reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 3. Establishment and Applicability

Sec. 3.  ESTABLISHMENT AND APPLICABILITY.  Subject to the authority granted under this Act:
(1)  members who retired, and the beneficiaries of members who died, prior to October 1, 2011, shall continue to receive the same retirement allowances or benefits they were entitled to receive prior to that date, together with any benefit increase authorized under this Act;
(2)  members of the retirement system on or before December 31, 2011, shall be enrolled as members of Group A; and
(3)  persons that first become members of the retirement system on or after January 1, 2012, shall be enrolled in Group B.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10. Member Contributions

Sec. 10.  MEMBER CONTRIBUTIONS.  (a)  Subject to adjustment under this Act and except as provided by Subsection (a-2) of this section, each active-contributory member shall make deposits to the retirement system at a rate equal to:
(1)  beginning with the first pay period of:
(A)  the 2024 calendar year, nine percent of the member's base pay, exclusive of overtime, incentive, or terminal pay; and
(B)  the 2025 calendar year, 10 percent of the member's base pay exclusive of overtime, incentive, or terminal pay; or
(2)  the member contribution rate otherwise prescribed by this section.
(a-1)  Deposits shall be made by payroll deduction each pay period.  If a regular full-time employee works at least 75 percent of a normal 40-hour work week but less than the full 40 hours, the employee shall make deposits as though working a normal 40-hour work week even though the rate of contribution may exceed the member contribution prescribed by this section, and the employee's average final compensation shall be computed on the basis of the compensation, pay, or salary for a normal 40-hour work week.  No deposits may be made nor membership service credit received for periods during which an employee's authorized normal work week is less than 75 percent of a normal 40-hour work week.  A person who is eligible for inactive-contributory membership status and who chooses to be an inactive-contributory member shall make deposits to the retirement system each pay period in an amount that is equal to the amount of the member's deposit for the last complete pay period that the member was a regular full-time employee.
(a-2)  The contribution rate of active-contributory members may be increased by a majority vote of all such members voting at an election to consider an increase in contributions to a rate above 10 percent or a higher rate than the rate that was in effect at the time of the election.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10A. Employer Contributions

Sec. 10A.  EMPLOYER CONTRIBUTIONS.  (a) Beginning with the first pay period of:
(1)  calendar year 2024, and before the first pay period of calendar year 2025, the employer shall contribute an amount equal to the sum of:
(A)  the employer contribution rate, as determined in the initial risk sharing valuation study as of December 31, 2022, multiplied by the pensionable payroll for the applicable pay period; and
(B)  1/26 of the city's legacy contribution amount for the 2024 calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 10B of this Act; and
(2)  calendar year 2025, and for each subsequent calendar year, the employer shall contribute an amount equal to the sum of:
(A)  the employer's contribution rate for the applicable calendar year, as determined in a subsequent risk sharing valuation study conducted and adjusted under Section 10C of this Act, as applicable, multiplied by the pensionable payroll for the applicable pay period; and
(B)  1/26 of the city's legacy contribution amount for the applicable calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 10B of this Act.
(b)  If the employer elects to change the employer's payroll period to a period other than a biweekly payroll period, the fractional amounts of the employer's legacy contribution stated in Subsections (a)(1)(B) and (a)(2)(B) of this section must be adjusted such that the employer's calendar year contribution equals the contribution required under Subsection (a)(1) or (a)(2), as applicable.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10B. Initial Risk Sharing Valuation Study

