reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 3. Employees: Transfer, Appointment, Duties, Qualifications and Compensation

Sec. 3. EMPLOYEES:  TRANSFER, APPOINTMENT, DUTIES, QUALIFICATIONS AND COMPENSATION.  All personnel employed in the Social Security Division of the State Department of Public Welfare are transferred to the Employees Retirement System of Texas.  The system shall appoint all employees and shall prescribe their duties and qualifications for employment.  The salaries and compensations of all employees shall be fixed by the Employees Retirement System of Texas commensurate with prevailing rates for similar state positions.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 4. Transfer of Personal Property and Equipment

Sec. 4. TRANSFER OF PERSONAL PROPERTY AND EQUIPMENT.  All personal property and equipment purchased out of the Social Security Administration Account now in use by the Social Security Division of the State Department of Public Welfare for the operation and administration of the program are hereby transferred to the Employees Retirement System of Texas.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 5. Transfer of Trust Funds

Sec. 5. TRANSFER OF TRUST FUNDS.  All trust funds created for social security purposes and specifically those known as the Social Security Fund Account identified in the state comptroller's records as Fund No. 913 and the Social Security Administration Account identified in the state comptroller's records as Fund No. 929 are hereby transferred to the Employees Retirement System of Texas.
Sec. 6. NEGOTIATION FOR AND ACQUISITION OF LANDS, BUILDINGS AND FACILITIES.  The Employees Retirement System of Texas is hereby authorized to negotiate for and to acquire from the United States government or any agency thereof or from any source whatever by gift, purchase, or leasehold for and on behalf of the State of Texas for use in the state service and in the operation and administration of the federal social security program as it now exists, or as it may hereafter be amended, any lands, buildings, and facilities within the State of Texas and any personal property and equipment wherever located and to take title thereto for and in the name of the State of Texas.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 7. Use of Trust Funds

Sec. 7. USE OF TRUST FUNDS.  Employees retirement system trust funds shall not be used in any manner or at any time for the administration of the social security trust funds or programs provided for herein.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228a-6. Administration of Social Security Programs by Employees Retirement System › Section 8. Effective Date

Sec. 8. EFFECTIVE DATE.  This Act shall become effective September 1, 1975.
Sec. 9. REPEAL OF CONFLICTING LAWS;  SAVING PROVISIONS.  All laws or parts of laws in conflict herewith are hereby repealed to the extent of such conflict only.  It is expressly provided, however, that Chapter 500, Acts of the 52nd Legislature, 1951, as amended (Article 695g, Vernon's Texas Civil Statutes), Chapter 467, Acts of the 54th Legislature, 1955, as amended (Article 695h, Vernon's Texas Civil Statutes), and Section 17.91, Texas Education Code, shall continue in full force and effect except wherein they conflict with this Act and, more particularly, those portions of those articles placing the operation and administration of the federal social security program under the State Department of Public Welfare, and wherever any power, duty, function, or responsibility is placed upon the executive director (commissioner) of public welfare, it shall be vested in the Employees Retirement System of Texas.
Acts 1975, 64th Leg., p. 966, ch. 366, Sec. 2 to 9, eff. Sept. 1, 1975.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228d. Death Before Retirement Under County Retirement Systems › Section 1.

Sec. 1. Any member of a retirement, disability and death compensation fund established by any county of this State pursuant to Section 62 of Article XVI of the Constitution of Texas, by written designation filed in such form and with such officer or employee as the Commissioners Court shall prescribe, may provide that the contributions made by such member to such fund, together with interest (if any) assigned to such contributions under such plan, shall be paid, in the event of the death of such member before retirement with an allowance of benefits from said fund, to such beneficiary as may be named by him in such written designation.  The member may change the beneficiary so designated, or revoke a designation previously made by filing with the Commissioners Court, or such officer or employee as may be designated by such Court, a notice in writing in such form as the Court may prescribe, of such change or revocation.
In the event the member dies before such retirement, without so designating a beneficiary to receive his accumulated contributions and interest if any, or in the event the beneficiary so designated predeceases the member, such sums shall be paid to his estate.  Payment of the accumulated contributions and interest of a member to the executor or administrator of his estate, or to his designated beneficiary, shall discharge the fund and its administrative officers from any other or further liability therefor.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228d. Death Before Retirement Under County Retirement Systems › Section 2.

