reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter E. Death Benefits › Section 844.408. No Surviving Spouse, Executor, or Administrator

Sec. 844.408.  NO SURVIVING SPOUSE, EXECUTOR, OR ADMINISTRATOR.  (a)  In this section "heirs" has the meaning assigned by Chapter 22, Estates Code, except that the term excludes any person who has filed a proper disclaimer or renunciation with the retirement system.
(b)  If the administrator of a deceased member's estate would be entitled to a refund or an annuity because of the death of the member, the heirs of the deceased member may apply for and receive the benefit if:
(1)  no petition for the appointment of a personal representative of the member is pending or has been granted;
(2)  30 days have elapsed since the date of death of the member;
(3)  the value of the entire assets of the member's probate estate, excluding homestead and exempt property, does not exceed $50,000; and
(4)  on file with the retirement system is a certified copy of a small estates affidavit that has been approved and filed in accordance with Chapter 205, Estates Code, or an original affidavit described by Subsection (c).
(c)  If no affidavit has been filed with the clerk of the court having jurisdiction and venue as provided by Chapter 205, Estates Code, the retirement system may accept instead an affidavit sworn to by two disinterested witnesses and by those heirs who have legal capacity and, if the facts warrant, by the natural guardian or next of kin of any minor or incompetent who is also an heir.  The affidavit must include the names and addresses of the heirs and witnesses, establish the facts listed in Subsection (b), include a list of the assets and liabilities of the estate, show the facts that constitute the basis for the right of the heirs to receive the estate, and show the fractional interests of the heirs in the estate as a result of those facts.
(d)  If the retirement system, acting through the director or a person designated by the director, approves the affidavit, the heirs may make the election if each heir agrees to it.
Added by Acts 1999, 76th Leg., ch. 427, Sec. 39, eff. Dec. 31, 1999.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 40, eff. Dec. 31, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 20, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 52, eff. January 1, 2008.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.043, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter F. Optional Group Term Life Program › Section 844.501. Coverage in Optional Group Term Life Program

Sec. 844.501.  COVERAGE IN OPTIONAL GROUP TERM LIFE PROGRAM.  (a)  An employee of a participating subdivision is included within the coverage of the optional group term life program on that day in the first month in which:
(1)  the employing subdivision is participating in the program for coverage of all members it employs;
(2)  the employee is a member of the retirement system; and
(3)  the employee is required to make a contribution to the retirement system.
(b)  Once established, coverage of a person in the program continues until the last day of a month in which a requirement of Subsection (a) is not met.
(c)  The optional group term life program constitutes "group term life insurance purchased for employees" as described by Section 79, Internal Revenue Code of 1986.
Added by Acts 1981, 67th Leg., 1st C.S., p. 212, ch. 18, Sec. 53, eff. Nov. 10, 1981.  Amended by Acts 1987, 70th Leg., ch. 63, Sec. 10, eff. May 6, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 41, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 54, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter F. Optional Group Term Life Program › Section 844.502. Extended Optional Group Term Life Coverage

Sec. 844.502.  EXTENDED OPTIONAL GROUP TERM LIFE COVERAGE.  (a)  A member included in the coverage of the optional group term life program who fails to earn compensation in a month for service to a subdivision participating in the program may be eligible to receive extended coverage in the program under this section.
(b)  A member who dies within 24 months after the date the member last made a required contribution to the retirement system is considered to have received extended program coverage if the retirement system receives at its office after the member's death:
(1)  evidence that the retirement system considers satisfactory to establish that, as a result of illness or injury, the member was unable to engage in gainful employment throughout the period beginning with the date of the last required contribution and ending on the date of death;
(2)  a statement from the subdivision, on a form approved by the board of trustees, that the member was on leave of absence under the Family and Medical Leave Act of 1993 (Pub. L. 103-3) throughout the period beginning with the date of the last required contribution and ending on the date of death;  or
(3)  a statement from the subdivision, on a form approved by the board of trustees, that the member was on leave of absence under the Family and Medical Leave Act of 1993 (Pub. L. 103-3) during part of the period beginning with the date of the last required contribution and ending on the date of death, with evidence that the retirement system considers satisfactory to establish that, throughout the rest of the period, the member was unable to engage in gainful employment as a result of illness or injury.
(c)  Repealed by Acts 2001, 77th Leg., ch. 122, Sec. 56(6), eff. Dec. 31, 2001.
(e), (f) Repealed by Acts 1999, 76th Leg., ch. 427, Sec. 64(16), eff. Dec. 31, 1999.
Added by Acts 1981, 67th Leg., 1st C.S., p. 212, ch. 18, Sec. 53, eff. Nov. 10, 1981.  Amended by Acts 1985, 69th Leg., ch. 491, Sec. 23, eff. June 12, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.502 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 25, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 427, Sec. 40, 64(16), eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 122, Sec. 56(6), eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 55, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 56, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter F. Optional Group Term Life Program › Section 844.503. Member Optional Group Term Life