Sec. 10B.  INITIAL RISK SHARING VALUATION STUDY.  (a)  The retirement system's actuary shall prepare an initial risk sharing valuation study as of December 31, 2022.  The initial risk sharing valuation study must:
(1)  except as otherwise provided by this section, be prepared in accordance with the requirements of Section 10C of this Act;
(2)  be based on the actuarial assumptions that were used by the system's actuary in the valuation completed for the year ended December 31, 2022;
(3)  project the corridor midpoint for the next 30 calendar years beginning with the calendar year that begins on January 1, 2024;
(4)  include a schedule of city legacy contribution amounts for 30 calendar years beginning with the calendar year that begins on January 1, 2024; and
(5)  include an employer contribution:
(A)  for the calendar years under Sections 10A(a)(1) and (2) of this Act that begin on January 1, 2024, and January 1, 2025, that must be adjusted to reflect the impact of the phase-in prescribed by Subsection (b) of this section; and
(B)  for each calendar year under Section 10A(a)(2) of this Act that begins on January 1, 2026, through January 1, 2053, that must reflect a city legacy contribution amount that is three percent greater than the city legacy contribution amount for the preceding calendar year.
(b)  The schedule of city legacy contribution amounts under Subsection (a)(4) of this section must be determined such that the total annual city legacy contribution amount for the first two calendar years results in a phase-in of the anticipated increase in the employer's contribution rate from the calendar year that begins on January 1, 2023, to the rate equal to the sum of the estimated contribution rate for the calendar year that begins on January 1, 2024, and the rate of pensionable payroll equal to the city legacy contribution amount for January 1, 2024, determined as if there was no phase-in of the increase to the city legacy contribution amount. The phase-in must reflect approximately one-half of the increase each year over the two-year phase-in period.
(c)  The estimated employer contribution rate for the calendar year that begins on January 1, 2024, must be based on the projected pensionable payroll, as determined under the initial risk sharing valuation study required by this section, assuming a payroll growth rate adopted by the retirement board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10D. Adjustment to Employer Contribution Rate if Estimated Employer Contribution Rate Lower Than Corridor Midpoint

Sec. 10D.  ADJUSTMENT TO EMPLOYER CONTRIBUTION RATE IF ESTIMATED EMPLOYER CONTRIBUTION RATE LOWER THAN CORRIDOR MIDPOINT.  (a)  Subject to Subsection (b) of this section, for the calendar year beginning January 1, 2024, and for each subsequent calendar year, if the estimated employer contribution rate is lower than the corridor midpoint, the employer contribution rate for the applicable year is:
(1)  the corridor midpoint if the funded ratio is less than 90 percent; or
(2)  the estimated employer contribution rate if the funded ratio is 90 percent or greater.
(b)  The employer contribution rate may not be lower than the minimum employer contribution rate.
(c)  If the funded ratio is equal to or greater than 100 percent:
(1)  all existing liability layers, including the legacy liability, are considered fully amortized and paid; and
(2)  the city legacy contribution amount may no longer be included in the employer contribution.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10E. Adjustment to Employer Contribution Rate if Estimated Employer Contribution Rate Equal to or Greater Than Corridor Midpoint

Sec. 10E.  ADJUSTMENT TO EMPLOYER CONTRIBUTION RATE IF ESTIMATED EMPLOYER CONTRIBUTION RATE EQUAL TO OR GREATER THAN CORRIDOR MIDPOINT.   For the calendar year beginning January 1, 2024, and for each subsequent calendar year, if the estimated employer contribution rate is equal to or greater than the corridor midpoint and:
(1)  less than or equal to the maximum employer contribution rate for the corresponding calendar year, the employer contribution rate is the estimated employer contribution rate; or
(2)  the city legacy contribution amount may no longer be included in the employer contribution.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 10F. Adjustment to Member Contribution Rate if Estimated Employer Contribution Rate Greater Than Corridor Maximum

Sec. 10F.  ADJUSTMENT TO MEMBER CONTRIBUTION RATE IF ESTIMATED EMPLOYER CONTRIBUTION RATE GREATER THAN CORRIDOR MAXIMUM.  (a)  Except as provided by Subsection (b) of this section, if the estimated employer contribution rate is ever greater than the corridor maximum, the member contribution rate will increase by an amount equal to the difference between the estimated employer contribution rate and the maximum employer contribution rate.
(b)  The member contribution rate may not be increased by more than two percentage points under Subsection (a) of this section.
(c)  If the estimated employer contribution rate is more than two percentage points above the maximum employer contribution rate, the city and the retirement board shall enter into discussions to determine additional funding solutions.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article I. › Section 1.01. Applicability and Definitions

Sec. 1.01.  APPLICABILITY AND DEFINITIONS.  This Act applies only to a municipality having a population of more than 950,000 and less than 1,050,000.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article II. › Section 2.01. Establishment and Applicability

