during the period of participation, unless the member terminates membership under Section 822.003, but the member may not, during participation, accrue additional service credit.  The member shall make employee contributions to the retirement system, and the state and the member's employing district, if applicable, shall make contributions for the member's service performed during the member's participation in the plan.  Member contributions made during the period of participation in the plan are not eligible for withdrawal by the participant and are deposited in the retired reserve account.  The member and the state retain the obligation to contribute under Sections 1575.202 and 1575.203, Insurance Code, during the member's participation in this plan.
(b)  For purposes of the plan, the computation of the service retirement annuity of a member participating in the plan is determined as of the effective date of participation.  A participating member is not eligible to receive a postretirement increase made applicable to annuitants during the member's participation in the plan.
(c)  An election to participate in the plan constitutes a deadline for the purchase of special service credit.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.522, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.804. Benefits Under Plan

Sec. 824.804.  BENEFITS UNDER PLAN.  (a)  On the effective date of a member's participation in the plan, the retirement system shall make the transfers required by Section 825.309 to the retired reserve account as if the member had retired on that date.  The retirement system shall transfer monthly, during the period of the member's participation in the plan, from the retired reserve account to an account for the member in the deferred retirement option account an amount equal to:
(1)  60 percent of the amount the member would have received that month under a standard service retirement annuity if the member had retired under the multiplier currently in effect;  or
(2)  if the member began participation in the plan before September 1, 1999, 79 percent of the amount the member would have received that month under a standard service retirement annuity if the member had retired under the multiplier currently in effect.
(b)  When a member who has participated in the plan retires from the retirement system, the person is entitled to the accumulated amount in the member's account in the deferred retirement option account, including creditable interest.  The amount is payable in a lump sum, in periodic installments, or as provided by Section 825.509, at the option of the member.  The board of trustees by rule shall determine the number and frequency of installment payments.
(c)  If a member dies during participation in the plan or after participation but before retirement, the decedent's designated beneficiary is entitled to the accumulated amount in the decedent's account in the deferred retirement option account, including creditable interest.  The beneficiary is also entitled to a death benefit based on compensation and years of service on the effective date of participation in the plan and on age on the date of death.
(d)  Payment of the benefit provided under the plan is in addition to any annuity otherwise payable under this subtitle.  The retiring member may choose a DROP payment in accordance with the provisions of Section 825.509.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1540, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.805. Termination of Participation in Plan

Sec. 824.805.  TERMINATION OF PARTICIPATION IN PLAN.  (a)  Except as provided by Subsection (b), a member terminates participation in the plan by:
(1)  retirement;
(2)  death;  or
(3)  expiration of the period for which participation was approved.
(b)  This subsection applies only to a member participating in the plan on September 1, 2005, or to a member whose period of participation in the plan expired on or before September 1, 2005, but who has not retired on or before that date.  A member described by this subsection may, before December 31, 2005, revoke the member's decision to participate in the plan on a form prescribed by and filed with the retirement system.  The retirement system shall make account transfers and change records for a member who revokes the member's decision to participate in the plan under this subsection as if the member had never participated in the plan.
(c)  A member or beneficiary described by Subsection (d) may, on or before December 31, 2015, revoke the member's decision to participate in the plan on a form prescribed by and received by the retirement system not later than that date. The retirement system shall make account transfers and change records for a member whose decision to participate in the plan is revoked under this subsection, as if the member had never participated in the plan.
(d)  Subsection (c) applies only to:
(1)  a member:
(A)  whose approved period of participation in the plan has expired; and
(B)  who has not retired on or before December 31, 2015; or
(2)  a beneficiary of a member whose approved period of participation in the plan has expired and who has not retired before death if:
(A)  the beneficiary is eligible to receive both a distribution of benefits payable on the death of the member and the distributions from the plan; and
(B)  the member dies on or after September 1, 2015.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1540, Sec. 16, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1229, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 19, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 164 (H.B. 1937), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.806. Benefits for Service After Plan Participation

Sec. 824.806.  BENEFITS FOR SERVICE AFTER PLAN PARTICIPATION.  (a)  Any eligible service credit accrued after termination of participation in the plan and before retirement shall be credited in the retirement system.
(b)  At the time a member retires or dies, the retirement system shall compute the value of the additional service credit at the rate provided under Section 824.203, based on the lesser of the three years of service after the member's termination of plan participation, or the member's actual years of service after the termination, in which the member received the highest annual compensation.  The retirement system shall add the amount computed under this subsection to the amount determined on the effective date of plan participation, and the sum is payable, subject to actuarial reduction if applicable, as the monthly annuity payment.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 824 - Benefits › Subchapter I. Deferred Retirement Option Plan › Section 824.807. Interest