Sec. 2. The provisions of this Act shall apply to all such retirement, disability and death compensation funds, whether such funds were established prior to the passage of this Act or subsequent to the passage of this Act.
Acts 1949, 51st Leg., p. 1174, ch. 588.  Amended by Acts 1951, 52nd Leg., p. 230, ch. 136.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228h. Assumption of Pension Liabilities of Participating Subdivision by Annexing Governmental Entity

Should any participating subdivision as defined under the provisions of Chapter 127, Acts of the 60th Legislature, Regular Session, 1967, as amended, establishing and regulating the Texas County and District Retirement System, be annexed into, merged with, or in any manner absorbed by a municipality or other governmental entity, such succeeding entity shall assume, provide for and continue all existing pension rights of the employees of such subdivision, and shall further succeed to the rights of such subdivision in the assets of such system.
Acts 1971, 62nd Leg., p. 992, ch. 179, Sec. 1, eff. Aug. 30, 1971.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6228j. Retirement, Disability and Death Benefit Systems for Appointive County Employees

(a)  A county may create a retirement, disability, and death benefit system for its appointive officers and employees if a majority of the qualified voters of the county voting on the proposition approve the creation at an election called for that purpose and advertised in at least one newspaper of general circulation in the county once a week for four consecutive weeks before the election is held.  Each member of a system shall contribute to the system an amount determined by the county, but not more than five percent of the member's annual compensation paid by the county.  The county shall contribute for each member an equal amount.
(b) The assets of a county system, after a sufficient portion is set aside each year to pay benefits as they accrue, shall be invested in bonds issued or guaranteed by the United States, this state, or counties or cities of this state.
Acts 1975, 64th Leg., p. 1127, ch. 426, Sec. 1, eff. Sept. 1, 1975.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 1. Purpose › Section 1.01. Amendment, Restatement, and Consolidation

Sec. 1.01.  AMENDMENT, RESTATEMENT, AND CONSOLIDATION.  (a)  The purpose of this article is to restate and amend the provisions of a former law governing the pension funds for police officers and fire fighters in certain municipalities (Chapter 4, Acts of the 43rd Legislature, 1st Called Session, 1933, also known as Article 6243a) having previously been amended and restated to permit the consolidation of the terms of certain pension plans created under Sections 1, 11A, and 11B of that Act for the purpose of simply and accurately reflecting the joint administration of the plans.
(b)   This article does not take away or reduce any accrued benefit contained in the plans created under former Article 6243a or under this article as it existed on or before August 31, 2017.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 2. General Provisions › Section 2.02. Actuarial Assumptions

Sec. 2.02.  ACTUARIAL ASSUMPTIONS.  (a)  If the amount of any benefit or contribution is to be determined on the basis of actuarial assumptions that are not otherwise specifically set forth for that purpose in this article, the actuarial assumptions to be used are those earnings and mortality assumptions being used on the date of the determination by the pension system's qualified actuary and approved by the board.
(b)  The actuarial assumptions being used at any particular time shall be attached by the executive director as an addendum to this article and treated for all purposes as a part of any plan created by this article.  The executive director shall promptly update any addendum to conform to any changed actuarial assumptions approved by the board.
(c) The actuarial assumptions may be changed by the pension system's qualified actuary at any time if approved by the board, but no such change in actuarial assumptions may result in any decrease in benefits accrued as of the effective date of the change.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 2. General Provisions › Section 2.025. Independent Actuarial Analysis and Legislative Recommendations

