reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.061. Prospective Reinstatement of Certain Death Benefits

Sec. 6.061.  PROSPECTIVE REINSTATEMENT OF CERTAIN DEATH BENEFITS.  (a)  Subject to Subsection (c) of this section, the surviving spouse of a primary party who was a member of the old plan, Plan A, or Plan B whose death benefits, also referred to as "survivor benefits" or "widow benefits," terminated because of a remarriage of the surviving spouse that occurred before April 21, 1988, is entitled to receive death benefits, on a prospective basis only, as of the first day of the month following the month in which the executive director receives the application.
(b)  The board shall make reasonable efforts to notify all known living surviving spouses who may be entitled to a reinstatement of benefits under this section.
(c)  A surviving spouse's properly completed, board-approved application for reinstatement of death benefits under this section must be received by the executive director not later than the 180th day after the date the board completes, as determined by the board, the reasonable efforts required by Subsection (b) of this section.
(d)  A surviving spouse's application for reinstatement of death benefits under this section constitutes the spouse's waiver of any claims against the pension system, the board, the executive director, or any other employee of the board or the pension system arising out of any claim for death benefits.
(e)  This section may not be applied retroactively.  A surviving spouse may not receive death benefits attributable to periods before the executive director's receipt of a properly completed and board-approved application, and any benefit provided to a surviving spouse described in this section must be calculated as if the benefits had not terminated on the surviving spouse's remarriage notwithstanding the fact the reinstatement of benefits is not retroactive.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.062. Lump-Sum Payment on Death of Certain Members

Sec. 6.062.  LUMP-SUM PAYMENT ON DEATH OF CERTAIN MEMBERS.  (a)  If an unmarried member dies while on active service and before beginning participation in DROP, the last person to receive benefits as the member's qualified survivor or, if the member does not have a qualified survivor living, the member's designee, shall be paid a lump-sum payment determined in accordance with this section if, at the time of the member's death, the member:
(1)  had no qualified survivors; or
(2)  only had qualified survivors who are children who become ineligible to receive death benefits before the benefits were paid for at least 120 consecutive months.
(b)  The amount of the lump-sum payment under this section is the greater of:
(1)  the payment that could have been provided under Section 6.06(m) of this article; or
(2)  an amount equal to the actuarial equivalent of the remainder of the monthly benefits that would have been paid for the period from the last monthly benefit payment to the end of the 120 months, starting with the date of the first monthly benefit payment, if any.
(c)  If no death benefit payments have been made with respect to the member, the amount of a monthly death benefit payment shall be considered to be the monthly death benefit that would have been paid if the member had died leaving only one dependent parent who was a qualified survivor.
(d)  If a qualified survivor or designee is entitled to payment under both this section and Section 6.06(m) of this article, payments shall be made only under this section.
(e)  The payment required under this section shall be made as soon as practicable after the later of the date:
(1)  of the death of the member; or
(2)  the last qualified survivor becomes ineligible to receive monthly death benefit payments.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.064. Designees

Sec. 6.064.  DESIGNEES.  (a)  A member, pensioner, or qualified survivor may at any time designate, in writing, one or more persons as a designee to receive any lump-sum payment due from the pension system on the death of the member, pensioner, or qualified survivor, as applicable.
(b)  A designation under this section of a person other than the spouse of the member, pensioner, or qualified survivor, as appropriate, must be made with the written consent of the spouse, if the individual has a spouse.
(c)  A designation made under this section:
(1)  may be revoked or changed at any time; and
(2)  is void if the person designated dies or goes out of existence before the payment is made.
(d)  If a member, pensioner, or qualified survivor designates a spouse to receive a payment and the parties are later divorced, the designation is void at the time of the divorce unless ratified in writing at the time of the divorce or after that time.
(e)  A designation by a member under this section is void at the time the member becomes a pensioner unless ratified in writing at the time the member becomes a pensioner or after that time.
(f)  If a member, pensioner, or qualified survivor does not have a valid designee on file with the pension system at the time of death, the designee is:
(1)  the spouse;
(2)  the qualified survivors, if any, if there is no spouse;
(3)  the estate of the person, if there is no spouse or qualified survivors; or
(4)  the heirs of the person, if there is no spouse, qualified survivors, or estate.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.13. Supplement to Certain Recipients 55 Years of Age or Older