Sec. 844.503.  MEMBER OPTIONAL GROUP TERM LIFE.  (a)  In this section, the terms "regular rate of pay," "hours worked," "salary basis," and "regular salary" have meanings that are consistent with the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.).
(b)  If a person included in the coverage or extended coverage of the optional group term life program dies, a lump-sum supplemental death benefit is payable from the optional group term life fund in an amount equal to the current annual compensation of the member at the time of death.
(c)  The current annual compensation of a member who is not exempt from the minimum wage and maximum hour requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.) is computed by converting to an annual basis the regular rate of pay of the member for the most recent hour worked and proportionately reducing that annual basis if the member is not employed in a full-time position.  The current annual compensation of a member who is exempt from those minimum wage and maximum hour requirements and who is paid on a salary basis is computed by converting to an annual basis the regular salary paid to the member for the most recent pay period of active employment.
(d)  If a member, because of a change in employment, makes contributions to the retirement system during the same month as an employee of more than one subdivision participating in the optional group term life program, a death benefit is payable only on the basis of the member's most recent employment.  If a member, because of simultaneous employment by more than one subdivision, makes contributions to the retirement system during the same month as an employee of more than one subdivision participating in the program, a death benefit is payable on the basis of the member's employment by each subdivision participating in the program.
(e)  The board of trustees by rule may require such proof of compensation and periods of employment as it finds necessary.
Added by Acts 1981, 67th Leg., 1st C.S., p. 212, ch. 18, Sec. 53, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.503 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 42, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 57, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 58, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter F. Optional Group Term Life Program › Section 844.504. Retiree Optional Group Term Life Benefit

Sec. 844.504.  RETIREE OPTIONAL GROUP TERM LIFE BENEFIT.  If a retiree dies who was receiving a retirement annuity based on service for a subdivision that has elected to provide, and continues to provide, postretirement optional group term life coverage, a lump-sum death benefit is payable from the optional group term life fund in the amount of $5,000.
Added by Acts 1981, 67th Leg., 1st C.S., p. 212, ch. 18, Sec. 53, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.504 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 26, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 122, Sec. 43, eff. Dec. 31, 2001;  Acts 2003, 78th Leg., ch. 621, Sec. 24, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 59, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter F. Optional Group Term Life Program › Section 844.505. Beneficiary of Optional Group Term Life Benefit

Sec. 844.505.  BENEFICIARY OF OPTIONAL GROUP TERM LIFE BENEFIT.  (a)  Unless a member has directed otherwise on a form prescribed by the board of trustees and filed with the retirement system:
(1)  an optional group term life benefit under Section 844.503 is payable to the person entitled to receive the decedent's accumulated contributions, unless the decedent was an eligible member under Section 844.407, in which case the benefit is payable to the beneficiary designated by the decedent or, if no designation was made, to the person entitled under that section to receive a survivor annuity; and
(2)  an optional group term life benefit under Section 844.504 is payable to a person entitled to receive any remaining payments of the decedent's annuity.
(b)  If a person entitled under this section to receive an optional group term life benefit does not survive the member or retiree covered by the optional group term life program, the benefit is payable to the person to whom a benefit under Subchapter B or D is payable, or if no benefit is payable under those subchapters, to the person to whom a benefit under Subchapter E is or would be payable.
Added by Acts 1981, 67th Leg., 1st C.S., p. 212, ch. 18, Sec. 53, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 54.505 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 427, Sec. 41, eff. Dec. 31, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 59, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter G. Fixed Contribution Rate Plan › Section 844.601. Plan Funding by Non-Adopting County