Sec. 2.025.  INDEPENDENT ACTUARIAL ANALYSIS AND LEGISLATIVE RECOMMENDATIONS.  (a)  Before July 1, 2024, the State Pension Review Board shall select an independent actuary who the board shall hire to perform an actuarial analysis of the most recently completed actuarial valuation of the pension system. The independent actuary shall submit the analysis to the State Pension Review Board and the board not later than October 1, 2024.  The analysis must include the independent actuary's:
(1)  conclusion regarding whether the pension system meets State Pension Review Board pension funding guidelines; and
(2)  recommendations regarding changes to benefits or to member or city contribution rates.
(b)  Subject to Subsection (d) of this section, not later than November 1, 2024, the board shall by rule adopt a plan that:
(1)  complies with funding and amortization period requirements applicable to the pension system under Subchapter C, Chapter 802, Government Code; and
(2)  takes into consideration the independent actuary's recommendations under Subsection (a)(2) of this section.
(b-1)  The board shall provide a copy of the analysis prepared under Subsection (a) of this section and a summary of any rules adopted by the board under Subsection (b) of this section to the State Pension Review Board.
(c)  Not later than December 1, 2024, the State Pension Review Board shall submit a report to the legislature regarding actions taken under this section.  The report required under this section must include a copy of the analysis prepared under Subsection (a) of this section and a summary of rules adopted by the board under Subsection (b) of this section.
(d)  Notwithstanding any other provision of this article, a rule adopted by the board under Subsection (b) of this section that conflicts with a provision of this article remains in effect until:
(1)  a law that is enacted by the legislature and becomes law preempts the rule; or
(2)  the board amends the rule and the amendment takes effect, provided the board may only amend the rule if the pension system complies with the funding and amortization period requirements applicable to the pension system under Subchapter C, Chapter 802, Government Code.
(e)  This section expires September 1, 2025.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 2. General Provisions › Section 2.03. References to Certain Law

Sec. 2.03.  REFERENCES TO CERTAIN LAW.  A reference to a statute made in this article includes a reference to any regulation, rule, order, or notice made by a governmental entity with the authority under law to adopt the regulation, rule, order, or notice, and on which the governmental entity intends persons to rely, as appropriate.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.011. Nominations Committee

Sec. 3.011.  NOMINATIONS COMMITTEE.  (a)  Subject to Subsection (b) of this section, the nominations committee consists of:
(1)  the executive director, who is a nonvoting member; and
(2)  the president, chair, or other executive head of the following organizations or their successor organizations, or that person's designee:
(A)  the Dallas Black Firefighters Association;
(B)  the Black Police Association of Greater Dallas;
(C)  the National Latino Law Enforcement Organization;
(D)  the Dallas Fraternal Order Police Lodge 588;
(E)  the Dallas Police Association;
(F)  the Dallas Fire Fighters Association, International Association of Fire Fighters Local No. 58;
(G)  the Dallas Hispanic Firefighters Association, Inc.;
(H)  the Dallas Police Retired Officers Association;
(I)  the Dallas Retired Firefighters Association;
(J)  the Retired Black Firefighters Association of Dallas; and
(K)  the Dallas Hispanic Retired Fire Fighters Association.
(b)  If an organization described by Subsection (a)(2) of this section elects not to participate on the nominations committee, is prohibited from participating on the nominations committee under Subsection (g) of this section, or ceases to exist, the nominations committee members appointed under that subsection consist only of representatives of the remaining organizations, if any.
(c)  The executive director shall serve as presiding officer of the nominations committee.
(d)  The nominations committee shall meet at the call of the presiding officer.
(e)  The nominations committee shall nominate trustees to the board in accordance with Sections 3.01(b)(2) and (b-3) of this article.
(f)  A person serving on the nominations committee under Subsection (a)(2) of this section serves without compensation and may not be reimbursed for travel or other expenses incurred while conducting the business of the nominations committee.  The executive director may not receive additional compensation for service on the nominations committee.
(g)  An organization described by Subsection (a)(2) of this section may not participate on the nominations committee unless the organization is in good standing with the secretary of state, if applicable.
(h)  Chapter 2110, Government Code, does not apply to the nominations committee.
(i)  The nominations committee may establish policies and procedures governing its operations.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.012. Removal of Trustees