Sec. 6.13.  SUPPLEMENT TO CERTAIN RECIPIENTS 55 YEARS OF AGE OR OLDER.  (a)  Except as provided by Subsection (b) of this section, if a pensioner had at least 20 years of pension service under any plan adopted pursuant to Article 6243a or this article, or if a pensioner is receiving the periodic disability compensation benefit under Section 6.05 of this article, the pensioner, the pensioner's spouse who is a qualified survivor eligible to receive benefits under this article, or the pensioner's children who are qualified survivors, as a group, under Section 6.06 of this article are entitled to receive, when the pensioner or spouse who is a qualified survivor attains 55 years of age, provided the pensioner or spouse attains 55 years of age before September 1, 2017, a monthly supplement equal to the greater of $50 or three percent of their total monthly benefit and for months beginning on and after January 1, 1991, a monthly supplement equal to the greater of $75 or three percent of their total monthly benefit.  For purposes only of calculating this supplement, the phrase "their total monthly benefit" means the amount payable to a pensioner or qualified survivors under the terms of the plans described by this section under which the pensioner or qualified survivor elected to receive benefits but does not include the supplement authorized by this section or any adjustments under Section 6.12 of this article made after September 1, 2017.
(b)  A person described by Subsection (a) of this section who, on September 1, 2017, is not receiving or has not received a supplemental benefit under this section is not entitled to receive a supplemental benefit under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.141. Deferred Annuitization of Certain Drop Accounts

Sec. 6.141.  DEFERRED ANNUITIZATION OF CERTAIN DROP ACCOUNTS.  (a)  This section applies only to a pensioner who:
(1)  before attaining 50 years of age:
(A)  left active service; and
(B)  was granted a service retirement pension under Section 6.01 or 6.02 of this article;
(2)  since the pensioner's retirement has continued to receive substantially equal periodic payments, as determined under Section 72(t) of the code; and
(3)  on September 1, 2017:
(A)  is a DROP participant; and
(B)  has not attained 59-1/2 years of age.
(b)  Notwithstanding Section 6.14 of this article and solely to avoid the possibility of an early distribution tax penalty under Section 72(t)(4) of the code:
(1)  a pensioner subject to this section may until the pensioner attains 59-1/2 years of age:
(A)  subject to Subsection (c) of this section, continue to participate in DROP;
(B)  have the same amount of the pensioner's service retirement pension credited to the pensioner's DROP account as has been credited since the pensioner's service retirement pension was initially granted; and
(C)  defer annuitization of the pensioner's DROP account under Section 6.14(e) of this article; and
(2)  once a pensioner subject to this section attains 59-1/2 years of age:
(A)  the pensioner may not have any portion of the pensioner's service retirement pension credited to the pensioner's DROP account; and
(B)  as soon as administratively feasible, the balance in the pensioner's DROP account shall be annuitized and distributed to the pensioner in accordance with Section 6.14(e) of this article.
(c)  The DROP account of a pensioner who continues participation in DROP under Subsection (b)(1)(A) of this section does not accrue interest on and after September 1, 2017.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.16. Waiver of Benefits

Sec. 6.16.  WAIVER OF BENEFITS.  (a)  A primary party, qualified survivor, or beneficiary of a member's DROP account may, on a form prescribed by the board and filed with the executive director, waive all or a portion of the benefits to which the person is or may be entitled.  The waiver may state whether it is revocable or irrevocable, and is irrevocable unless the waiver clearly states it is revocable.
(b)  The waiver described by Subsection (a) of this section applies only to benefits that become payable on or after the date the waiver is filed.
(b-1)  Benefits waived by a revocable waiver are forfeited and the person making the waiver has no right, title, claim, or interest in the benefits.
(c)  If two or more persons are or may be entitled to benefits under this article, the waiver described by Subsection (a) of this section must be executed by each person to become effective.  The living parent or parents or legal guardian or guardians of a child must sign the waiver described by Subsection (a) of this section on behalf of the child.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.17. Denial of Benefits: Death Caused by Survivor

Sec. 6.17.  DENIAL OF BENEFITS: DEATH CAUSED BY SURVIVOR.  A qualified survivor or beneficiary of a member's DROP account is not eligible for, or entitled to, benefits if the person is the principal or an accomplice in wilfully bringing about the death of a primary party or another qualified survivor or beneficiary of a member's DROP account whose death would otherwise have resulted in a benefit or benefit increase to the person.  The determination of the board that a person wilfully brought about the death must be made during a meeting of the board from a preponderance of the evidence presented and is not controlled by any other finding in any other forum, whether considered under the same or another degree of proof.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.19. Certificate of Member Pension Benefit Eligibility

