reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.601. Statement of Amount in Account

Sec. 855.601.  STATEMENT OF AMOUNT IN ACCOUNT.  (a)  As soon as possible after the end of each calendar year, the board of trustees shall send to the governing body of each municipality and to each requesting member an annual statement that contains:
(1)  a balance sheet showing the financial and actuarial condition of the retirement system on December 31 of that year;
(2)  a statement showing the receipts and disbursements made during the calendar year;
(3)  a statement showing changes in the asset, liability, reserve, and surplus accounts during the calendar year;  and
(4)  additional statistics necessary for proper interpretation of the condition of the retirement system.
(b)  The board of trustees shall furnish to a member, on written request, a statement of the amount credited to the member's individual account.  During a calendar year, the board is not required to furnish to a member more than one statement requested under this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.601 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.602. Interest in Assets

Sec. 855.602.  INTEREST IN ASSETS.  A particular person, group of persons, municipality, or other entity has no right in a specific security, item of cash, or other property of the retirement system other than an undivided interest in 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. 65.602 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.603. Forfeiture of Contributions

Sec. 855.603.  FORFEITURE OF CONTRIBUTIONS.  (a)  If an application under Section 852.103 for the accumulated contributions of a person who has ceased to be employed by a participating department for a reason other than death or retirement has not been made before the seventh anniversary of the person's last day of service, the retirement system shall return to the person or the person's estate all accumulated contributions of the person.
(b)  If the person or the administrator of the person's estate cannot be found, the person's accumulated contributions are forfeited to the retirement system.  The retirement system shall credit the amount forfeited to the perpetual endowment account of 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. 65.603 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 G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.604. Merger

Sec. 855.604.  MERGER.  A pension system for municipal employees may merge into the retirement system only on conditions that the board of trustees in its sole discretion determines in an individual case are consistent with the fiduciary responsibilities of the board.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.604 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 599, Sec. 20, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.605. Participation of Members of Fire Department

Sec. 855.605.  PARTICIPATION OF MEMBERS OF FIRE DEPARTMENT.  (a)  If the employees of the fire department of a municipality, with the consent of the municipality, elect to become members of the retirement system, the funds of the municipality's firemen's relief and retirement fund, if any, and future payments to the fund may be transferred to the board of trustees on the voluntary application of the municipality.
(b)  A participating municipality shall pay to the board of trustees money that could have been paid annually to the firemen's relief and retirement fund if the fire department were not covered by the retirement system or another pension system or if the municipality had taken the proper steps to secure the money.  The retirement system shall credit amounts paid under this subsection for the benefit of fire fighters as the board of trustees directs.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.605 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.606. Appeal of Administrative Decision

Sec. 855.606.  APPEAL OF ADMINISTRATIVE DECISION.  A decision of the board of trustees denying or limiting membership, service credit, eligibility for or the amount of benefits payable by the retirement system, or regarding to whom benefits should be paid is a decision in a contested case as defined by the administrative procedure law, Chapter 2001, and is subject to judicial review under the substantial evidence rule in accordance with Sections 2001.174-2001.177.
Added by Acts 1997, 75th Leg., ch. 76, Sec. 14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.607. Plan Qualification

Sec. 855.607.  PLAN QUALIFICATION.  It is intended that the provisions of this subtitle be construed and administered in a manner that the retirement system's benefit plan will be considered a qualified plan under Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).  The board of trustees may adopt rules that modify the plan to the extent the board considers necessary for the retirement system to be considered a qualified plan.  Rules adopted by the board of trustees relating to plan qualification issues are considered a part of the plan.
Added by Acts 1997, 75th Leg., ch. 76, Sec. 14, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter G. Miscellaneous Administrative Procedures › Section 855.608. Full Benefit Arrangement