Sec. 3.012.  REMOVAL OF TRUSTEES.  (a)  In accordance with procedures adopted by board rule, a trustee:
(1)  appointed under Section 3.01(b)(1) of this article may be removed by the mayor for cause; and
(2)  elected under Section 3.01(b)(2), (3), or (4) of this article may be removed by the nominations committee for cause.
(b)  It is a cause for removal of a trustee from the board that the trustee:
(1)  does not have at the time of taking office the qualifications required by Section 3.01(b) or (b-1)(1) of this article, subject to Subsection (b-3) of that section;
(2)  does not maintain during service on the board the qualifications required by Section 3.01(b) or (b-1)(1) of this article, subject to Subsection (b-3) of that section;
(3)  is ineligible for membership under Section 3.01(b-1)(2) or (b-2) of this article; or
(4)  is absent from more than 40 percent of the meetings that the trustee is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(c)  The validity of an action of the board is not affected by the fact that it is taken when a cause for removal of a trustee exists.
(d)  If the executive director has knowledge that a potential cause for removal exists, the executive director shall notify the chairman of the board of the potential cause.  The chairman shall then notify the mayor or nominations committee, as appropriate, that a potential cause for removal exists.  If the potential cause for removal involves the chairman, the executive director shall notify the vice chairman or next highest ranking officer of the board, who shall then notify the mayor or nominations committee, as appropriate, that a potential cause for removal exists.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.013. Trustee Training

Sec. 3.013.  TRUSTEE TRAINING.  (a)  A person who is appointed or elected to the board and qualifies for office as a trustee shall complete a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing the pension system's operations;
(2)  the programs, functions, rules, and budget of the pension system;
(3)  the scope of and limitations on the rulemaking authority of the board;
(4)  the results of the most recent formal audit of the pension 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 a trustee in performing the trustee's duties, including the board's fiduciary duties described under Section 3.01(a) of this article;
(6)  the code or codes of ethics adopted under Section 3.01(r) of this article and any applicable ethics policies adopted by the Texas Ethics Commission; and
(7)  financial training regarding the risks of investing in alternative investments.
(c)  The executive director shall create a training manual that includes the information required by Subsection (b) of this section.  The executive director shall distribute a copy of the training manual annually to each trustee.  On receipt of the training manual, each trustee shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.02. Professional Consultants

Sec. 3.02.  PROFESSIONAL CONSULTANTS.  In addition to the authority of the board to employ the services of certain consultants set forth in this article, the board has the authority to employ the services of any professional consultant recommended by the executive director, including investment advisors and investment managers, whenever the services of the consultants are considered necessary or desirable and in the best interests of the pension system, as determined by the board in consultation with the executive director.  A professional consultant shall receive such compensation as may be determined by the board in accordance with Section 4.01 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.025. Chief Investment Officer

Sec. 3.025.  CHIEF INVESTMENT OFFICER.  The executive director may hire a chief investment officer, subject to confirmation by the board, to assist the pension system regarding the investment of assets of the fund.  Compensation for a chief investment officer hired under this section shall be made in accordance with Section 4.01 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 3. Administration › Section 3.03. Legal Advisor

Sec. 3.03.  LEGAL ADVISOR.  (a)  The city attorney of the city may ex officio be the legal advisor to the board.
(b)  Subject to Subsection (b-1) of this section, the city attorney or an assistant city attorney may attend board meetings and may advise the board on any matter on which the pension system requests a legal opinion from the city attorney.
(b-1)  The city attorney or an assistant city attorney is not required to provide an opinion under Subsection (b) of this section unless the opinion is requested by the city council on behalf of the pension system.  The city attorney or assistant city attorney may decline to provide the opinion if the subject matter of the request is too dependent on disputed facts to permit a generalized opinion, as determined by the city attorney or assistant city attorney.
(c)  The board may retain other attorneys to serve as legal advisors to the board.  The executive director may hire a chief legal officer, subject to confirmation by the board, or other attorneys if necessary to carry out the business of the pension system.  Compensation for a chief legal officer or other attorneys hired under this subsection shall be made in accordance with Section 4.01 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.01. Payment of Administrative and Professional Services Fees