Sec. 824.807.  INTEREST.  Interest is creditable to a member's account in the deferred retirement option account at an annual, prorated rate equal to two percent during the period of participation in the plan and until all benefits are distributed.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 21, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1214 (S.B. 1458), Sec. 3, eff. September 1, 2014.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.001. Composition of Board of Trustees

Sec. 825.001.  COMPOSITION OF BOARD OF TRUSTEES.  The board of trustees is composed of nine members.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.003. Trustees Appointed by Governor From Nominees of Board of Education

Sec. 825.003.  TRUSTEES APPOINTED BY GOVERNOR FROM NOMINEES OF BOARD OF EDUCATION.  The governor shall appoint two members of the board of trustees, subject to confirmation by two-thirds of the senate, from lists of nominees submitted by the State Board of Education.  These members must be persons who have demonstrated financial expertise, have worked in private business or industry, and have broad investment experience, preferably in investment of pension funds.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 31, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.0031. Nondiscrimination in Appointments

Sec. 825.0031.  NONDISCRIMINATION IN APPOINTMENTS.  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 12, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.0032. Ineligibility for Board and of Certain Employees

Sec. 825.0032.  INELIGIBILITY FOR BOARD AND OF CERTAIN EMPLOYEES.  (a)  Except as provided by Subsection (b), a person is not eligible for appointment to the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the retirement system;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the retirement system;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the retirement system, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b)  Subsection (a) does not apply to employment by, participation in the management of, or ownership or control of an interest in a business entity or other organization on behalf of the retirement system.  Subsection (a)(3) does not apply to a person who is nominated for appointment under Section 825.002(c), (d), or (e).
(c)  A person may not be a trustee or an employee of the retirement system employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
(1)  the person is a paid officer, employee, or consultant of a Texas trade association in the field of investment or insurance; or
(2)  the person's spouse is a paid officer, employee, or consultant of a Texas trade association in the field of investment or insurance.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1230, Sec. 27, eff. September 1, 2007.
(e)  In this section, a Texas trade association means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(f)  A person may not serve as a trustee or act as the general counsel to the board or the retirement system if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business or an association related to the operation of the board.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 12, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 32, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 27, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.004. Terms of Office; Filling Vacancies

Sec. 825.004.  TERMS OF OFFICE;  FILLING VACANCIES.  (a)  Members of the board of trustees hold office for terms of six years.
(b)  A vacancy in the office of a trustee shall be filled for the unexpired term in the same manner that the office was previously filled.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.0041. Board Member Training

Sec. 825.0041.  BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board of trustees may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing retirement system operations;
(2)  the programs, functions, rules, and budget of the system;
(3)  the scope of and limitations on the rulemaking authority of the board of trustees;
(4)  the results of the most recent formal audit of the system;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts-of-interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the system or the Texas Ethics Commission.
(c)  A person appointed to the board of trustees is entitled to reimbursement under Section 825.007 for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the  person qualifies for office.
(d)  The executive director of the retirement system shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board of trustees.  Each member of the board of trustees shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 33, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 6, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 4, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.005. Oath of Office

Sec. 825.005.  OATH OF OFFICE.  Before taking office as a trustee, a person shall take the constitutional oath prescribed for officers of the state.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.006. Sunset Provision

Sec. 825.006.  SUNSET PROVISION.  The board of trustees of the Teacher Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The board shall be reviewed during the period in which state agencies abolished in 2035, and every 12th year after that year, are reviewed.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 219, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 729, Sec. 27, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.006 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 580, Sec. 3, eff. Sept. 1, 1989;  Acts 1989, 71st Leg., ch. 889, Sec. 4, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 1.26, eff. Nov. 12, 1991;  Acts 1993, 73rd Leg., ch. 812, Sec. 13, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 555, Sec. 34, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 7, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 8, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 596 (S.B. 619), Sec. 1.01, eff. June 10, 2019.
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 5, eff. May 26, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.08, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.007. Compensation; Expenses

Sec. 825.007.  COMPENSATION;  EXPENSES.  Trustees serve without compensation but are entitled to reimbursement from the expense account of the retirement system for all necessary expenses that they incur in the performance of official board duties.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.007 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.008. Voting

Sec. 825.008.  VOTING.  Each trustee is entitled to one vote.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.008 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.009. Leave for Member Trustees

Sec. 825.009.  LEAVE FOR MEMBER TRUSTEES.  (a)  A trustee appointed from a slate of members nominated by members of the retirement system under Section 825.002 is entitled to leave with pay from the trustee's public school employer to attend to the official business of the retirement system.
(b)  The retirement system may enter into an agreement with the public school employer to adequately compensate the employer for the loss of services of the trustee.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 14, eff. Nov. 12, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter A. Board of Trustees › Section 825.010. Grounds for Removal of Trustee