Sec. 2.01. ESTABLISHMENT AND APPLICABILITY.  The retirement system for police officers of the city and the trust forming a part of that system are hereby established on the passage of this Act by the Legislature of the State of Texas.  The police retirement system and the related trust are placed under the management of the police retirement board for the purpose of providing certain benefits on retirement for police officers, as defined in this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article II. › Section 2.02. Successor

Sec. 2.02. SUCCESSOR.  This system is the successor system to the one applicable to police officers immediately prior to the effective date of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article II. › Section 2.03. Purpose

Sec. 2.03. PURPOSE.  It is the express purpose of this Act to have no duplication of benefits provided by the police retirement system and the retirement system for other employees of the city for a common period of service to the city.  Any change in employment status which results in transferring membership between the police retirement system and the retirement system for other employees of the city shall be handled in a policy determined to be satisfactory by the police retirement board and by the board for the retirement system for other employees of the city.  Such policy may include the transfer of member service and appropriate transfer of Fund No. 1 and Fund No. 2 assets as determined by the retirement boards.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.01. Administration

Sec. 3.01. ADMINISTRATION.  There is hereby created a police retirement board of the police retirement system, in which is hereby invested the general administration, management, and responsibility for the proper and effective operation of the police retirement system.  The board shall be organized immediately after its members have qualified and taken the oath of office.  All members of the board on January 1, 1991, shall become members of the board on the effective date of this Act and continue to serve for the remainder of the terms of office in effect on the day prior to the effective date of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.02. Composition of Board; Trustee Qualifications

Sec. 3.02.  COMPOSITION OF BOARD; TRUSTEE QUALIFICATIONS.  (a)  The police retirement board shall be composed of 11 members as follows:
(1)  one council member designated by the city council;
(2)  the city manager or the city manager's designee;
(3)  the director of finance or the director's designee;
(4)  four police officer members elected by the police officer members of the system, each of whom serves for a term of four years;
(5)  one legally qualified voter of the city, who is a resident and has been a resident for the preceding five years, is not an employee of the city or a member of the system, and has demonstrated experience in the field of finance or investments, to be appointed by the police retirement board to serve for a term of four years and until the member's successor is duly selected and qualified;
(6)  one legally qualified voter of the city, who is a resident and has been a resident for the preceding five years, is not an employee of the city or a member of the system, and has demonstrated  experience in the field of finance or investments, to be appointed by the city council to serve for a term of four years and until the member's successor is duly selected and qualified; and
(7)  two retired members to be elected by the retired members to serve for a term of four years, with the term of one member expiring each odd-numbered year.
(b)  The terms of two members elected as described by Subsection (a)(4) of this section expire in 2023 and every fourth subsequent year, and the terms of two members elected as described by Subsection (a)(4) of this section expire in 2025 and every fourth subsequent year.
(b-1)  A member of the police retirement board appointed under Subsection (a)(5) or (a)(6) of this section must:
(1)  have, at the time of taking office, the qualifications required for the trustee's position; and
(2)  maintain during service on the board the qualifications required for the trustee's position.
(c)  A vacancy occurring by the death, resignation, or removal of the member appointed under:
(1)  Subsection (a)(5) of this section shall be filled by appointment by the remaining members of the police retirement board; and
(2)  Subsection (a)(6) of this section shall be filled by appointment by the city council.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.03. Police Officer and Retired Members of Board