Sec. 4.01.  PAYMENT OF ADMINISTRATIVE AND PROFESSIONAL SERVICES FEES.  (a)  The board shall pay for all costs of administration out of the income from the fund when in the judgment of the board the costs are necessary, including the cost of:
(1)  salaries and benefits for the executive director and administrative staff;
(2)  office expenses;
(3)  expenses associated with securing adequate office space and associated utilities;
(4)  compensation for professional consultants, professional investment managers, or other persons providing professional services; and
(5)  any other expenses approved by the board.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 318 (H.B. 3158), Sec. 1.52(2), eff. September 1, 2017.
(c)  No expenditure for the costs of administration, including the payment of any fee for professional consultants, professional investment management services, or any other person providing professional services, may be made from the fund without the approval of the board.
(d)  After the board has developed an annual budget for the pension system, the budget shall be presented to the city manager for comment.  The city manager may request the board to reconsider the appropriation for any expenditure at a board meeting, but the board shall make the final determination concerning any appropriation.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.025. City or Member Contributions if No Unfunded Actuarial Liabilities

Sec. 4.025.  CITY OR MEMBER CONTRIBUTIONS IF NO UNFUNDED ACTUARIAL LIABILITIES.  Notwithstanding Section 4.02 or 4.03 of this article, if the pension system has no unfunded actuarial liability according to the most recent actuarial valuation, the annual normal costs must be equally divided between the city and the members unless equally dividing the costs would increase the member contribution rates beyond the rates prescribed by Section 4.03 of this article.  The board shall adjust the city contribution rates under Section 4.02 of this article and the member contribution rates under Section 4.03 of this article accordingly, and certify the adjusted rates.  After the completion of a subsequent actuarial valuation showing unfunded actuarial liabilities, the contribution rates applicable under Sections 4.02 and 4.03 of this article apply.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.05. Investment Counselor; Qualifications

Sec. 4.05.  INVESTMENT COUNSELOR; QUALIFICATIONS.  (a)  The board may employ from time to time an investment counselor to advise the board in the investment and reinvestment of the assets of the fund.  Only the following are eligible for employment as an investment counselor:
(1)  any organization whose regular business functions include rendering investment advisory services to pension and retirement funds and that is registered as an "investment adviser" under the Investment Advisers Act of 1940; and
(2)  any bank, as defined in the Investment Advisers Act of 1940, that maintains a trust department and offers investment services to pension and retirement funds.
(b)  The investment counselor shall receive such compensation as may be determined by the board and as authorized by Section 4.01 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.06. Investment Custody Account or Master Trust Agreements

Sec. 4.06.  INVESTMENT CUSTODY ACCOUNT OR MASTER TRUST AGREEMENTS.  (a)  If the board contracts for investment management services as authorized by Section 4.07 of this article, it may, with respect to every such contract, also enter into an investment custody account agreement, designating one or more banks as custodian or master trustee for any assets of the fund.
(b)  Under a custody account or master trust agreement, the board shall require the designated bank to perform the duties and assume the responsibilities of a custodian in relation to the investment contract to which the custody account or master trust agreement is established.
(c)  The authority of the board to make a custody account or master trust agreement is supplementary to its authority to make an investment management contract.  Allocation of assets to a custody account or master trust shall be coordinated by the executive director, as authorized by the board, and the bank designated as custodian or master trustee for the assets.
(d)  Any custody account or master trust agreement made by the board shall establish such compensation for the custodian or master trustee as may be determined by the board and as authorized by Section 4.01 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.071. Board Approval of Certain Alternative Investments

Sec. 4.071.  BOARD APPROVAL OF CERTAIN ALTERNATIVE INVESTMENTS.  (a)  The executive director, an investment manager, a provider of professional investment management services or professional advisory services, or any other person delegated authority to invest or reinvest pension system assets under this article may not invest pension system assets in a single alternative investment unless the board votes to approve the investment by at least a two-thirds vote of all the trustees.
(b)  The board may adopt rules necessary to implement this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.08. Actuarial Valuation

Sec. 4.08.  ACTUARIAL VALUATION.  (a)  The board has the authority to employ a qualified actuary to provide a continuing observation of the operation of the pension system and to make recommendations and give advice to the board about the condition of the assets of the fund and the administration of the pension system.  A qualified actuary shall receive such compensation as is determined by the board in accordance with Section 4.01 of this article.
(b)  A qualified actuary shall perform continuing actuarial observation of the assets of the fund not less than once every two years and make a report of the condition of the assets of the fund to the board.  The board may require more frequent reports.
(c)  On written request by the city, the executive director shall make available to the city's actuary or auditor the information and documents provided to or used by the pension system's actuary or auditor in conducting an actuarial valuation under this article or preparing any other document prepared under this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 4. Finances › Section 4.09. Rewards, Donations, and Contributions