Sec. 855.608.  FULL BENEFIT ARRANGEMENT.  (a)  A separate fund for the payment of benefits under Section 415(m), Internal Revenue Code of 1986, and its subsequent amendments, is created outside the retirement system trust fund solely for the purpose of providing benefits to participants equal to the amount by which the participant's annual benefit otherwise payable under this subtitle exceeds the limitation on benefits imposed by Section 415, Internal Revenue Code of 1986, and its subsequent amendments.
(b)  The board of trustees shall administer this section.  Except as otherwise provided by this section, the board of trustees has the same rights, duties, and responsibilities concerning the full benefits arrangement as it has for the trust fund.
(c)  Money for the payment of benefits to a participant under this section shall be paid to the separate fund created by this section from the contributions that otherwise would be deposited in the benefit accumulation fund account of the municipality that employed the member.  If the benefit is payable as a result of service with more than one participating municipality, there shall be paid from the contributions that otherwise would be deposited in the benefit accumulation fund account of each affected municipality the amount chargeable to that municipality for the member.  When feasible, the monthly amount to pay benefits under this section shall be paid not later than the 15th day before the date of a monthly payment to a person receiving annuity benefits under this section.
(d)  The full benefits arrangement shall be administered as an unfunded governmental excess benefit arrangement.  Benefits under this section are unassignable and are exempt from execution, garnishment, attachment, and state and local taxation to the same extent as provided by Section 851.006.  Contributions to this arrangement are not held in trust and may not be commingled with other retirement system assets.  The board of trustees may adopt rules for the efficient administration of this section and to maintain compliance with Section 415(m), Internal Revenue Code of 1986, and its subsequent amendments.
(e)  The retirement system may transfer amounts among accounts and funds to balance the accounts and funds affected by the arrangement required by this section.
Added by Acts 2001, 77th Leg., ch. 121, Sec. 27, eff. Jan. 1, 2002.  Amended by Acts 2003, 78th Leg., ch. 599, Sec. 21, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 38, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.002. Pension System

Sec. 861.002.  PENSION SYSTEM.  The pension system is a public entity.  The Texas Emergency Services Retirement System is the name by which all its business shall be transacted, all its funds invested, and all its cash, securities, and other property held.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.003. Powers and Privileges

Sec. 861.003.  POWERS AND PRIVILEGES.  The pension system has the powers, privileges, and immunities of a corporation as well as the powers, privileges, and immunities conferred by this subtitle.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.004. Exemption From Execution

Sec. 861.004.  EXEMPTION FROM EXECUTION.  All benefit payments, contributions, money in the pension system fund, and rights accrued or accruing under this subtitle to any person are exempt from garnishment, attachment, state and local taxation, levies, and any other process and are unassignable.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.005. No Diversion of Assets

Sec. 861.005.  NO DIVERSION OF ASSETS.  The fund must be maintained for the exclusive benefit of members, retirees, and their beneficiaries.  At no time before the termination of the fund and the satisfaction of all liabilities with respect to members, retirees, and their beneficiaries may any part of the principal of or interest from fund assets be used for or diverted to a purpose other than the exclusive benefit of the members, retirees, and their beneficiaries.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.006. Plan Qualification and Distributions

Sec. 861.006.  PLAN QUALIFICATION AND DISTRIBUTIONS.  (a)  The legislature intends that this subtitle be construed and administered in a manner so that the pension system's benefit plan will be considered a qualified plan under Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).  The state board may adopt rules that modify the plan as necessary to meet those qualification requirements.
(b)  Notwithstanding any other provision of this subtitle, all distributions under this subtitle must be made in accordance with applicable provisions of the Internal Revenue Code of 1986 and regulations adopted under that code.
(c)  The state board by rule may authorize an eligible rollover distribution to be made in the form of a direct trustee-to-trustee transfer.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.007. Forfeiture Not to Increase Benefits

Sec. 861.007.  FORFEITURE NOT TO INCREASE BENEFITS.  A forfeiture that occurs under this subtitle may not be used to increase the benefits that any member would otherwise receive under this subtitle.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.008. Immunity From Liability

Sec. 861.008.  IMMUNITY FROM LIABILITY.  The state board, the executive director, a local board, each participating department head, and employees of the pension system are not liable for any action taken or omission made or suffered by them in good faith in the performance of any duty or prerogative in connection with the administration of the pension system.
Added by Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.02, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 861 - General Provisions › Section 861.009. Venue

Sec. 861.009.  VENUE.  An action in state court by or against the pension system shall be brought in Travis County.
Added by Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.001. Participation by Department

Sec. 862.001.  PARTICIPATION BY DEPARTMENT.  (a)  For purposes of this section, "department" means a department or other organization that:
(1)  performs emergency services, including a volunteer fire department, as defined by Section 614.101; and
(2)  is not a for-profit entity.
(a-1)  The governing body of a department may, in the manner provided for taking official action by the body, elect to participate in the pension system.  The governing body of a department shall notify the executive director as soon as practicable of an election made under this subsection.  Except as provided by Subsection (b), an election to participate under this subsection is irrevocable.
(b)  The state board may adopt rules that allow the governing body of a participating department to revoke its election to participate in the pension system under Subsection (a-1) in a manner that maintains an actuarially sound pension system.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.03, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.002. Membership by Individual