Sec. 6.19.  CERTIFICATE OF MEMBER PENSION BENEFIT ELIGIBILITY.  When a member has earned five years of pension service, the member shall be issued an incontestable five-year certificate indicating that the member is entitled to pension benefits subject to the effect of any withdrawals as permitted under Article 6243a or this article.  The certificate shall state that the calculation of the retirement pension to which the member is entitled, or any disability benefits to which the member may become entitled, shall be determined solely under the actual terms of the combined pension plan as in effect at the time the member leaves active service.  The certificate shall further state that in the case of the member's death, the member's qualified survivors, if any, may become entitled to death benefits as determined solely under the actual terms of the combined pension plan as in effect at the time of the member's death.  The certificate shall bear a seal and be signed by the executive director and chairman of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. Benefits › Section 6.20. Erroneous Payments or Overpayments

Sec. 6.20.  ERRONEOUS PAYMENTS OR OVERPAYMENTS.  (a)  If the pension system pays money to any person not entitled to the payment, whether by reason of an error of the pension system as to entitlement to or the amount of a benefit or otherwise, or an act or error of some other person, including the recipient of the payment, the recipient of the payment holds the funds to which the recipient was not entitled in constructive trust for the pension system and those funds are subject to demand by the pension system at any time.
(b)  The recipient of an erroneous payment from the pension system shall repay to the pension system all funds associated with the erroneous payment.
(c)  Subject to Subsection (e) of this section, the board may by rule adopt a procedure to enable the pension system to offset the future benefit or other payments of a recipient described by this section.  In addition, the board may take any additional action, including the bringing of a lawsuit, the board considers necessary to recover an erroneous payment the pension system is entitled to under this section.
(d)  If the pension system determines that a person is entitled to additional benefits as a result of an error made by the pension system, the pension system shall promptly pay the additional benefits owed.
(e)  The board's correction procedures must comply with the Internal Revenue Service's Employee Plans Compliance Resolution System and Revenue Procedure 2016-51, including subsequent guidance.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. A. Equitable Adjustments › Section 6A.01. Equitable Adjustments to Benefits

Sec. 6A.01.  EQUITABLE ADJUSTMENTS TO BENEFITS.  (a)  Subject to this section and notwithstanding any other provision of this article, the board by at least a two-thirds vote of all trustees may consider and adopt rules requiring the equitable return of funds paid to or credited to the benefit of a member or pensioner under this article before September 1, 2017, to the extent the funds exceeded reasonable amounts that should be paid or credited given the circumstances of the pension system at the time the payment or credit was made, including the return of excessive interest credited to a member's DROP account and excessive adjustments made under Section 6.12 of this article.
(b)  For purposes of Subsection (a) of this section, "reasonable amounts" includes the amounts that would have been paid or credited:
(1)  if the interest rate applied in determining a benefit, including the interest rate applied to a DROP account, equaled the actual, audited rate of return of the plan at the time the interest was credited to the account; or
(2)  if the percentage increase applied under Section 6.12 of this article equaled the percentage increase, if any, in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) most recently published by the Bureau of Labor Statistics of the United States Department of Labor and used by the United States Social Security Administration to provide a cost-of-living adjustment for social security benefit payments payable beginning in January of the next year.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 6. A. Equitable Adjustments › Section 6A.02. Adjudication of Certain Challenges

Sec. 6A.02.  ADJUDICATION OF CERTAIN CHALLENGES.  (a)  The Texas Supreme Court has exclusive and original jurisdiction over a challenge to the constitutionality under the Texas Constitution of Section 6A.01 of this article.  An action under this section is authorized to the full extent permitted by Section 3, Article V, Texas Constitution.  The Texas Supreme Court may issue any injunctive, declaratory, or equitable relief the court deems appropriate or necessary to effectuate the court's mandamus jurisdiction in connection with a challenge under this section.
(b)  Any action brought under this section must be filed not later than the 90th day after the date the board adopts a rule under Section 6A.01 of this article.
(c)  If an action brought under this section is timely filed, the board may not enforce or otherwise administer any rules adopted pursuant to Section 6A.01 of this article during the pendency of the action.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243a-1. Pension System for Police Officers and Firefighters in Certain Cities › Part 8. Treatment Under Federal and State Law › Section 8.02. Excess Benefit Plan for Police Officers and Fire Fighters