Sec. 4.09.  REWARDS, DONATIONS, AND CONTRIBUTIONS.  Any reward, donation, or contribution given to any member as payment or gratuity for service performed in the line of duty shall be turned over to the chief of the member's department, who shall, in turn, forward the reward, donation, or contribution to the executive director of the pension system for deposit in the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 5. Membership › Section 5.03. Termination of Group B Membership

Sec. 5.03.  TERMINATION OF GROUP B MEMBERSHIP.  (a)  Group B membership, whether by voluntary application or as a condition of employment, may be terminated by the Group B member only when the person ceases to be on active service.
(b)  Once a police officer or fire fighter becomes a Group B member, whether by voluntary application or as a condition of employment, the person may never transfer the membership to become a Group A member and may never transfer the membership to any pension plan for police officers and fire fighters that may be created in the future unless the terms of that plan allow the transfer.
(c)  A Group B member who is on active service and was a former contributing member of either the old plan or Plan A may elect, when applying for either a retirement or disability pension if applicable, to terminate membership and receive a Group A retirement or disability pension under the applicable provisions of this article, if the Group B member's application for retirement or disability pension is granted by the board.
(c-1)  A Group B member who is not on active service and was a former contributing member of either the old plan or Plan A may elect, when applying for a retirement pension, to terminate membership and receive a Group A retirement pension under the applicable provisions of this article, if the Group B member's application for retirement pension is granted by the board.
(d)  If a Group B member described by Subsection (c) or (c-1) of this section has elected and been granted a Group A retirement or disability pension under the applicable provisions of this article, the person is entitled to a reimbursement from the fund.  The reimbursement shall be equal to that portion of the person's contributions to the fund, without interest, from the person's effective date of Group B membership until the time the person left active service that is in excess of the total amount the person would have contributed as a Group A member or as a member of the old plan or Plan A for the same period.  A Group B member desiring a refund of excess contributions must make written application for the refund with the executive director within three years after the date the person's Group A retirement or disability pension, whichever is applicable, begins, otherwise, the person will lose all right, title, interest, or claim to the refund until such time as the board grants the refund in response to the person's written request.  The refund shall be made as soon as practicable after written application is filed with the executive director.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 5. Membership › Section 5.05. Pension Service

Sec. 5.05.  PENSION SERVICE.  (a)  Subject to Subsection (d) of this section and except as provided by Subsection (e) of this section, a member shall receive pension service for the time, computed in years and fractional years for months and days, completed as a member of the combined pension plan, the old plan, Plan A, or Plan B.
(b)  A member who elects to pay contributions for time spent on military leave, authorized non-uniformed leave of absence, or for an apprenticeship or probationary period, or for any other reason provided for by this article may receive pension service for the time for which the member is contributing only to the extent provided under Section 5.07(d), 5.08, or 5.09 of this article.
(c)  If a member, either voluntarily or involuntarily, leaves active service and later returns to active service, the person shall receive full pension service for the period of the person's original membership, if the person did not withdraw the person's contributions pursuant to Section 4.04 of this article.  If, however, the member had withdrawn the person's contributions and did not replace the previously withdrawn contributions as required by Section 4.04 of this article, the member forfeits any pension service attributable to any period of time for which the respective contributions were not repaid.
(d)  If a member is assigned, for any period, to a job-sharing program or any similar work schedule that is considered by the member's department to be less than a full-time work schedule, the member's pension service is determined by multiplying the pension service that could have been earned for full-time work during the period by a fraction, the numerator of which is the number of hours the member actually worked during the period and the denominator of which is the number of hours the member would have worked during the period if the member had been working a full-time work schedule.  This proration may not affect the computation of pension service for a member during any period the member is on leave:
(1)  because of an illness or injury; or
(2)  receiving periodic payments of workers' compensation.
(e)  Notwithstanding any other provision in this section, a member may not receive pension service attributable to nonqualified service to the extent the pension service would result in either more than five years of permissive service attributable to nonqualified service being taken into account, or any permissive service being taken into account before the member has completed at least five years of active service.  In this subsection, "permissive service" and "nonqualified service" have the meanings described by Section 415(n)(3) of the code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 5. Membership › Section 5.06. Vested Rights of Group B Members