Sec. 844.601.  PLAN FUNDING BY NON-ADOPTING COUNTY.  (a)  This section applies only to a county that began participation in the retirement system before January 1, 1992, and has not adopted the provisions of Subchapter H.
(b)  Except as provided by Subsections (c) and (d), the county shall contribute to its account in the subdivision accumulation fund at the same rate of current service compensation as the employee contribution rate for the county.
(c)  If in any year the retirement system's actuary determines that the contributions of the county to the subdivision accumulation fund under Subsection (b) will not finance the county's obligations to the fund within the closed or open amortization period recommended by the actuary and adopted by the board of trustees for all subdivisions, the governing body of the county shall adopt an order to reduce the amortization period to the maximum period established by the board.  The actuary shall determine appropriate remedies for review and adoption by the county.  An order adopted under this subsection must first be approved by the board of trustees and must require:
(1)  a reduction in the employee contribution rate to a rate not less than four percent of current service compensation;
(2)  additional employer contributions under a supplemental contribution rate as provided by Subsection (e);
(3)  a reduction in the percentage for determining multiple matching credits in five percent increments for contributions made after the effective date of the reduction; or
(4)  any combination of these actions.
(d)  An order adopted under Subsection (c) takes effect on the first day of the calendar year that begins after the date the retirement system's actuary makes a determination described by Subsection (c).
(e)  A supplemental contribution rate under this section is the rate of contribution by the county to its account in the subdivision accumulation fund, in addition to the contributions required under Subsection (b), that the retirement system's actuary determines and certifies is required to amortize the obligations of the county to the subdivision accumulation fund within the established amortization period.
(f)  A county that has not adopted the provisions of Subchapter H may not adopt additional options and may not increase service credits or benefits otherwise allowable under this subtitle except for an increase in the rate of employee contributions  or an increase in the percentage of multiple matching credits to a rate or percentage that does not exceed the rate or percentage in effect on January 1, 2010.
Added by Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 22, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter H. Annually Determined Contribution Rate Plan › Section 844.701. Applicability

Sec. 844.701.  APPLICABILITY. 
			Except for a county described by Section 844.601, this subchapter applies to each subdivision that participates in the retirement system.
Added by Acts 1991, 72nd Leg., ch. 460, Sec. 21, eff. Jan. 1, 1992.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 23, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 844 - Benefits › Subchapter H. Annually Determined Contribution Rate Plan › Section 844.702. Member Contributions

Sec. 844.702.  MEMBER CONTRIBUTIONS.  (a)  The governing body of the subdivision may designate the rate of member contributions for employees of the subdivision to take effect beginning on the effective date of adoption of the plan provisions of this subchapter.  The subdivision may elect a rate of four, five, six, or seven percent of the current service compensation of its employees.  The governing body of the subdivision may thereafter increase or decrease the contribution rate to take effect on the next January 1 after the date of adoption of the increase or decrease, in accordance with the provisions of Sections 845.402(b) and (c).
(b)  If necessary under Section 844.703(h), a subdivision's member contribution rate may be reduced to one, two, three, four, five, or six percent of the current service compensation of its employees.
Added by Acts 1991, 72nd Leg., ch. 460, Sec. 21, eff. Jan. 1, 1992.  Amended by Acts 1993, 73rd Leg., ch. 175, Sec. 16, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 245, Sec. 29, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 427, Sec. 45, eff. Dec. 31, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.001. Composition of Board of Trustees

Sec. 845.001.  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. 55.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.002. Appointment

Sec. 845.002.  APPOINTMENT.  The governor shall appoint the members of the board of trustees with the advice and consent of the senate.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.003. Eligibility

Sec. 845.003.  ELIGIBILITY.  (a)  To be eligible to serve as a trustee a person must be:
(1)  a member of the retirement system and an employee of a participating subdivision;  or
(2)  a retiree of the retirement system.
(b)  If a person serving as a trustee ceases to meet an eligibility requirement under Subsection (a), the person shall vacate the office of trustee.
(c)  A person serving as trustee who fails to attend four consecutive regular meetings of the board of trustees may not act as a trustee and is considered to have vacated the office of trustee.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 214, ch. 18, Sec. 54, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 621, Sec. 29, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 65, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.004. Term of Office

Sec. 845.004.  TERM OF OFFICE.  Trustees hold office for staggered terms of six years, with the terms of three trustees expiring December 31 of each odd-numbered year.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.005. Oath of Office

Sec. 845.005.  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. 55.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.007. Meetings