Sec. 3.03. POLICE OFFICER AND RETIRED MEMBERS OF BOARD.    (a)  The police officer members of the board shall be elected and shall serve in accordance with Subsections (b)-(e) of this section.
(b) Any police officer member is eligible to run in the election for a position on the board.
(c) Members shall serve during the term for which they are elected and until their successors are elected and qualified, unless they are removed or their active service as police officers with the city is terminated for any reason other than service retirement.  If a police officer member should elect service retirement under Article VI of this Act while serving the term for which the member is elected, the member shall continue to serve for the remainder of the term.
(d) A vacancy occurring by reason of removal, resignation, death, or any other reason shall be filled for the remainder of the term by a police officer member appointed by the remaining members of the police retirement board.
(e) Elections for police officer members shall be held on the first payday in December of each odd-numbered year.  The police officers receiving the highest number of votes are elected.  In case of a tie vote, selection shall be by lot.
(f) The retired members of the board shall be elected and shall serve in accordance with Subsections (g)-(j) of this section.
(g) Any retired member is eligible to run in the election for a position on the board.
(h) Retired members shall serve during the term for which they are elected and until their successors are elected and qualified.
(i) A vacancy occurring by reason of removal, resignation, or death shall be filled for the remainder of the term by a retired member appointed by the vote of a majority of the remaining members of the police retirement board.
(j) An election for retired members shall be held during the first week in December of each odd-numbered year.  The retired member receiving the highest number of votes in an election is elected.  In case of a tie vote, selection shall be by lot.
(k) The police retirement board shall approve written procedures for the conduct of all elections under this Act and shall certify and announce the results of each election.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.04. Oath; Compensation

Sec. 3.04. OATH;  COMPENSATION.    (a)  At the first regularly scheduled police retirement board meeting after appointment and election, each member of the police retirement board shall take an oath of office that, so far as it devolves upon him, the member will diligently and honestly administer the affairs of the police retirement system and that the member will not knowingly violate or willingly permit to be violated any of the provisions of this Act applicable to the police retirement system.
(b) All members of the board shall serve without compensation.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.05. Chair; Vice-Chair

Sec. 3.05. CHAIR;  VICE-CHAIR.    (a)  The board shall elect from its membership a chair and a vice-chair to serve two years.
(b) The board shall appoint a pension officer.  The pension officer shall appoint other necessary staff members with approval of the board.  The pension officer, acting under the direction of the board, shall keep all of the records of the police retirement system and a record of the proceedings of the board.  The pension officer and other employees of the system shall receive such compensation as the board may fix in each annual budget or amendments thereto.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.06. Rules; Quorum; Removal

Sec. 3.06. RULES;  QUORUM;  REMOVAL.    (a)  Subject to the limitations of this Act, the police retirement board shall from time to time establish rules and regulations for the administration of the police retirement system authorized to be created by this Act and for the transaction of the board's business.
(b) Each member of the board shall be entitled to one vote.  Six members shall constitute a quorum.  A majority vote of members attending a meeting shall be necessary for a decision of the board.
(c) Any member who is absent from five consecutive board meetings shall be removed from the board, and the member shall be replaced in accordance with Section 3.02 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.07. Board Records

Sec. 3.07. BOARD RECORDS.  The board shall keep or cause to be kept in convenient form data necessary for actuarial valuation of various funds of the police retirement system and for checking the experience of the system.  The board shall keep a record of all its proceedings, which shall be open to public inspection, and shall publish annually a report showing the fiscal transactions of the police retirement system for the preceding year and the amount of its accumulated cash and securities as disclosed by the most recent actuarial valuation of assets and liabilities.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.08. Administration of Police Retirement System

Sec. 3.08. ADMINISTRATION OF POLICE RETIREMENT SYSTEM.    (a)  The board shall have charge of and administer the police retirement system and shall order payments therefrom under the provisions of this Act.
(b) The board shall obtain from the city all records necessary to administer the system.  Individual accounts shall be maintained with each member of the police retirement system, showing the amount of the member's accumulated deposits as provided under the system.  Annually a statement shall be given each member showing the total accumulation of the member's credit.
(c) The board shall engage and employ a certified public accountant or firm of certified public accountants to perform an audit of the accounts of the board and the police retirement system at least annually.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.09. Actuary; Duties

Sec. 3.09. ACTUARY;  DUTIES.    (a)  The police retirement board shall designate an actuary that shall be the technical advisor to the board regarding the funds authorized by provisions of this Act and shall perform such other duties as may be required in connection therewith.  As soon as practicable after the establishment of the police retirement system, the actuary shall recommend for adoption by the board tables and rates required by the system.  The board shall adopt the tables and rates and as soon as practicable thereafter the actuary shall make a valuation, based on the tables and rates, of the assets and liabilities of the system.
(b)  From time to time on the advice of the actuary and at the direction of the board and as provided by Section 3.091 of this Act, the actuary shall make an actuarial investigation of the mortality, service, and compensation experience of members, retired members, and beneficiaries of the system and shall recommend for adoption by the board the tables and rates required by the system.  The board shall adopt the tables and rates to be used by the system.
(c) The actuary shall make valuations of the assets and liabilities of the system based on tables and rates adopted by the board at least every two years.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.10. Investment Managers