Sec. 5.06.  VESTED RIGHTS OF GROUP B MEMBERS.  (a)  If a Group B member accrues five years of pension service, whether the pension service is accrued while a Group B member or while a member of the old plan, Plan B, Plan A, the combined pension plan, or a combination of the plans, the Group B member has vested rights and is eligible to apply for a retirement pension in accordance with Section 6.02 of this article.
(b)  If a Group B member has vested rights as determined under Subsection (a) of this section, and the Group B member either voluntarily or involuntarily leaves active service before becoming eligible to receive any benefits under Section 6.02 of this article, the person shall be provided with a letter approved by the board and signed by the executive director that, barring unrepaid refunds, clerical error, miscalculation, or other error, is incontestable and shall state:
(1)  the total amount of pension service the Group B member had accrued until the date the person left active service;
(2)  the total amount of contributions the Group B member made under the terms of Plan B and the combined pension plan; and
(3)  the monthly retirement pension due the Group B member at age 58.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.021. Authority to Adopt Alternative Multipliers for Computation of Certain Group B Benefits

Sec. 6.021.  AUTHORITY TO ADOPT ALTERNATIVE MULTIPLIERS FOR COMPUTATION OF CERTAIN GROUP B BENEFITS.  (a)  For purposes of Section 6.02(c-1) or (d)(2) of this article, the board by rule may adopt alternative multipliers, including an alternative table prescribing actuarially appropriate multipliers.  In adopting rules under this subsection, the board shall designate the date on which the alternative multiplier shall take effect.
(b)  Copies of any alternative multipliers adopted under this section must be maintained at the principal office of the pension system and published on the pension system's publicly available Internet website.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.022. Authority to Reduce Retirement Age

Sec. 6.022.  AUTHORITY TO REDUCE RETIREMENT AGE.  Notwithstanding any other law, the board may reduce the age at which a Group B member is eligible to begin receiving a retirement pension, including an actuarially reduced retirement pension, under Section 6.02 of this article if the board determines that the reduction will not cause the amortization period of the unfunded actuarial accrued liability of the pension system to exceed 25 years, after taking into account the impact of the reduction.  A board action under this section may not take effect until the State Pension Review Board reviews the board's determination described by this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.035. Disability Benefits for Certain Persons in Uniformed Services

Sec. 6.035.  DISABILITY BENEFITS FOR CERTAIN PERSONS IN UNIFORMED SERVICES.  (a)  In this section, "uniformed services" has the meaning assigned by the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.).
(b)  This section applies to a person who was released from the uniformed services after December 17, 2001, under conditions that would have made the person eligible for benefits under Section 414(u) of the code if the person could have returned to active service.
(c)  If a person subject to this section was unable to return to active service by reason of disability incurred while on a leave of absence due to service in the uniformed services, that person is entitled to a regular disability pension in accordance with Section 6.03 of this article, calculated in accordance with Section 6.04 of this article.
(d)  Notwithstanding Section 6.03(g) of this article, a written application for a disability pension must be filed not later than the 180th day after the date of the person's release from the uniformed services.
(e)  A person subject to this section is entitled to receive pension service for the period of service with the uniformed services only to the extent that contributions are made for that period in accordance with this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.05. Compensation Benefits for Service-Connected Disability