Sec. 8.02.  EXCESS BENEFIT PLAN FOR POLICE OFFICERS AND FIRE FIGHTERS.  The board may by rule establish and administer a separate qualified governmental excess benefit arrangement and associated trust for the arrangement in accordance with Section 415(m) of the code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 1A. Definitions

Sec. 1A. DEFINITIONS.  In this Act:
(1) "Board of Trustees" or "Board" means the Board of Trustees of the Firemen and Policemen Pension Fund.
(2) "Member" means a duly appointed and enrolled policeman or fireman of a city covered by this Act who is a contributing member of the pension fund.
(3) "Pension Fund" or "Fund" means the Firemen and Policemen Pension Fund.
(4) "Salary" means base pay plus longevity pay received by a member from the city for personal services rendered as a policeman or fireman excluding all other forms of compensation.
(5) "Wages" means salary, longevity, and overtime pay received by a member from the city for personal services rendered as a policeman or fireman excluding all other compensation.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 2. Participation in Fund; Wage Deductions

Sec. 2.  PARTICIPATION IN FUND;  WAGE DEDUCTIONS. Each member fireman and policeman in the employment of such city or town must participate in said fund, except in times of national emergency those persons as are employed during that time shall not be required to participate in the fund, and said city or town shall be authorized to deduct a sum of not less than one per cent (1%) nor in excess of six per cent (6%) of his wages from each month to form a part of the fund known as the Firemen and Policemen Pension Fund, except that the city or town shall deduct a sum less than one per cent (1%) or more than six per cent (6%) of the member's wages each month to form a part of the fund if the board of trustees of that fund increases or decreases the percentage of wages to be contributed to the fund under the provisions of Section 10A or 14A of this Act.  The amount to be deducted from the wages of those named above who must participate in the fund is to be determined by the board of trustees as provided for in Section 1 of this Act within the minimum and maximum deductions herein provided or as otherwise provided under the provisions of Section 10A or 14A of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 3. Payments to Fund

Sec. 3.  PAYMENTS TO FUND.  There shall be deducted for such fund from the wages of each fireman and policeman a sum to be determined by the board of trustees under the provisions of Sections 2, 10A, and 14A of this Act.  Any donations made to such fund and rewards received by any member of either of said funds, and all funds received from any source for such fund shall be deposited in like manner to the credit of such fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 4. Conduct of Meetings

Sec. 4. CONDUCT OF MEETINGS.  The board shall hold regular monthly meetings and other meetings upon call of its chairman.  It shall issue orders signed by the president or chairman and secretary to the persons entitled thereto, of the amount of money ordered paid to such persons from such fund by said board which order shall state for what purpose such payment is to be made;  it shall keep a record of its proceedings, which record shall be a public record;  it shall at each monthly meeting send to the city treasurer a written list of persons entitled to payment from the fund, stating the amount of such payment, and for what granted, which list shall be certified to and signed by the president or chairman and secretary of such board, attested under oath.  The treasurer shall enter a copy of said list upon the book to be kept for that purpose, which book shall be known as the "Record of the Firemen and Policemen Pension Fund Board," of __________, Texas, and the said board shall direct payments of the amounts named therein to the persons entitled thereto out of said fund.  No money of said fund shall be disbursed for any purpose without a vote of a majority of the board, which shall be a no and yes vote entered upon the proceedings of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 5. Custody of Fund

Sec. 5. CUSTODY OF FUND.  The treasurer of said city or town shall be ex-officio treasurer of said fund.  All money for said fund shall be paid over to and received by the treasurer for the use of said fund, and the duties thus imposed upon such treasurer shall be additional duties for which he shall be liable under his oath and bond as such city or town treasurer, but he shall receive no compensation therefor.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 6. Membership in Pension Fund; Eligibility