Sec. 3.10.  INVESTMENT MANAGERS.  The police retirement board may hire an investment manager or investment managers who shall have full authority to invest the assets and manage any portion of the portfolio of the system, as specified by the manager's contract.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.11. Investment Consultant

Sec. 3.11. INVESTMENT CONSULTANT.  The board may hire an investment consultant to monitor the investment performance of the system's investment manager or managers and provide other investment advice requested by the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.12. Legal Counsel

Sec. 3.12. LEGAL COUNSEL.  The board may retain legal counsel to advise, assist, or represent the board in any legal matters affecting the operation of the system. The board may litigate all matters for and on behalf of the police retirement system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.13. Reimbursement of Legal Expenses of Board Member or Employee of System

Sec. 3.13.  REIMBURSEMENT OF LEGAL EXPENSES OF BOARD MEMBER OR EMPLOYEE OF SYSTEM.  (a)  The board may:
(1)  reimburse a board member or an employee of the police retirement system for liability imposed as damages because of an alleged act, error, or omission committed in the person's capacity as a fiduciary or co-fiduciary of assets of the system or as an employee of the system and for costs and expenses incurred by the person in defense of a claim of an alleged act, error, or omission; or
(2)  purchase from an insurer authorized to engage in business in this state one or more insurance policies that provide for that reimbursement.
(b)  The board may not provide reimbursement under this section, and may not purchase an insurance policy under this section that would provide reimbursement, of a board member or employee of the police retirement system for liability imposed or expenses incurred because of the person's personal dishonesty, fraudulent breach of trust, lack of good faith, intentional fraud or deception, or intentional failure to act prudently.
(c)  The cost of reimbursement or an insurance policy purchased under this section shall be paid from the assets of the police retirement system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article III. › Section 3.14. Confidentiality of Information About Members, Retirees, Annuitants, or Beneficiaries

Sec. 3.14.  CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS, RETIREES, ANNUITANTS, OR BENEFICIARIES.  (a)  Information contained in records that are in the custody of the police retirement system concerning an individual member, retiree, annuitant, or beneficiary is confidential under Section 552.101, Government Code, and may not be disclosed in a form identifiable with a specific individual unless:
(1)  the information is disclosed to:
(A)  the individual or the individual's attorney, guardian, executor, administrator, or conservator, or another person who the administrator of the police retirement system determines is acting in the interest of the individual or the individual's estate;
(B)  a spouse or former spouse of the individual after the administrator of the police retirement system determines that the information is relevant to the spouse's or former spouse's interest in member accounts, benefits, or other amounts payable by the police retirement system;
(C)  a governmental official or employee after the administrator of the police retirement system determines that disclosure of the requested information is reasonably necessary to the performance of the duties of the official or employee; or
(D)  a person authorized by the individual in writing to receive the information; or
(2)  the information is disclosed pursuant to a subpoena and the administrator of the police retirement system determines that the individual will have a reasonable opportunity to contest the subpoena.
(b)  This section does not prevent the disclosure of the status or identity of an individual as a member, former member, retiree, deceased member or retiree, or beneficiary of the police retirement system.
(c)  A determination and disclosure under Subsection (a) may be made without notice to the individual member, retiree, annuitant, or beneficiary.
(d)  If a disclosure under Subsection (a) is a disclosure of protected health information by a covered entity, as those terms are defined by the privacy rule of the Administrative Simplification subtitle of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191) contained in 45 C.F.R. Part 160 and 45 C.F.R. Part 164, Subparts A and E, the covered entity shall ensure that the authorization for the disclosure complies with all of the privacy rule's applicable requirements, standards, and implementation specifications relating to authorizations for uses and disclosures of protected health information.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article V. › Section 5.01. Creditable Service

