reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 12. Appeals of Benefit Decisions

Sec. 12. APPEALS OF BENEFIT DECISIONS.    (a)  A member who is eligible for retirement for length of service or disability or who has a claim for temporary disability, or any of the member's beneficiaries, who is aggrieved by a decision or order of the board, whether on the basis of rejection of a claim or of the amount allowed, may appeal from the decision or order of the board to a district court in the county in which the board is located by giving written notice of the intention to appeal.  The notice must contain a statement of the intention to appeal, together with a brief statement of the grounds and reasons the party feels aggrieved.  The notice must be served personally on an officer of the board not later than the 20th day after the date of the order or decision.  After service of the notice, the party appealing shall file with the district court a copy of the notice of intention to appeal, together with the affidavit of the party making service showing how, when, and on whom the notice was served.
(b)  Not later than the 30th day after the date of service of the notice of intention to appeal on the board, an officer of the board shall file with the district court a transcript of all papers and proceedings in the case before the board.  When the copy of the notice of intention to appeal and the transcript have been filed with the court, the appeal is considered perfected, and the court shall docket the appeal, assign the appeal a number, fix a date for hearing the appeal, and notify both the appellant and the board of the date fixed for the hearing.
(c) At any time before issuing a decision on the appeal, the court may require further or additional proof or information, either documentary or under oath.  On issuing a decision on the appeal, the court shall give to each party to the appeal a copy of the decision and shall direct the board as to the disposition of the case.  The final decision or order of the district court is appealable in the same manner as are civil cases generally.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 13A. Municipal Contributions

Sec. 13A.  MUNICIPAL CONTRIBUTIONS.  (a)  Beginning with the year 2017 effective date, the municipality shall make contributions to the fund as provided by this section and Section 13B, 13C, 13E, or 13F of this article, as applicable.  The municipality shall contribute:
(1)  beginning with the year 2017 effective date and ending with the fiscal year ending June 30, 2018, an amount equal to the municipal contribution rate, as determined in the initial risk sharing valuation study conducted under Section 13C of this article and adjusted under Section 13E or 13F of this article, as applicable, multiplied by the pensionable payroll for the fiscal year; and
(2)  for each fiscal year after the fiscal year ending June 30, 2018, an amount equal to the municipal contribution rate, as determined in a subsequent risk sharing valuation study conducted under Section 13B of this article and adjusted under Section 13E or 13F of this article, as applicable, multiplied by the pensionable payroll for the applicable fiscal year.
(b)  Except by written agreement between the municipality and the board providing for an earlier contribution date, at least biweekly, the municipality shall make the contributions required by Subsection (a) of this section by depositing with the fund an amount equal to the municipal contribution rate multiplied by the pensionable payroll for the applicable biweekly period.
(c)  With respect to each fiscal year:
(1)  the first contribution by the municipality under this section for the fiscal year shall be made not later than the date payment is made to firefighters for their first full biweekly pay period beginning on or after the first day of the fiscal year; and
(2)  the final contribution by the municipality under this section for the fiscal year shall be made not later than the date payment is made to firefighters for the final biweekly pay period of the fiscal year.
(d)  In addition to the amounts required under this section, the municipality may at any time contribute additional amounts for deposit in the fund by entering into a written agreement with the board.
(e)  Notwithstanding any other law, the municipality may not issue a pension obligation bond to fund the municipal contribution rate under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 13G. Interpretation of Certain Risk Sharing Provisions; Unilateral Decisions and Actions Prohibited

Sec. 13G.  INTERPRETATION OF CERTAIN RISK SHARING PROVISIONS; UNILATERAL DECISIONS AND ACTIONS PROHIBITED.  (a)  Nothing in this article, including Section 2(p) or (p-1) of this article and any authority of the board to construe and interpret this article, to determine any fact, to take any action, or to interpret any terms used in Sections 13A through 13F of this article, may alter or change Sections 13A through 13F of this article.
(b)  No unilateral decision or action by the board is binding on the municipality and no unilateral decision or action by the municipality is binding on the fund with respect to the application of Sections 13A through 13F of this article unless expressly provided by a provision of those sections.  Nothing in this subsection is intended to limit the powers or authority of the board.
(c)  Section 10 of this article does not apply to a benefit increase under Section 13E of this article, and Section 10 of this article is suspended while Sections 13A through 13F of this article are in effect.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 13H. State Pension Review Board; Report