Sec. 862.002.  MEMBERSHIP BY INDIVIDUAL.  (a)  Except as otherwise provided by this section and Section 862.0021, each person who performs emergency services or, subject to Section 862.0025, support services as a volunteer or employee of a participating department, regardless of whether the person receives compensation from the participating department for the services, is a member of the pension system.
(b)  A person is not a member of the pension system if the person:
(1)  is less than 18 years of age;
(2)  is subject to a waiting period under Section 862.0021 for which the governing body of the political subdivision is not making contributions during the waiting period;
(3)  does not receive a certification of physical fitness or assignment to perform support services under Section 862.003; or
(4)  is a retiree, regardless of whether the person continues to perform emergency or support services for a department.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 2, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 2, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.0021. Waiting Period Before Membership

Sec. 862.0021.  WAITING PERIOD BEFORE MEMBERSHIP.  (a)  A participating department may impose a waiting period for a person who is eligible to perform or who is training to perform emergency services or, subject to Section 862.0025, support services as a volunteer or employee of the department during which time the department is not required to enroll the person as a member of the pension system.
(b)  A waiting period imposed under this section must end not later than six months after the date the person begins service or training with the participating department.
(c)  The governing body of a political subdivision may, but is not required to, pay contributions for the person during the waiting period.
(d)  A person's membership in the pension system begins on the date that the governing body of a political subdivision begins payment of contributions for that person, without regard to whether the:
(1)  person's membership in the pension system is subject to a waiting period under this section; or
(2)  person is subject to a probationary period imposed by a participating department for other purposes.
Added by Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 3, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.0025. Membership by Support Staff

Sec. 862.0025.  MEMBERSHIP BY SUPPORT STAFF.  (a)  Except as provided by Subsection (b), the governing body of a participating department may, at any time, make an election to include all persons who provide support services for the department as members of the pension system.  An election under this section takes effect on the first day of the calendar month that begins after the month in which the election is made and communicated to the executive director.  Once made, an election under this section is irrevocable.
(b)  If a participating department has, before September 1, 2009, enrolled persons who perform support services for the department as members of the pension system, all persons who perform those services for the department are members of the system.
(c)  After an election under this section, a participating department that previously did not enroll its support staff as members of the pension system may purchase service credit for service performed before the date of the election under the terms required for prior service credit for service before departmental participation under Section 863.004.
Added by Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 3, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.04, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 6, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.003. Certification of Physical Fitness

Sec. 862.003.  CERTIFICATION OF PHYSICAL FITNESS.  (a)  A person who performs emergency services for a participating department shall present to the participating department head a certification of physical fitness by a qualified physician.
(b)  If a participating department provides membership to a person who performs support services under Section 862.0025, the participating department head shall assign a person to perform support services if the person:
(1)  does not present an acceptable certification under Subsection (a); or
(2)  will only perform support services for the department.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 4, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 7, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 862 - Membership › Section 862.004. Departmental Elections and Mergers

Sec. 862.004.  DEPARTMENTAL ELECTIONS AND MERGERS.  The state board may adopt rules for governing body elections under Section 862.001 or for the merger of existing pension plans into the pension system.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.001. Credit for Current Service

Sec. 863.001.  CREDIT FOR CURRENT SERVICE.  A member is entitled to receive credit in the pension system for each month of qualified service for which the system receives the contributions required by this subtitle.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.002. Credit for Military Service

Sec. 863.002.  CREDIT FOR MILITARY SERVICE.  The pension system shall grant credit for qualified service for military duty in accordance with Section 414(u) of the Internal Revenue Code of 1986 (26 U.S.C. Section 414(u)) and other applicable federal law.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.003. Recognition of Prior Service Credit

Sec. 863.003.  RECOGNITION OF PRIOR SERVICE CREDIT.  A member who terminates service, except by service retirement under Chapter 864, and later resumes service with the same participating department or begins service with another participating department may receive service credit for all previously accrued service credit in the pension system earned for service with any participating department.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.004. Prior Service of Member Before Departmental Participation