Sec. 5.01. CREDITABLE SERVICE.    (a)  The board shall determine by appropriate rules and regulations, subject to the provisions of this Act, in case of a member's absence, illness, or other temporary separation from service, the portion of each calendar year to be allowed as creditable service.
(b) No credit shall be allowed as service for any period exceeding one month during which a member was absent continuously without pay, except as provided in Subsection (f) of Section 4.01 of this Act, with respect to uniformed service leave of absence;  as provided in Section 5.02 of this Act, with respect to military service performed prior to system membership;  or as provided in Section 5.03 of this Act, with respect to probationary service in excess of six months.
(c) The board shall verify the records for service claims filed by the members of the police retirement system, in accordance with such administrative rules and regulations as the board may from time to time adopt.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article V. › Section 5.03. Probationary Service Credit

Sec. 5.03. PROBATIONARY SERVICE CREDIT.    (a)  An eligible member or eligible surviving spouse may establish creditable service for probationary service performed as provided under this section according to the following conditions, limitations, and restrictions:
(1)  Probationary service creditable in the system is any probationary service following the member's commission date or the member's first date of employment with the system for which the member does not have creditable service.
(2)  An eligible member or eligible surviving spouse may establish creditable service under this section by contributing to the system a single payment equal to the contribution the member would have made to the system for that service at the time the service was performed and an interest charge based on the contribution amount to be repaid times an interest factor.  The interest factor is eight percent per year for the period that begins with the beginning of the month and year at the end of the probationary period for which creditable service is being established to the beginning of the month and year payment is made to the system for the purpose of establishing said service.
(3)  After the eligible member or eligible surviving spouse makes the deposit required by Subdivision (2) of this subsection, the system shall grant the member one month of creditable service for each month of probationary service established under this section.
(b) For purposes of this section, an eligible member is a police officer employed by the city who is not separated from active service.
(c) For purposes of this section, an eligible surviving spouse is the surviving spouse of a member who was an eligible member immediately before the time of death if the member dies before making payment to the system of the amount required by this section.  An eligible surviving spouse may establish creditable service for probationary service not later than the date that is six months after the date of the member's death and only if the lump-sum death benefit described by Section 6.05(a) or 6.06(a)(3) of this Act is not paid.
(d) The method of determining the amount of the required payment described by Subsection (a)(2) of this section may be changed if:
(1) the effect of the change is disclosed by the board's actuary;
(2) the change is adopted by the board as a board rule;  and
(3) the change applies to all payments for establishing creditable service under this section made to the system after the effective date of the change.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.01. Service Retirement Benefits and Increases in Benefits

Sec. 6.01. SERVICE RETIREMENT BENEFITS AND INCREASES IN BENEFITS.
(a)  On retirement after having reached the member's normal retirement date, members entitled thereto shall receive a service retirement benefit in the form of a life annuity (modified cash refund).  Each monthly payment of the life annuity (modified cash refund) shall be equal to one-twelfth of:
(1)  for a group A member, the product of 3.2 percent of a member's average final compensation multiplied by the number of months of creditable service; or
(2)  for a group B member, the product of 2.5 percent of a member's average final compensation multiplied by the number of months of creditable service.
(b) An annuity shall be considered as a life annuity (modified cash refund) with the first monthly payment due at the end of the month immediately following the member's retirement date, but the amounts of these and all other benefits payable under this Act shall be subject at all times to such adjustments as may be required to ensure actuarial soundness as may be approved by the actuary and adopted by the board, except that annuities already granted may not be reduced below the base retirement amount granted at time of retirement.
(c)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.
(d)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.
(e)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.
(f)  For purposes of this section, compensation of each noneligible member taken into account under this Act may not exceed the maximum amount allowed under Section 401(a)(17) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).  The limit prescribed by this subsection does not apply to an eligible member.  For purposes of this subsection, an eligible member is any individual who first became a member before January 1, 1996.  For purposes of this subsection, a noneligible member is any other member.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.02. Eligibility for Service Retirement