Sec. 13H.  STATE PENSION REVIEW BOARD; REPORT.  (a)  After preparing a final risk sharing valuation study under Section 13B or 13C of this article, the fund and the municipality shall jointly submit a copy of the study or studies, as appropriate, to the State Pension Review Board for a determination that the fund and municipality are in compliance with this article.
(b)  Not later than the 30th day after the date an action is taken under Section 13E or 13F of this article, the fund shall submit a report to the State Pension Review Board regarding any actions taken under those sections.
(c)  The State Pension Review Board shall notify the governor, the lieutenant governor, the speaker of the house of representatives, and the legislative committees having principal jurisdiction over legislation governing public retirement systems if the State Pension Review Board determines the fund or the municipality is not in compliance with Sections 13A through 13G of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 14. Internal Revenue Code Limitations

Sec. 14. INTERNAL REVENUE CODE LIMITATIONS.    (a)  Notwithstanding any other provision of this article, a member may not accrue a benefit or allowance under this article in excess of an amount that, when added to all other pension benefits received under plans of the municipality that are qualified under Section 401 of the code, results in an annual benefit in excess of the applicable limits provided by Section 415 of the code.  That accrual limitation applies only as long as satisfaction of Section 415 of the code is necessary to maintain the tax-qualified status of the fund under Section 401 of the code.  Any benefit accruals limited under this subsection must be determined by a qualified actuary selected by the board.
(b) Notwithstanding any other provision of this article, the fund shall be administered in a manner that complies with the code, United States Treasury Department regulations, and Internal Revenue Service rulings and notices applicable to public retirement systems.  The board shall adopt rules and amend or repeal conflicting rules to ensure compliance with this subsection.
(c) The board may establish and maintain a qualified governmental excess benefit arrangement, in accordance with Section 415(m) of the code, solely for the purpose of providing to members the amount of each member's pension benefit otherwise payable under the fund that exceeds the limitations on benefits imposed by Section 415 of the code.  The board may maintain a separate trust solely for providing benefits under the arrangement or may maintain the arrangement on an unfunded basis through municipal contributions as benefits become payable.  Benefits provided by that arrangement may not be paid from the trust fund assets that are available for payment of any other benefit under this article.  Benefits under any qualified governmental excess benefit arrangement shall be paid or funded entirely through municipal contributions in an amount approved by the board.  An election may not be provided at any time to a member, directly or indirectly, to defer compensation under the arrangement.  The operation and administration of any qualified governmental excess benefit arrangement is the responsibility of the board, which has the same powers concerning the arrangement as are provided to the board under this article concerning the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 15. Exemption of Benefits From Judicial Process

Sec. 15. EXEMPTION OF BENEFITS FROM JUDICIAL PROCESS.  The fund may not, either before or after its order of disbursement by the board to a member, a spouse eligible to receive a benefit under the DROP, an eligible spouse, the guardian of an eligible child, or an eligible parent, be held, seized, subjected to, or levied on by virtue of any execution, attachment, garnishment, injunction, or other writ, order, or decree, or any process issued out of, or by, any court for the payment or satisfaction of any debt, damage, claim, demand, or judgment against a member, a spouse eligible to receive a benefit under the DROP, an eligible spouse, the guardian of an eligible child, or an eligible parent.  The fund or any claim against the fund may not be directly or indirectly assigned or transferred, and any attempt to assign or transfer the fund or a claim is void.  The fund shall be sacredly held, kept, and disbursed only for the purposes provided by this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 16. Service Credit for Members Previously Members of Similar Funds