Sec. 863.004.  PRIOR SERVICE OF MEMBER BEFORE DEPARTMENTAL PARTICIPATION.  The state board by rule may authorize the granting of credit for service with a participating department that was performed before the date the department began participation in the pension system.  The costs of granting prior service credit under this section must be determined on a basis that maintains the pension system as actuarially sound.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.0045. Service Credit and Membership in Multiple Public Retirement Systems

Sec. 863.0045.  SERVICE CREDIT AND MEMBERSHIP IN MULTIPLE PUBLIC RETIREMENT SYSTEMS.  In accordance with Section 67(a)(2), Article XVI, Texas Constitution, a person may not earn service credit for the same service with the pension system and another public retirement system.
Added by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 9, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 863 - Creditable Service › Section 863.005. Charge for Certain Past Due Contributions

Sec. 863.005.  CHARGE FOR CERTAIN PAST DUE CONTRIBUTIONS.  The state board by rule may impose an interest charge on contributions due because of a correction of an error related to enrollment or qualified service.  The charge must be based on the pension system's current assumed rate of return.  Charges collected shall be deposited in the fund.
Added by Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 5, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 10, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.001. Eligibility for Service Retirement Annuity

Sec. 864.001.  ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.  (a)  The state board by rule shall determine the period of qualified service and, if appropriate, the age required for a member to receive a service retirement annuity with full benefits after the member terminates service with a participating department.  The state board by rule may provide for partial vesting of benefits after a particular period.
(b)  The state board may change the benefit formula for any person who is not a retiree of the pension system.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 11, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.002. Service Retirement Annuity

Sec. 864.002.  SERVICE RETIREMENT ANNUITY.  (a)  A service retirement annuity is payable in monthly installments based on:
(1)  the average monthly contribution during the member's term of qualified service with all participating departments under this subtitle, not including a contribution to reduce the unfunded accrued actuarial liability of the pension system; and
(2)  a formula adopted by the state board by rule that allows the pension system, assuming maximum state contributions are provided under Section 865.015, to be maintained as actuarially sound.
(b)  The state board by rule may provide, for each year of qualified service in excess of the period provided under Section 864.001 for full benefits, an additional amount that is a percentage of the person's monthly pension, compounded annually.  A person may receive a proportional credit for months of qualified service that make up less than a year.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 12, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.004. Temporary Disability Retirement Benefits

Sec. 864.004.  TEMPORARY DISABILITY RETIREMENT BENEFITS.  (a)  A member is entitled to disability retirement benefits from the pension system only if a local board determines that the member became disabled during the performance of emergency services or support services and is unable to return to work at the member's regular occupation or, if the member is a student, is unable to return to the member's scholastic studies.  A disabled member must, at the time of disability, elect between a service retirement annuity or disability retirement benefits, if eligible for both.
(b)  Subject to Subsection (c), a member described by Subsection (a) who does not elect to receive a service retirement annuity is entitled to a temporary disability retirement benefit of:
(1)  $300 per month; or
(2)  a greater amount that the state board by rule adopts based on the monthly contributions made for the members by the governing body of the political subdivision.
(c)  Except as provided by Section 864.005, a temporary disability retirement benefit under Subsection (b) must cease on the expiration of a period, not to exceed one year, determined to be the likely duration of the disability by a physician in a written statement to the local board.  The local board shall select the physician making a determination under this subsection.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 4, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 13, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.005. Certification and Continuance of Disability

Sec. 864.005.  CERTIFICATION AND CONTINUANCE OF DISABILITY.
(a)  A local board may require a member who is receiving a temporary disability retirement benefit to file a disability rating report every three months from a physician chosen by the local board.  If a report indicates a significant improvement in condition, the local board, after notice and a hearing, may adopt an order to terminate temporary disability retirement benefit payments.  The local board shall send a copy of each order adopted under this subsection to the executive director.
(b)  Temporary disability benefits cease if:
(1)  the recipient returns to work at the person's regular occupation, resumes scholastic studies, or performs emergency services or support services for any participating department or other entity; or
(2)  the local board adopts an order under Subsection (d).
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(3), eff. September 1, 2019.
(d)  If the local board has reason to believe that a ground for termination of temporary disability retirement benefits exists, the local board may set a date for a hearing on the matter. The local board, after notice and a hearing, may adopt an order terminating temporary disability retirement benefits if the local board determines that a ground for termination exists.  The local board may not adopt an order under this subsection on the basis of a physician's previously submitted statement as to the likely duration of the disability if the local board determines, after a hearing, that the disability continues.  The local board shall send a copy of each order adopted under this subsection to the executive director.
(e)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(3), eff. September 1, 2019.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(3), eff. September 1, 2019.
(g)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(3), eff. September 1, 2019.
(h)  A local board may require financial information from a person as a condition to the continued receipt of temporary disability retirement benefits, including federal income tax returns and wage earning forms.  Failure to timely provide requested information is a ground for terminating benefits.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 4, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.05, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 14, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 38(3), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.0051. Continuing Disability Retirement Benefits