Sec. 6. MEMBERSHIP IN PENSION FUND;  ELIGIBILITY.    (a)  Any person who has been duly appointed and enrolled as a policeman or fireman of any city covered by this Act shall automatically become a member of the pension fund of such city upon expiration of ninety (90) days from date such city comes within the provisions of this Act, provided such person at the time of such appointment was not less than eighteen (18) years of age and not more than twenty-nine (29) years of age and except as provided under Section 10A of this Act. In all instances where a person is already a member of and contributor to such pension fund, he shall retain and be entitled to all rights and privileges due him by virtue of having been such a member and contributor.
(b) Any person not a member of the pension fund when this Act becomes effective, who thereafter is duly appointed and enrolled as a fireman or policeman of such city shall automatically become a member of the pension system as a condition of his employment provided such person at the time of such appointment was not less than eighteen (18) years of age and not more than twenty-nine (29) years of age and except as provided under Section 10A of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 7. Retirement Pensions

Sec. 7. RETIREMENT PENSIONS.  Whenever any member of said departments who shall have contributed a portion of his wages, as provided herein, shall have served twenty-five (25) years or more in either of said departments and shall have attained the age of fifty (50) years, he shall be entitled to be retired from said service upon application, and shall be entitled to be paid from said fund a monthly pension of one-half (1/2) of the salary received by him at the time of his retirement subject to change under the provisions of Section 10A of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 8. Disability Pensions

Sec. 8. DISABILITY PENSIONS.  Whenever any member of the fire department or police department of any such city or town, and who is a contributor to said fund as provided, shall become so permanently disabled through injury received, or disease contracted, in the line of duty, as to incapacitate him for the performance of duty, or shall for any cause, through no fault of his own, become so permanently disabled as to incapacitate him for the performance of duty, and shall make written application therefor approved by a majority of the board, he shall be retired from service and be entitled to receive from said fund one-half of the monthly salary received by him as a member of either of said departments, at the time he became so disabled, to be paid in regular monthly installments subject to change under the provisions of Section 10A of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 10. Death Benefits, Father, Etc

Sec. 10. DEATH BENEFITS, FATHER, ETC.  If any member of the fire department or police department dies from injuries received or disease contracted while in the line of duty, or from any cause through no fault of his own, who was a contributor to said fund and entitled to participate in said fund himself, leaves no wife or child, but who shall leave surviving him a dependent father, mother, brother, or sister, wholly dependent upon said person for support, such dependent father, mother, sister and brother shall be entitled to receive in the aggregate one-half of the salary earned by said deceased immediately prior to his death, to be equally divided between those who are wholly dependent on said deceased, so long as they are wholly dependent.  The board shall have authority to determine the facts as to the dependency of said parties and each of them, as to how long the same exists, and may at any time upon the request of any contributor to such fund, reopen any award made to any of said parties and discontinue such pension as to all or any of them as it may deem proper, and the findings of said board in regard to such matter and as to all pensions granted under this law shall be final upon all parties seeking a pension as a dependent of said deceased, or otherwise, until such award of the trustees shall have been set aside or revoked.  The provisions of this section are subject to change under the provisions of Section 10A of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 11. Investigations

Sec. 11. INVESTIGATIONS.  The board shall consider all cases for the retirement and pension of the members of the fire and police departments rendered necessary or expedient under the provisions of this law, and all applications for pensions by widows and the children and of dependent relatives, and the said trustees shall give written notice to persons asking a pension to appear before said board and offer such sworn evidence as he or they may desire.  Any person who is a member of either of said departments and who is a contributor to said fund may appear either in person or by attorney and contest the application for participation in said fund by any person claiming to be entitled to participate therein, and may offer testimony in support of such contest.  The president or chairman of said board shall have authority to issue process for witnesses and administer oaths to said witnesses and to examine any witness as to any matter affecting retirement or a pension under the provisions of this law.  Such process for witness shall be served by any member of the police or fire department and upon the failure of any witness to attend and testify, he or she may be compelled to attend and testify, as in any judicial proceeding.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 12. Medical Examination

Sec. 12. MEDICAL EXAMINATION.  Said board may cause any person receiving any pension under the provisions of this law, who has served less than twenty (20) years, to appear and undergo a medical examination, as a result of which the board shall determine whether the relief in said case shall be continued, increased, decreased or discontinued.  If any person receiving relief under the provisions of this law, after due notice, fails to appear and undergo such examination, the board may reduce or entirely discontinue such relief.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 13.