Sec. 845.007.  MEETINGS.  (a)  The board of trustees shall hold four regular meetings each year and special meetings when called by the director.
(b)  Before the fifth day preceding the day of a special meeting, the director shall give written notice of the meeting to each trustee unless notice is waived.
(c)  Except as otherwise permitted by Section 845.301(a-1), Chapter 551, or other law, all meetings of the board must be open to the public.
(d)  The board shall hold its meetings in the office of the board or in a place specified by the notice of the meeting.
(e)  Notwithstanding Chapter 551 or any other law, the board of trustees may hold an open or closed meeting by telephone conference call, videoconference, or other similar telecommunication method.  The board may use a telephone conference call, videoconference, or other similar telecommunication method for purposes of establishing a quorum or voting or for any other meeting purpose in accordance with Subsection (f) and this subsection.  This subsection applies without regard to the subject matter discussed or considered by the board at the meeting.
(f)  A meeting held by telephone conference call, videoconference, or other similar telecommunication method:
(1)  is subject to the notice requirements applicable to other board meetings;
(2)  may not be held unless notice of the meeting specifies the location of the meeting at which at least one trustee of the board will be physically present; and
(3)  must be open and audible to the public at the location specified in the notice under Subdivision (2) during the open portions of the meeting.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.007 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 621, Sec. 30, eff. Jan. 1, 2004.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 66, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.008. Compensation; Expenses

Sec. 845.008.  COMPENSATION;  EXPENSES.  Each trustee serves without compensation but is entitled to:
(1)  reimbursement for reasonable traveling expenses incurred in attending board meetings or authorized committee and association meetings or incurred in the performance of other official board duties;  and
(2)  payment of an amount equal to any compensation withheld by the trustee's employing subdivision because of the trustee's attendance at board meetings.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.008 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter A. Board of Trustees › Section 845.009. Voting

Sec. 845.009.  VOTING.  (a)  Each trustee is entitled to one vote.
(b)  At any meeting of the board, five or more concurring votes are necessary for a decision or action by 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. 55.009 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.101. Administration

Sec. 845.101.  ADMINISTRATION.  (a)  The retirement system is a trust.
(b)  The board of trustees is responsible for the administration 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. 55.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.102. Rules and Standards

Sec. 845.102.  RULES AND STANDARDS.  (a)  The board of trustees shall adopt rules and perform reasonable activities necessary or desirable for efficient administration of the system.
(b)  Subject to the provisions of this subtitle, the board of trustees may establish systemwide standards to which all subdivisions are subject and that apply to all members of the retirement system or to all members similarly situated in a class.  The board may establish or modify a systemwide standard at a time and in a manner the board determines to be appropriate and in the best interests of the system, the members, or their 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. 55.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 67, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.103. Administering System Assets

Sec. 845.103.  ADMINISTERING SYSTEM ASSETS.  (a)  The board of trustees may sell, assign, exchange, or trade and transfer any security in which the retirement system's assets are invested.  The board may use or reinvest the proceeds as the board determines that the system's needs require.
(b)  In handling the funds of the retirement system, the board of trustees has all powers and duties granted to the comptroller that formerly were granted to the State Depository 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. 55.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.104. Accepting Gift, Grant, or Bequest

Sec. 845.104.  ACCEPTING GIFT, GRANT, OR BEQUEST.  The board of trustees shall accept a gift, grant, or bequest of money or securities:
(1)  for the purpose designated by the grantor if the purpose provides an endowment or retirement benefits to some or all participating employees or annuitants of the retirement system;  or
(2)  otherwise, for deposit in the endowment fund.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.104 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.105. Indebtedness; Payment

Sec. 845.105.  INDEBTEDNESS;  PAYMENT.  (a)  The board of trustees may:
(1)  incur indebtedness;
(2)  on the credit of the retirement system, borrow money to pay expenses incident to the system's operation;
(3)  renew, extend, or refund its indebtedness;  or
(4)  issue and sell negotiable promissory notes or negotiable bonds of the system.
(b)  A note or bond issued under this section must expressly state that the note or bond is not an obligation of this 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. 55.105 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 427, Sec. 48, eff. Dec. 31, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.106. Grants and Payment of Benefits

Sec. 845.106.  GRANTS AND PAYMENT OF BENEFITS.  The board of trustees, in accordance with this subtitle, shall consider all applications for annuities and benefits and shall decide whether to grant the annuities and benefits.  The board may suspend one or more payments in accordance with this subtitle.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.106 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.107. Audits and Reviews