Sec. 16. SERVICE CREDIT FOR MEMBERS PREVIOUSLY MEMBERS OF SIMILAR FUNDS.    (a)  A person who becomes a firefighter in a municipality to which this article applies may receive service credit for prior employment with the fully paid fire department of another municipality in this state with a similar fund benefiting only firefighters of that municipality to which the firefighter contributed if:
(1)  the firefighter is under 36 years of age at the time of applying to the fund;
(2)  the firefighter passes a physical examination;
(3)  the firefighter pays into the fund an amount equal to the total contribution the firefighter would have made had the firefighter been employed by the municipality, at the municipality's pay scale, instead of the municipality by which the firefighter was previously employed, plus six percent interest, compounded annually;
(4)  the firefighter applies for that credit not later than the 60th day after the date on which membership begins;  and
(5)  the firefighter has moved directly into employment at the fire department from the fire department for which the prior service credit is sought, without any intervening employment or extended interruption.
(b) A member may receive credit for prior service in more than one fire department under Subsection (a) of this section only if there have not been interruptions in employment and each preceding service meets the other requirements of Subsection (a) of this section.
(c) The municipality to which the member has transferred shall pay an amount equal to the amount it would have paid had the member been employed by that municipality instead of the municipality by which the firefighter was previously employed, based on the municipality's pay scale, plus six percent interest, compounded annually.  Both the municipality's contribution and the member's contribution must be paid promptly on approval of the member's application for service credit.
(d) A firefighter may not participate under this section in the fund of the municipality to which the firefighter has transferred until the firefighter has fully complied with this article and the municipality has complied with Subsection (c) of this section.
(e) A firefighter eligible for prior service credit may participate in the fund, subject to the other requirements of this article, without obtaining that credit, and if the firefighter does not comply with the provisions and time limits of this section, the firefighter is ineligible for the credit.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e-2. Firemen's Pensions in Cities of 350,000 to 400,000

Any city having a population of three hundred fifty thousand (350,000) or more, but less than four hundred thousand (400,000) according to the last preceding Federal Census and having a full time regularly organized fire department and having an established municipal employees retirement plan shall be authorized to provide for the retirement of its firemen by appropriate ordinance under the terms and provisions of such employees retirement plan if the benefits provided by such employees retirement plan are substantially as advantageous as the benefits provided by Chapter 125, Acts of the 45th Legislature, as amended (Article 6243e, Vernon's Civil Statutes of the State of Texas).
Upon adoption of an appropriate ordinance, all of the assets of the Firemen's Relief and Retirement Fund shall be transferred to the Municipal Employees' Retirement Fund and thereafter those persons serving as active firemen duly enrolled or contributing to the fund shall be subject to all provisions of such Municipal Employees' Retirement Fund and the Municipal Employees' Retirement Fund of such city shall assume all liabilities and obligations of the Firemen's Relief and Retirement Fund at the date of transfer.  Thereafter such Municipal Employees' Retirement Fund as combined shall not be subject to the provisions of Chapter 125, Acts of the 45th Legislature, as amended (Article 6243e, Vernon's Civil Statutes of the State of Texas).
Provided, however, nothing contained in this Act shall be held or construed to affect or impair any act done or right vested or accrued under Article 6243e, V.A.C.S., pending in any proceeding, suit, or prosecution had or commenced in any cause thereunder, be it before the courts, the Firemen's Pension Commissioner, or the Board of Firemen's Relief and Retirement Fund Trustees;  but every act done, or right vested or accrued, or proceeding, suit or prosecution had or commenced shall remain in full force and effect to all intents as if Article 6243e, V.A.C.S., were applicable thereto and any and all liabilities existing under this proviso, be they vested, accrued or contingent, shall be the obligations of the Municipal Employees' Retirement Fund.
Acts 1963, 58th Leg., p. 54, ch. 36, eff. April 1, 1963.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e-3. Firemen's Death and Disability Benefits; Heart or Lung Disease › Section 1.

Section 1. The Board of Trustees of any firemen's pension fund in any incorporated city or town in this State may, upon fulfilling requirements hereinafter stated, establish benefit eligibility for a fulltime employee who has been employed for as long as six (6) years, and thereafter becomes disabled or dies from heart or lung disease, based on a presumption that such death or disease was a consequence of his duties as a fireman, if the fireman shall have successfully passed a physical examination prior to the claimed disability or death, or upon entering upon his employment as a fireman, and the examination failed to reveal any evidence of the condition or disease of the lungs, hypertension or heart disease.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e-3. Firemen's Death and Disability Benefits; Heart or Lung Disease › Section 2.

Sec. 2. Before any such Board shall adopt as part of its plan for retirement benefits the presumption, together with qualifications, set forth in Section 1 hereof, it shall take the following preliminary step(s):
(a) Obtain an actuarial study showing how the proposed change in benefit eligibility standards will affect the financial condition of the fund.
(b) In the event that such actuarial study shows that inclusion of the proposed change in benefit eligibility standards will not make the fund financially unsound, then said Board shall, within thirty days after receipt of such actuarial study, hold an election in which the active participants contributing to the fund shall vote on the question of whether such benefit eligibility standard should be instituted, said Board being bound by the results of such election.
Acts 1971, 62nd Leg., p. 2392, ch. 747, eff. Aug. 30, 1971.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243f-1. Involuntary Retirement of Fire Fighters in Cities of 400,000 to 450,000; Age; Disability › Section 1.