Sec. 13. Repealed by Acts 1973, 63rd Leg., p. 817, ch. 368, Sec. 5, eff. June 12, 1973.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 14. Use of Public Funds

Sec. 14.  USE OF PUBLIC FUNDS.  Except as provided by Section 14A of this Act, no funds shall be paid out of the public treasury of any such incorporated city or town, in carrying out any of the provisions of this law, except on a majority vote of the voters of such city or town, and where such funds have been voted on as provided by law, said city or town shall contribute such amount.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 14A. Contribution Increases

Sec. 14A.  CONTRIBUTION INCREASES.  (a)  If at any time a qualified actuary that meets the requirements of Subdivision (1), Subsection (b), Section 10A of this Act, determines that the total contribution rate, expressed as a percentage of wages, is insufficient to amortize the unfunded actuarial accrued liability, as defined under the Governmental Accounting Standards Board Statement No. 25, over a 40-year period:
(1)  the city's or town's governing body may increase the city or town contribution rate; and
(2)  to the extent that the city or town contribution rate increases under Subdivision (1) of this subsection, the member contribution rate must increase by an amount equal to the member contribution rate before the increase multiplied by a fraction:
(A)  the numerator of which is the increase in the amount of the city or town contribution rate; and
(B)  the denominator of which is the amount of the city or town contribution rate before the increase.
(b)  The sum of the city or town contribution rate and the member contribution rate after an increase under this section may not exceed the total contribution rate determined by the qualified actuary to be necessary to amortize the unfunded actuarial accrued liability over a forty (40) year period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 14B. Contribution Decreases

Sec. 14B.  CONTRIBUTION DECREASES.  (a)  If at any time a qualified actuary that meets the requirements of Section 10A(b)(1) of this Act determines that the total contribution rate, expressed as a percentage of wages, is sufficient to amortize the unfunded actuarial accrued liability, as defined under the Governmental Accounting Standards Board Statement No. 25, over a 25-year period:
(1)  the city's or town's governing body may decrease the city or town contribution rate; and
(2)  to the extent that the city or town contribution rate decreases under Subdivision (1) of this subsection, the member contribution rate must decrease by an amount equal to the member contribution rate before the decrease multiplied by a fraction:
(A)  the numerator of which is the decrease in the amount of the city or town contribution rate; and
(B)  the denominator of which is the amount of the city or town contribution rate before the decrease.
(b)  The sum of the city or town contribution rate and the member contribution rate after a decrease under this section may not be less than the total contribution rate determined by the qualified actuary to be necessary to amortize the unfunded actuarial accrued liability over a 25-year period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 15. Awards Exempt

Sec. 15. AWARDS EXEMPT.  No amount awarded to any person under the provisions of this law shall be liable for the debts of any such person;  shall not be assignable and shall be exempt from garnishment or other legal process.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243b. Firemen and Policemen Pension Fund in Cities of 500,000 to 600,000 › Section 16. Separation of Firemen's and Policemen's Pension Funds in Certain Cities

Sec. 16. SEPARATION OF FIREMEN'S AND POLICEMEN'S PENSION FUNDS IN CERTAIN CITIES.  In any city or town subject to and operating under the Pension Law, the governing Body and Board of Trustees may, if it is deemed advisable and a majority of the members of said Fire Department or Police Department vote therefor, authorize and provide for the maintenance and administration of Pension Funds for each Department, said Funds to be the Policemen's Division of the Firemen and Policemen Pension Fund and the Firemen's Division of the Firemen and Policemen Pension Fund, to be kept independent of and apart from each other, and said Funds of each Department to consist of contributions by members of said Department, donations thereto and funds received from any source by said Department the purpose and effect of said division being to maintain the membership of and the payments into each Department separate, and to limit the rights of the members of each Department and their beneficiaries to the Pension Fund of their Department, and after the creation and establishment of a Firemen's Division of said Pension Fund and a Policemen's Division of said Pension Fund, the rights of Firemen shall be limited to the Firemen's Division of said Pension Fund, and the rights of Policemen and their beneficiaries shall be limited to the Policemen's Division of said Pension Fund.  After a separation has been voted and approved, as above provided, the Board of Trustees shall apportion the existing Firemen and Policemen Pension Fund between the two (2) Funds on the basis of contributions made by the members of the respective Departments and donations or payments to said Departments, and thereafter all payments to members or their beneficiaries of benefits, now accrued or hereafter accruing, shall be made from the Fund of their Department.  Where a separation of funds is had, as hereinabove provided, the governing body of any city or town whose voters have authorized the payment of funds from the public treasury into the Firemen and Policemen Pension Fund is hereby authorized to pay to the Board of Trustees, for the use of the Pension Fund of each division above provided for, sums not to exceed in total the amount voted by the people to be paid into the single fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243c. Validating Elections for Pensions in Cities of Over 10,000 › Section 1. Election and Proceedings Validated