Sec. 825.010.  GROUNDS FOR REMOVAL OF TRUSTEE.  (a)  It is a ground for removal from the board of trustees that a trustee:
(1)  does not have at the time of taking office the qualifications required for the trustee's position;
(2)  does not maintain during service on the board the qualifications required for the trustee's position;
(3)  violates a prohibition established by Section 825.002(b) or 825.0032 applicable to the trustee;
(4)  cannot because of illness or disability discharge the trustee's duties for a substantial part of the term for which the trustee is appointed; or
(5)  is absent from more than half of the regularly scheduled board meetings that the person is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a trustee exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of trustees of the ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest officer of the board, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 14, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 35, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 9, eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 786 (H.B. 2120), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.101. General Administration

Sec. 825.101.  GENERAL ADMINISTRATION.  The board of trustees is responsible for the general administration and operation of the retirement system.  Notwithstanding any other law, the board of trustees has exclusive control over all assets held in trust by the retirement system and all operations funded by trust assets and shall administer the retirement system for the sole and exclusive benefit of the members and participants.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 20, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.102. Rulemaking

Sec. 825.102.  RULEMAKING.  Subject to the limitations of this subtitle, the board of trustees may adopt rules for:
(1)  eligibility for membership;
(2)  the administration of the funds of the retirement system;  and
(3)  the transaction of business of the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.1025. Negotiated Rulemaking; Alternative Dispute Resolution

Sec. 825.1025.  NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION.  (a)  The board of trustees shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of the retirement system's rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the retirement system's jurisdiction.
(b)  Subject to Subsection (d), the retirement system's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board of trustees shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the retirement system.
(d)  The board of trustees shall ensure that the implementation of this section and the negotiated rulemaking procedures and alternative dispute resolution procedures adopted under this section are consistent with the fiduciary responsibility imposed on the board by law.
Added by Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 10, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.104. Designation of Authority to Sign Vouchers

Sec. 825.104.  DESIGNATION OF AUTHORITY TO SIGN VOUCHERS.  (a)  The board of trustees shall file with the comptroller of public accounts an attested copy of a board resolution that designates the persons authorized to sign vouchers for payment from accounts of the retirement system.
(b)  A filed copy of the resolution required by Subsection (a) evidences the comptroller's authority to issue warrants for payment from funds of the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.105. Adopting Rates and Tables

Sec. 825.105.  ADOPTING RATES AND TABLES.  The board of trustees shall adopt rates and mortality, service, and other tables the board considers necessary for the retirement system after considering the results of the actuary's investigation of the mortality, service, and compensation experience of the system's members and beneficiaries.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.105 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.107. Records of Board of Trustees

Sec. 825.107.  RECORDS OF BOARD OF TRUSTEES.  (a)  The board of trustees shall keep, in convenient form, data necessary for:
(1)  actuarial valuation of the accounts of the retirement system;  and
(2)  checking the system's expenses.
(b)  The board shall keep a record of all of its proceedings.
(c)  Except as otherwise provided by this title, records of the board are open to public inspection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.107 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 825.108. Reports

Sec. 825.108.  REPORTS.  (a)  No later than December 15 of each year, the board of trustees shall publish a report in the Texas Register containing the following information:
(1)  the retirement system's fiscal transactions for the preceding fiscal year;
(2)  the amount of the system's accumulated cash and securities;  and
(3)  the rate of return on the investment of the system's cash and securities during the preceding fiscal year.
(b)  No later than March 1 of each year, the board of trustees shall publish a report in the Texas Register containing the balance sheet of the retirement system as of August 31 of the preceding fiscal year.  The report must contain an actuarial valuation of the system's assets and liabilities, including the extent to which the system's liabilities are unfunded.
(c)  A copy of the report required by Subsection (a) must be filed with the governor, the lieutenant governor, the speaker of the house of representatives, the State Pension Review Board, and the legislative audit committee no later than December 15 of each year.
(d)  A copy of the report required by Subsection (b) must be filed with the governor, the lieutenant governor, the speaker of the house of representatives, the State Pension Review Board, and the legislative audit committee no later than March 1 of each year.
(e)  The board shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the retirement system during the preceding fiscal year.  The annual report must meet the reporting requirements applicable to financial reporting provided in the General Appropriations Act.
(f)  The board shall prepare biennially a complete and detailed written report describing and explaining any use of appropriated amounts, retirement system assets, or other resources for governmental relations, member counseling, or official publications.  The report must be filed with the committees of the senate and the house of representatives having jurisdiction over appropriations, with the committees of the senate and the house of representatives having principal jurisdiction over legislation governing the retirement system, and with the Legislative Budget Board at the time the retirement system submits its budget request for the next state fiscal biennium.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 929, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.108 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.06(d), eff. Aug. 26, 1991;  Acts 1995, 74th Leg., ch. 555, Sec. 36, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 45, eff. September 1, 2013.
For expiration of this section, see Subsection (f).