Sec. 845.107.  AUDITS  AND REVIEWS.(a)  In this section:
(1)  "Audit" means an audit authorized or required by a statute of this state or of the United States or initiated or commissioned by the board of trustees.  The term includes a financial audit, compliance audit, economy and efficiency audit, effectiveness audit, performance audit, risk audit, and investigation.
(2)  "Audit working paper" includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including:
(A)  internal or external communications relating to the audit that are made or received in the course of the audit; and
(B)  drafts of an audit report or portions of those drafts.
(b)  Annually, or more often, the board of trustees shall have the accounts of the retirement system audited by a certified public accountant.
(c)  In addition to the financial audit required by Subsection (b), the board of trustees may initiate or commission an audit or investigation of activities, functions, or operations of the retirement system as the board determines appropriate.
(d)  Audit working papers prepared, maintained, or assembled by the retirement system or an agent of the system are not a record of the board of trustees for purposes of Section 845.112, and are confidential and excepted from the disclosure requirements of Chapter 552.
(e)  Unless made confidential under other law, an audit report, when accepted by the board of trustees in its final form, is a record of the board and public information.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.107 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 25, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.108. Designation of Authority to Disburse Funds

Sec. 845.108.  DESIGNATION OF AUTHORITY TO DISBURSE FUNDS.  The director is authorized to sign checks and authorize fund transfers for payments from the assets of the retirement system.  The director may designate in writing additional persons to have authority to sign checks and authorize fund transfers for payments from the assets 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. 55.108 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 309, Sec. 18, eff. Dec. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.109. Depositories

Sec. 845.109.  DEPOSITORIES.  The board of trustees shall designate financial institutions to qualify and serve the retirement system as depositories in accordance with Subchapter C of Chapter 404.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.109 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 F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.110. Adopting Rates and Tables

Sec. 845.110.  ADOPTING RATES AND TABLES.  (a)  The board of trustees shall adopt rates and tables that the board considers necessary for the retirement system after considering the results of the actuary's investigation of the mortality and service experience of the system's members and annuitants.
(b)  Based on recommendations of the actuary, the board of trustees shall adopt rates and tables necessary to determine the supplemental death benefits contribution rates for each subdivision participating in the supplemental death benefits fund.  The initial rates and tables become effective on the date that the fund and coverage become operative.
(c)  On recommendation of the retirement system's actuary, the board of trustees by rule may adopt a mortality basis to be used in determining actuarial equivalents.  A mortality basis adopted under this subsection may not be applied in a manner that would reduce a participant's monthly benefit that has accrued before the later of the date the mortality basis is adopted or the date the mortality basis is implemented.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 214, ch. 18, Sec. 55, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.110 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 26, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.111. Insurance

Sec. 845.111.  INSURANCE.  Notwithstanding any other law, the board of trustees may self-insure or purchase any insurance the board considers reasonable and prudent for the performance of board duties and prerogatives.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 68, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.112. Records of Board of Trustees

Sec. 845.112.  RECORDS OF BOARD OF TRUSTEES.  (a)  The board of trustees shall keep, in convenient form, data necessary for required computations and valuations by the actuary.
(b)  The board shall keep a permanent record of all of its proceedings.
(c)  Records of the board are open to the public.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.112 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.113. Office

Sec. 845.113.  OFFICE.  (a)  The board of trustees shall maintain the offices of the retirement system in Austin and may, but is not required to:
(1)  cause the system to own real estate on or in which those offices are located;
(2)  contract for and construct a building or buildings to house those offices, along with related structures such as parking garages;
(3)  lease office space from others;
(4)  lease space in its offices, or in a building that previously has been its offices, to other persons or entities;
(5)  maintain, modify, or construct improvements on any real estate, whether for the retirement system or a tenant;  or
(6)  sell real estate that previously has been the retirement system's offices.
(b)  The board shall keep the books and records of the retirement system in those offices.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 215, ch. 18, Sec. 56, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.113 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 31, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.114. Definition of Participant; Obtaining Information

Sec. 845.114.  DEFINITION OF PARTICIPANT; OBTAINING INFORMATION.  (a)  In this chapter, "participant" means a member, former member, retiree, annuitant, beneficiary, or alternate payee of the retirement system.
(b)  The retirement system shall obtain from participants and subdivisions information necessary for the proper operation and administration of the system.
(c)  Each participant and subdivision shall timely provide to the retirement system in the form and manner specified by the system information the board of trustees determines to be necessary for the proper operation and administration of the 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. 55.114 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 23, eff. January 1, 2006.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 69, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 27, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.1151. Electronic Information