Sec. 1. ELECTION AND PROCEEDINGS VALIDATED.  That where a majority of the resident taxpayers being qualified electors of any city or town in this State having a population in excess of ten thousand (10,000) inhabitants, having voted at an election held in such city or town in favor of the expending of public funds by such city or town in carrying out the provisions of Chapter 10, General Laws of the 36th Legislature, Regular Session, such election and all acts and proceedings had and done in connection therewith by the governing body of such city or town are hereby legalized, approved and validated and it is hereby declared that no further election shall be necessary for the expenditure of public funds to carry out the provisions of H.B. No. 30  and H.B. 31, of the First Called Session of the 43rd Legislature, but any election held under the provisions of Chapter 10, General Acts of the 36th Legislature, Regular Session, shall be and is hereby deemed to be sufficient to carry out the provisions of House Bill 30 and House Bill 31, of the First Called Session of the 43rd Legislature.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243c. Validating Elections for Pensions in Cities of Over 10,000 › Section 2. Validation of Elections Under Other Acts

Sec. 2. VALIDATION OF ELECTIONS UNDER OTHER ACTS.  Any other elections held in conformity with the provisions of Chapter 10, General Laws of the 36th Legislature, Regular Session, and adopting the provisions of said chapter are hereby legalized, approved and validated.  Any funds now on hand and belonging to the Firemen and Policemen Fund shall remain a part of said fund and all warrants and vouchers heretofore issued are hereby legalized, approved and validated.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243c. Validating Elections for Pensions in Cities of Over 10,000 › Section 3. Validation of Pensions Paid

Sec. 3. VALIDATION OF PENSIONS PAID.  All pensions heretofore paid by any city under the terms of Chapter 10, General Laws of the Thirty-sixth Legislature, Regular Session, including all pensions paid subsequent to the enactment of Senate Bill 139, Chapter 94, Acts of the 43rd Legislature, Regular Session, making said Act applicable only to certain cities and up to November 1, 1933, are hereby in all things expressly validated and legalized, and all persons to whom such pensions have been paid shall hereafter be deemed to be proper pensioners under the terms of H.B. No. 30 and H.B. 31, Acts of the First Called Session of the 43rd Legislature.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243c. Validating Elections for Pensions in Cities of Over 10,000 › Section 4. Pension Rolls Validated

Sec. 4. PENSION ROLLS VALIDATED.  All pensioners added to the pension rolls as pensioners under the terms of Chapter 10, General Laws of the Thirty-sixth Legislature, Regular Session, but subsequent to the enactment of Senate Bill No. 139, Chapter 94, Acts of the 43rd Legislature, Regular Session, making said Act applicable only to certain cities, shall hereafter be deemed proper and legal pensioners on the rolls of all cities wherein a pension system has been established under the terms of H.B. No. 30  and H.B. 31, Acts of the First Called Session of the 43rd Legislature.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243c. Validating Elections for Pensions in Cities of Over 10,000 › Section 5. Election in Certain Cities Unnecessary

Sec. 5. ELECTION IN CERTAIN CITIES UNNECESSARY.  All cities included in the population brackets of H.B. No. 30  and H.B. 31, Acts of the First Called Session of the 43rd Legislature, shall hereafter from the effective date of this Act be deemed to have a pension system without the necessity of any election or any action on the part of the City Council, and such City Council or Governing Board shall immediately provide adequate funds for the payment of pensions under the terms of H.B. No. 30 and H.B. 31 and the terms of this Act.
Acts 1933, 43rd Leg., 1st C.S., p. 89, ch. 30.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d. Pensions in Cities of 290,000 or Over › Section 1.