Sec. 6.02. ELIGIBILITY FOR SERVICE RETIREMENT.    (a)  A group A member shall be eligible for service retirement if the member has attained the age of 55 years and completed at least 20 years of creditable service with the city, or has completed 23 years of creditable service, excluding any military service established under Section 5.02 of this Act.
(a-1)  A group B member shall be eligible for service retirement if the member has attained the age of 50 years and completed at least 25 years of creditable service with the city, excluding any military service established under Section 5.02 of this Act.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.
(c) Any member, irrespective of the number of years of creditable service, shall be eligible for service retirement after attaining the age of 62 years.  No member shall be paid any benefits by the system so long as the member is employed by the city as a police officer or by the system as an employee of the system's administrative staff.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.03. Annuity Options

Sec. 6.03. ANNUITY OPTIONS.    (a)  In lieu of the life annuity (modified cash refund) defined in Section 6.01 of this Act, a member attaining eligibility for service retirement may file a duly acknowledged written designation which, if approved by the board, shall entitle the member to receive the actuarial equivalent of the life annuity by electing one of the following options:
OPTION I. Joint and 100 Percent Survivor Annuity.  A reduced annuity payable to the member but with the provision that on the member's death, the annuity shall be continued throughout the life of and be paid to such person that the member shall irrevocably designate before the member's retirement date.
OPTION II. Joint and 50 Percent Survivor Annuity.  A reduced annuity payable to the member but with the provision that on the member's death, one-half of the annuity shall be continued throughout the life of and be paid to the person that the member shall irrevocably designate before the member's retirement date.
OPTION III. Joint and 66-2/3 Percent Survivor Annuity.  A reduced annuity payable to the member but with the provision that on the member's death, two-thirds of the annuity shall be continued throughout the life of and be paid to the person that the member shall irrevocably designate before the member's retirement date.
OPTION IV. Joint and 66-2/3 Percent Last Survivor Annuity.  A reduced annuity payable to the member but with the provision that two-thirds of the annuity to which the member would be entitled shall be continued throughout the life of and be paid to the survivor after the death of either the member or the person that the member shall irrevocably designate before the member's retirement date.
OPTION V. 15-Year Certain and Life Annuity.  A reduced annuity shall be payable to the member for life.  In the event of the member's death before 180 monthly payments have been made, the remainder of the 180 payments are payable to the member's beneficiary or, if one does not exist, to the member's estate.
(b) The amount of the annuity payment in Options I, II, III, IV, and V shall be determined without considering the minimum cumulative payment of the retired member's accumulated deposits since that refund feature will stay in effect as indicated in Subsection (b), Section 6.06, of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.04. Termination Prior to Retirement; Treatment of Accumulated Deposits

Sec. 6.04. TERMINATION PRIOR TO RETIREMENT;  TREATMENT OF ACCUMULATED DEPOSITS.    (a)  On employment termination, the member shall receive the amount of the accumulated deposits standing to the member's credit in one lump sum, except that if such member has had at least 10 years of creditable service at the time the member separates from service, the member shall have a right to elect to leave the member's accumulated deposits with the police retirement system until such time as the member shall have applied in writing for service retirement and shall have attained an age at which the member shall have become entitled to receive a service retirement benefit under this Act, at which time the member shall be entitled to a service retirement benefit computed under the formula in Section 6.01(a) of this Act in effect on the last day of the month immediately preceding the month of the first benefit payment.
(b)  If a member who has attained the applicable age for the minimum distribution required under Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)) separates or has separated from service without applying for retirement or a refund of accumulated deposits, the police retirement system shall attempt to send to that member a written notice as soon as practicable after the later of the date the member attains the applicable age or the date the member separates from service.  The written notice must advise the member of the requirement under Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)) to retire and begin receiving a monthly retirement benefit.  If, before the 91st day after the date the police retirement system sends the notice, the member has not filed an application for retirement or a refund, the member is considered to have retired on the last day of the third month following the later of the two dates specified by this subsection.  If applicable, the retirement option shall be determined in accordance with the member's written selection of optional benefit and designation of beneficiary under Section 6.06(a)(1) of this Act.  Otherwise, the member shall receive the life annuity under Section 6.01 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.05. Death of a Member; Treatment of Accumulated Deposits