Sec. 864.0051.  CONTINUING DISABILITY RETIREMENT BENEFITS.  (a)  To receive disability retirement benefits in the form of a continuing annuity provided beyond the time prescribed under Section 864.005, a person who has been determined by a local board to be temporarily disabled must:
(1)  not later than the first anniversary of the date the person was determined to be temporarily disabled, apply to the state board in the manner and form prescribed by the state board; and
(2)  be certified by the medical board designated by the state board under Section 865.020 as permanently disabled for the performance of the duties of any occupation:
(A)  for which the person is reasonably suited by education, training, and experience; and
(B)  that could reasonably be expected to provide the person with at least 75 percent of the salary the person was earning at the time the disability occurred.
(b)  The amount of a continuing disability retirement annuity under this section is determined in the same manner as for a temporary disability retirement benefit under Section 864.004(b).
(c)  Except as otherwise provided by this section, a continuing disability retirement annuity terminates on the fifth anniversary of the date that payment of the continuing disability retirement annuity begins following the certification of the continuation of the disability under Subsection (a).
(d)  To continue receiving payments of a continuing disability retirement annuity after the fifth anniversary, the retiree must be recertified as permanently disabled by the medical board every five years using the same standard prescribed by Subsection (a)(2).
(e)  Payments of a continuing disability retirement annuity to a retiree certified by the medical board as permanently disabled under Subsection (a) or (d) shall cease if the retiree:
(1)  returns to work at any occupation that provides the person with at least 75 percent of the salary the person was earning at the time the disability occurred;
(2)  performs emergency services or support services for any participating department; or
(3)  rejects a suitable offer of employment, as determined by the local board.
(f)  If the state board has reason to believe that a ground for termination of a continuing disability retirement annuity exists, the state board shall set a date for a hearing on the continuation or termination of the annuity.  If the state board determines that a ground for termination exists, the state board, after notice and a hearing, shall adopt an order terminating the continuing disability retirement annuity.
(g)  The state board may require financial information, including federal income tax returns and wage earning forms, from a retiree as a condition of the continued receipt of continuing disability retirement benefits.  Failure to timely provide requested information is a ground for terminating benefits.
Added by Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 15, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.006. Member Service Death Benefits

Sec. 864.006.  MEMBER SERVICE DEATH BENEFITS.  (a)  The surviving spouse and dependents of a member who dies as a result of performing emergency services or support services are entitled to receive in equal shares a death benefit annuity equal to the service retirement annuity that the decedent would have been entitled to receive if the decedent had been able to retire, vested at 100 percent, on the date of the decedent's death.
(b)  The beneficiary of a member who dies as a result of performing emergency services or support services is entitled to a lump-sum benefit of $5,000 or a greater amount that the state board provides by rule.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 5, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 16, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.007. Member Nonservice Death Benefit

Sec. 864.007.  MEMBER NONSERVICE DEATH BENEFIT.  (a)  The state board by rule may provide one or more beneficiaries of a deceased member whose death did not result from the performance of emergency services or support services a benefit, which may be a lump-sum amount or an annuity.
(b)  A rule adopted under this section must include the type of eligible recipient of the benefit, including any service or age requirement, and the method of calculating the amount of the benefit.  A rule may include any other terms the state board considers appropriate.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 6, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 6, eff. September 1, 2009.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 17, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.009. Retiree Death Benefit Annuity

Sec. 864.009.  RETIREE DEATH BENEFIT ANNUITY.  The surviving spouse of a person who dies after retirement is entitled to two-thirds of the monthly annuity the decedent was receiving at the time of death.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.010. Benefits for Members and Retirees of Department That Withdraws From Participation or Ceases to Exist