Sec. 1. In all incorporated cities and towns having a population of two hundred and ninety thousand (290,000) or more, according to the preceding Federal Census, the governing body of such city or town is hereby authorized to formulate and devise a pension plan for the benefit of all employees in the employment of such city or town.  Before said pension plan as devised and formulated by the governing body of such city or town shall become effective, said entire pension plan shall be submitted in ordinance form by said governing body to the qualified electors of such city or town and be approved by said qualified electors at an election duly held.  Said ordinance containing said pension plan when submitted to the qualified electors for approval, shall be so worded as to authorize the governing body of such city or town to either appropriate yearly out of the general revenue of such city or town a sufficient sum to carry out said pension plan, or to levy yearly a general ad valorem tax sufficient to provide for said pension plan, said sum to be appropriated yearly or to be raised by taxation, to be in addition to whatever sum, if any, to be contributed by the employees of such city or town to the pension fund of said pension plan.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d. Pensions in Cities of 290,000 or Over › Section 2.

Sec. 2. Any pension plan devised or formulated by any such city or town which provides that all employees participating therein shall contribute a portion of their weekly, monthly or yearly salary, shall not be compulsory for the employees of such city or town, but shall apply only to those employees of such city or town who signify their willingness in writing to participate therein, and to have deducted from their weekly, monthly or yearly salaries, the sum as specified in said pension plan.
Sec. 3. This Act shall not repeal Articles 6229 to 6243, both numbers inclusive, of the Revised Civil Statutes of Texas, 1925, as amended by Acts of 1933, Forty-third Legislature, page 206, Chapter 94, but the provisions of said Articles 6229 to 6243, as amended, shall not apply whenever a city or town as provided in this Act shall formulate, devise and adopt a pension plan according to the terms and provisions of this Act.
Acts 1935, 44th Leg., p. 728, ch. 317.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 1. Creation of Fund; Definitions

Sec. 1. CREATION OF FUND;  DEFINITIONS.  There is hereby created in all incorporated cities in this State having a population of two hundred and ninety thousand (290,000), or more, according to the preceding Federal Census, a fund to be known as the policemen's relief and retirement fund.  Said fund shall be administered in each such city by a board to be known as the policemen's relief and retirement board.
The expression "pension fund," as used herein, shall mean the policemen's relief and retirement fund.  The expression "pension board," as used in this Act, means the policemen's relief and retirement board of each such city.  All members of the police department of any such city shall participate in said pension fund, and shall be subject to all of the provisions of this Act, save and except special officers, part-time officers, janitors, car washers, and cooks.  With the exceptions just named, it is the intention hereof to include everyone who is designated by any such city as a member of said police department, regardless of the particular duty or duties performed by such person.  The expressions "member" and "members," as used in this Act, mean members of any such police department who are entitled to participate in said pension fund as above set forth, that is, the entire personnel of any such police department, save and except special officers, part-time officers, janitors, car washers, and cooks, in each city.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 2. Pension Board

Sec. 2. PENSION BOARD.  Said pension board in each such city shall consist of one person to be appointed by the mayor and confirmed by the city council or governing body of such city, the city controller, or, if there be no city controller, then the person discharging the duties of the city controller in such city, and three (3) persons to be elected from the police department by the members.  As soon as practicable after the effective date of this Act, said members of each such police department shall elect said three (3) members of said pension board, one to be elected until the next succeeding January 1st thereafter, and two (2) to be elected until the second January 1st following such election, and thereafter, as the terms expire, new members to said pension board shall be similarly elected to hold office until the second January 1st following their respective elections.  In case of vacancies, new members shall be elected to serve the unexpired term.  All persons elected to said pension board shall hold office until their successors are elected and qualified.  Any member shall be eligible to election to said pension board.
Said pension board shall annually elect a chairman, vice-chairman, and a secretary, from the members of said pension board.  Each one so elected, shall serve until his successor is elected.
A meeting of said pension board may be called at any time by the chairman, secretary, or by any two (2) members of such pension board.  Three (3) members of said pension board shall constitute a quorum for the transaction of business.
Each member of said pension board shall take an oath that he will well and faithfully perform the duties of a member of such pension board.
No moneys shall be paid out of the pension fund except upon an order by said pension board, duly entered in the minutes.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 3. Treasurer of Pension Fund

Sec. 3. TREASURER OF PENSION FUND.  The city treasurer of any such city, or the person discharging the duties of the city treasurer, is hereby designated as the treasurer of the said pension fund for said city, and his official bond to said city shall operate to cover his position of treasurer of said pension fund.  All moneys of every kind and character collected or to be collected for said fund, shall be paid over to said treasurer, and shall be administered and paid out only in accordance with the provisions of this Act.