Sec. 6.05. DEATH OF A MEMBER;  TREATMENT OF ACCUMULATED DEPOSITS.    (a)  In the event of death of a member who is ineligible for retirement, the accumulated deposits standing to the member's credit in Fund No. 1 and an equivalent amount from Fund No. 2 shall be payable in a lump sum to the member's beneficiary or, if no beneficiary, to the member's estate, unless the member shall have directed otherwise in writing duly acknowledged and filed with the board.  The lump sum may not be less than $10,000. When the $10,000 minimum is payable, the amount payable from Fund No. 2 is $10,000 minus the accumulated deposits standing to the member's credit in Fund No. 1.
(b) Seven years after a member separates from service with less than 10 years' service, if no previous demand has been made, any accumulated deposits standing to the member's credit shall be returned to the member or to the member's estate, but if the contributor or the member's personal representative cannot be found or if the member dies without leaving heirs or legatees, the member's accumulated deposits shall thereafter become a part of Fund No. 2.
(c)  In the event of death of a member receiving a retirement benefit, the sum of $10,000 shall be payable in a lump sum to the member's beneficiary or, if no beneficiary, to the member's estate, unless the member shall have directed otherwise in writing, duly acknowledged and filed with the board.  The payment under this subsection shall be made from the retiree death benefits fund described in Section 6.08 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VI. › Section 6.08. Retiree Death Benefit Fund

Sec. 6.08. RETIREE DEATH BENEFIT FUND.    (a)  The police retirement board shall establish a retiree death benefit fund and shall deposit in such fund contributions paid by the city to provide retiree death benefits in accordance with this section.  The board may, but is not required to, credit interest to the retiree death benefit fund annually at such rate as the board may determine.
(b) The police retirement system shall pay death benefits under Section 6.05(c) of this Act only from money in the retiree death benefit fund, and the benefits are not an obligation of other funds of the retirement system.
(c) Based upon the recommendation of the system's actuary, the board shall adopt such rates and tables as are considered necessary to determine the retiree death benefit fund contribution rate of the city.  At the same time as the actuary makes a valuation of the assets and liabilities of the system pursuant to Section 3.09 of this Act, the actuary shall also make an actuarial valuation of the assets and liabilities of the retiree death benefit fund, and upon recommendation by the actuary, the board shall adjust the rates and tables for the retiree death benefit fund.
(d) If at any time the amount of payments due from the retiree death benefit fund exceeds the balance of such fund, the board may direct that funds be transferred from the general retirement fund to the retiree death benefit fund in such amounts as are necessary to cover the deficiency.  Any sums transferred to the retiree death benefit fund under this subsection shall be repaid to the general retirement fund of the retirement system at such time as subsequent contributions by the city have resulted in the accumulation of a sufficient amount in the retiree death benefit fund for such a repayment to appear prudent.
(e) Contributions by the city to the retiree death benefit fund shall be made at the same time as the city makes its contribution to the retirement system under Section 8.01 of this Act, and the amount of the city's contribution under Section 8.01 of this Act each pay period shall be reduced by the amount of the city's contribution to the retiree death benefit fund for that same pay period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VII. › Section 7.02. Computation of Disability Benefit

Sec. 7.02. COMPUTATION OF DISABILITY BENEFIT.    (a)  On award of disability retirement benefits, the member shall receive a disability retirement benefit computed in the same manner that a service retirement benefit would be computed at the member's normal retirement date, based on average final compensation and creditable service at date of disability retirement without reduction for early retirement.  If the disability is a direct or proximate result of the performance of the member's employment duties with the system or the city, then the disability retirement benefit will be subject to a minimum benefit determined in accordance with Section 6.01(a)(1) or (2) of this Act, as applicable, based on:
(1)  average final compensation at date of disability retirement; and
(2)  for:
(A)  a group A member, 20 years of creditable service; or
(B)  a group B member, 25 years of creditable service.
(a-1)  The options allowed under this section are life annuity or its actuarial equivalent payable in the form described as Option I, Option II, Option III, Option IV, or Option V in Section 6.03 of this Act.  The disability benefits paid to the member will be paid from Fund No. 1 until the amount received equals the member's accumulated deposits; thereafter the benefits will be paid from Fund No. 2.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.