Sec. 864.010.  BENEFITS FOR MEMBERS AND RETIREES OF DEPARTMENT THAT WITHDRAWS FROM PARTICIPATION OR CEASES TO EXIST.  (a)  The executive director shall continue to administer benefits of the pension system for members and retirees who performed emergency services or support services for a formerly participating department that has withdrawn from participation in the pension system or has ceased to exist.
(b)  The governing body of a political subdivision shall perform the duties required of a local board for the members and retirees who served for the formerly participating department.  The state board may by rule:
(1)  provide a procedure under which the governing body of a department may delegate its duties under this subsection to the executive director; or
(2)  appoint the executive director to perform the duties of a governing body of a political subdivision if the governing body fails to perform or delegate its duties under this subsection within a prescribed period of time.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.06, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.011. First Payment of Retirement or Death Benefit Annuity

Sec. 864.011.  FIRST PAYMENT OF RETIREMENT OR DEATH BENEFIT ANNUITY.  The cashing or depositing of the first payment of a service retirement annuity, disability retirement annuity, or death benefit annuity by a person entitled to it, or the receipt by a financial institution for credit to that person's account of a transfer of funds by the pension system through electronic means, is considered acceptance of the amount of the annuity and of the amount of qualified service of the person on whose service the annuity is based.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 6, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.012. Certain Beneficiaries

Sec. 864.012.  CERTAIN BENEFICIARIES.  (a)  If a member names more than one beneficiary for a lump-sum death benefit, the pension system shall divide the benefit equally among the named beneficiaries or, if the member has designated a proportional division, each beneficiary is entitled to the proportion designated.
(b)  Except as provided by Subsection (a), lump-sum death benefits are subject to the laws of descent and distribution if the decedent has not provided for testamentary disposition.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.013. Cost-of-Living Increase

Sec. 864.013.  COST-OF-LIVING INCREASE.  The state board by rule may provide a cost-of-living increase for any benefit provided by the pension system.  If benefits are increased, the state board shall require an increase in monthly contributions if necessary to maintain an actuarially sound pension system.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 20, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.0135. Optional Annuity Increase or Supplemental Payments

Sec. 864.0135.  OPTIONAL ANNUITY INCREASE OR SUPPLEMENTAL PAYMENTS.  (a)  The state board by rule may authorize the governing body of a participating department to:
(1)  make one or more supplemental payments to its retirees and beneficiaries of the pension system; or
(2)  provide an increase in the amount of annuities paid to retirees and beneficiaries of the pension system.
(b)  The governing body of a participating department that elects an option under a rule adopted under this section shall fund all increased benefits that are provided to its retirees and beneficiaries of the pension system under the option.
Added by Acts 2007, 80th Leg., R.S., Ch. 321 (H.B. 2400), Sec. 7, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 21, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.014. State Board Authority for Lump-Sum Payments

Sec. 864.014.  STATE BOARD AUTHORITY FOR LUMP-SUM PAYMENTS.  In lieu of any annuity otherwise payable under this subtitle, the state board by rule may provide for a lump-sum payment if the board determines that a lump-sum payment is cost-efficient or is necessary for the pension system to remain actuarially sound.
Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle H - Texas Emergency Services Retirement System › Chapter 864 - Benefits › Section 864.015. Beneficiary Causing Death of Member or Retiree

Sec. 864.015.  BENEFICIARY CAUSING DEATH OF MEMBER OR RETIREE.  (a)  A benefit payable on the death of a member or retiree may not be paid to a person convicted of causing that death but instead is payable as if the convicted person had predeceased the decedent.
(b)  The pension system is not required to change the recipient of benefits under this section unless it receives actual notice of the conviction of a beneficiary.  The system may delay payment of a benefit payable on the death of a member or retiree pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
(c)  The pension system is not liable for any benefit paid to a convicted person before the date the system receives actual notice of the conviction, and any payment made before that date is a complete discharge of the system's obligation with regard to that benefit payment.  The convicted person holds all payments received in constructive trust for the rightful recipient.
(d)  For the purposes of this section, a person has been convicted of causing the death of a member or retiree if the person:
(1)  pleads guilty or nolo contendere to, or is found guilty by a court of, an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or retiree, regardless of whether sentence is imposed or probated; and
(2)  has no appeal of the conviction pending and the time provided for appeal has expired.
Added by Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 7, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 22, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1165 (H.B. 3247), Sec. 23, eff. September 1, 2019.