Sec. 845.1151.  ELECTRONIC INFORMATION.  The retirement system may provide confidential information electronically to a participant and to a subdivision and receive information electronically from those persons, including by use of an electronic signature or certification in a form acceptable to the retirement system.  An unintentional disclosure to, or unauthorized access by, a third party related to the transmission or receipt of information under this section is not a violation by the retirement system of any law, including a rule relating to the protection of confidential information.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 72, eff. January 1, 2008.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 28, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 845.116. Electronic Transfer of Funds and Electronic Filing of Documents

Sec. 845.116.  ELECTRONIC TRANSFER OF FUNDS AND ELECTRONIC FILING OF DOCUMENTS.  (a)  In this section:
(1)  "Electronic filing" means the filing of data transmitted to the retirement system by the communication of information by facsimile or in the form of digital electronic signals transformed by computer and stored on microfilm, magnetic tape, optical disks, or any other medium.
(2)  "Electronic transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephone instrument, computer, or magnetic media to order, instruct, or authorize a financial institution to debit or credit an account.
(b)  The board of trustees may adopt rules and procedures relating to the electronic transfer of funds and the electronic filing of documents and required reports.
(c)  Funds that are electronically transferred in accordance with those rules and procedures are considered to have been timely received by the retirement system.  Documents and required reports that are electronically filed in accordance with those rules and procedures are considered to have been properly filed with the retirement system.
Added by Acts 1999, 76th Leg., ch. 427, Sec. 49, eff. Dec. 31, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.201. Officers

Sec. 845.201.  OFFICERS.  (a)  The board of trustees annually shall elect from members of the board:
(1)  a chairman;  and
(2)  a vice-chairman.
(b)  The board may appoint the director or a member of the board as secretary.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.202. Director

Sec. 845.202.  DIRECTOR.  (a)  The board of trustees shall appoint a director.
(b)  The director shall manage and administer the retirement system under the supervision and direction of the board.
(c)  The board of trustees may delegate to the director powers and duties in addition to those stated by Subsection (b).
(d)  The director annually shall:
(1)  prepare an itemized budget showing the amount required to pay the retirement system's administrative expenses for the following fiscal year;  and
(2)  submit the administrative budget to the board for review, amendment, and adoption.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 245, Sec. 32, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 309, Sec. 19, eff. Dec. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.203. Legal Adviser

Sec. 845.203.  LEGAL ADVISER.  (a)  The board of trustees shall appoint an attorney.
(b)  The attorney shall act as the legal adviser to 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. 55.203 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 73, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.204. Medical Board

Sec. 845.204.  MEDICAL BOARD.  (a)  The board of trustees shall designate a medical board composed of three physicians.
(b)  To be eligible to serve as a member of the medical board, a physician must be licensed to practice medicine in the state and be of good standing in the medical profession.  A physician who is eligible to participate in the retirement system may not be a member of the medical board.
(c)  The medical board shall:
(1)  review all medical examinations required by this subtitle;
(2)  investigate essential statements and certificates made by or on behalf of a member of the retirement system in connection with an application for disability retirement;  and
(3)  report in writing to the board of trustees its conclusions and recommendations on all matters referred to it.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.205. Other Physicians

Sec. 845.205.  OTHER PHYSICIANS.  The board of trustees may employ physicians in addition to the medical board to report on special cases.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 55.205 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.206. Actuary

Sec. 845.206.  ACTUARY.  (a)  The board of trustees shall appoint an actuary.
(b)  The actuary shall perform duties in connection with advising the board concerning operation of the system's funds.
(c)  At least once every five years the actuary shall:
(1)  make a general investigation of the mortality and service experience of the members and annuitants of the system;  and
(2)  on the basis of the results of the investigation, recommend for adoption by the board required tables and rates.
(d)  On the basis of tables and rates adopted by the board, the actuary shall make an annual valuation of the assets and liabilities of the retirement system and of each participating subdivision with regard to 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. 55.206 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 175, Sec. 19, eff. Jan. 1, 1994;  Acts 1997, 75th Leg., ch. 309, Sec. 20, eff. Dec. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 845 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 845.207. Other Employees

Sec. 845.207.  OTHER EMPLOYEES.  The board of trustees shall employ actuarial, clerical, legal, medical, and other assistants required for the efficient administration 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. 55.207 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.