Sec. 6.05.  COMPENSATION BENEFITS FOR SERVICE-CONNECTED DISABILITY.  (a)  If a member leaves active service at any time due to disability and the board determines that the member with the disability became unable to perform the member's duties with the member's department due to an injury or sickness incurred in the performance of the member's duties, the member is entitled to periodic disability compensation benefits in accordance with this section.
(b)  Subject to Subsection (b-1), a Group A member whose disability, as determined by the board, was caused by an injury or sickness incurred in the performance of the member's duty shall receive a monthly benefit equal to 60 percent of the member's base pay.  For purposes of this subsection, "base pay" is the amount in effect on the date compensation benefits under this section are to begin, without subsequent adjustment.
(b-1)  Instead of receiving a periodic disability compensation benefit under Subsection (b) of this section, a Group A member who is entitled to periodic disability compensation benefits under this section may elect, before the benefits begin, to receive those benefits as a monthly benefit equal to 50 percent of the member's base pay adjusted from time to time to reflect changes in base pay that occur after the member began receiving a monthly compensation benefit under this section.
(c)  A Group B member whose disability, as determined by the board, was caused by an injury or sickness incurred in the performance of the member's duty shall receive a monthly benefit equal to the disability pension under Sections 6.04(f), (f-1), (f-2), and (f-3) of this article except that if the member:
(1)  does not have 20 years of pension service, the member is considered to have 20 years of pension service for the purposes of calculating the disability pension under that section; and
(2)  has less than 36 or 60 consecutive months, as applicable, of employment with the department, the member's average computation pay will be computed based on all the member's computation pay, and days during which the member earned no pension service due to a termination of active service or otherwise must be disregarded in determining either the 36 or 60 consecutive months of highest computation pay.
(d)  Redesignated as Sec. 6.055 by Acts 2017, 85th Leg., R.S., Ch. 318 (H.B. 3158), Sec. 1.35, eff. September 1, 2017.
(e)  For purposes of Subsection (d) of this section, the phrase "earned income" means income earned by a Group B pensioner in the form of wages, salaries, commissions, fees, tips, unemployment benefits, and other amounts received by virtue of employment or self-employment but paid before any deduction for taxes or insurance.  In addition, earned income also includes those amounts contributed on a before-tax basis to any retirement plan or employee health and welfare benefit plan.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.055. Reduction in Disability or Compensation Benefits for Certain Persons

Sec. 6.055.  REDUCTION IN DISABILITY OR COMPENSATION BENEFITS FOR CERTAIN PERSONS.  (a)  In this section, "earned income" means income earned by a Group B pensioner in the form of wages, salaries, commissions, fees, tips, unemployment benefits, and other amounts received by virtue of employment or self-employment but paid before any deduction for taxes or insurance.  In addition, earned income also includes those amounts contributed on a before-tax basis to any retirement plan or employee health and welfare benefit plan.
(b)  The board shall require any Group B pensioner who became a member of Plan B or the combined pension plan on or after May 1, 1990, and who is receiving a Group B disability pension under Section 6.04 of this article or a periodic disability compensation under Section 6.05 of this article to provide the board annually, on or before July 1 of each year, with a true and complete copy of those portions of the person's federal and, if applicable, state tax return, including appropriate schedules, for the previous calendar year that indicate the person's occupations, if any, and earned income for the previous calendar year.  If the pensioner did not file a tax return for the previous calendar year, the board may require other documentation reflecting the pensioner's occupation or earned income that the board determines appropriate.
(c)  The pension system may waive the July 1 date under Subsection (b) of this section in lieu of one later in the same calendar year if the Group B pensioner provides the board with a true and complete copy of a grant of an extension of time for the filing of the person's tax return from the appropriate governmental agency or a true and complete copy of an extension request that results in any automatic extension.
(d)  If, after evaluating the information received under Subsection (b) of this section, the board finds the Group B pensioner is or has been receiving earned income from one or more employments, including self-employment, during the preceding year, the board shall reduce future disability retirement payments to the Group B pensioner in accordance with the following formula:  $1 for each $1 that the sum of "a" + "b" is greater than "c," where "a" is the earned income of the Group B pensioner attributable to the previous calendar year from the person's employments, "b" is the total amount of Group B disability retirement payments received by the Group B pensioner the previous calendar year, and "c" is the annualized amount of the average computation pay the Group B pensioner received as of the date the person left active service.
(e)  For purposes of the computation under Subsection (d) of this section, the average computation pay shall be deemed increased at a rate of 2.75 percent, without compounding during the year, as of each January 1 that the Group B pensioner receives a Group B disability retirement payment.