Sec. 1.  No member of a fire department in any city or town in this state having a population of not less than 900,000 nor more than 950,000 shall be involuntarily retired prior to reaching the mandatory retirement age set for such cities' employees unless he is physically unable to perform his duties.  In the event he is physically unable to perform his duties, he shall be allowed to use all of his accumulated sick leave, before retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243f-1. Involuntary Retirement of Fire Fighters in Cities of 400,000 to 450,000; Age; Disability › Section 2.

Sec. 2. As used in this Act, "the last preceding federal census" means the 1970 census or any future decennial federal census.  This is despite any legislation that has been or may be enacted during any session of the 62nd Legislature delaying the effectiveness of the 1970 census for general State and local governmental purposes.
Acts 1971, 62nd Leg., p. 863, ch. 103, eff. April 30, 1971.  Amended by Acts 1981, 67th Leg., p. 593, ch. 237, Sec. 125, eff. Sept. 1, 1981;  Acts 1991, 72nd Leg., ch. 597, Sec. 49, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 669, Sec. 167, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 193, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 290, eff. September 1, 2023.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 1. Purpose

Sec. 1.  PURPOSE.  The purpose of this article is to restate and amend the provisions of former law creating and governing a police officers pension system in each city in this state having a population of two million or more, according to the most recent federal decennial census, and to reflect changes agreed to by the city and the board of trustees of the pension system under Section 27 of this article.  The pension system shall continue to operate regardless of whether the city's population falls below two million.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 1A. Interpretation of Article

Sec. 1A.  INTERPRETATION OF ARTICLE.  This article does not and may not be interpreted to:
(1)  relieve the city, the board, or the pension system of their respective obligations under Sections 9 through 9E of this article;
(2)  reduce or modify the rights of the city, the board, or the pension system, including any officer or employee of the city, board, or pension system, to enforce obligations described by Subdivision (1) of this section;
(3)  relieve the city, including any official or employee of the city, from:
(A)  paying or directing to pay required contributions to the pension system under Section 8 or 9 of this article or carrying out the provisions of Sections 9 through 9E of this article; or
(B)  reducing or modifying the rights of the board and any officer or employee of the board or pension system to enforce obligations described by Subdivision (1) of this section;
(4)  relieve the pension system or board, including any officer or employee of the pension system or board, from any obligation to implement a benefit change or carry out the provisions of Sections 9 through 9E of this article; or
(5)  reduce or modify the rights of the city and any officer or employee of the city to enforce an obligation described by Subdivision (4) of this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 2A. Fiscal Year

Sec. 2A.  FISCAL YEAR.  If either the pension system or the city changes its respective fiscal year, the pension system and the city shall enter into a written agreement under Section 27 of this article to adjust the provisions of Sections 9 through 9E of this article to reflect that change for purposes of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 2B. Alternative Retirement Plans

Sec. 2B.  ALTERNATIVE RETIREMENT PLANS.  (a) In this section, "salary-based benefit plan" means a retirement plan provided by the pension system under this article that provides member benefits calculated in accordance with a formula that is based on multiple factors, one of which is the member's salary at the time of the member's retirement.
(b)  Notwithstanding any other law, including Section 9F of this article, and except as provided by Subsection (c) of this section, the board and the city may enter into a written agreement under Section 27 of this article to offer an alternative retirement plan or plans, including a cash balance retirement plan or plans, if both parties consider it appropriate.
(c)  Notwithstanding any other law, including Section 9F of this article, and except as provided by Subsection (d) of this section, if, beginning with the final risk sharing valuation study prepared under Section 9A of this article on or after July 1, 2021, either the funded ratio of the pension system is less than 65 percent as determined in the final risk sharing valuation study without making any adjustments under Section 9D or 9E of this article, or the funded ratio of the pension system is less than 65 percent as determined in a revised and restated risk sharing valuation study prepared under Section 9A(a)(7) of this article, the board and the city shall, as soon as practicable but not later than the 60th day after the date the determination is made:
(1)  enter into a written agreement under Section 27 of this article to establish a cash balance retirement plan that complies with Section 2C of this article; and
(2)  require each employee first hired by the city on or after the 90th day after the date the cash balance retirement plan is established to participate in the cash balance retirement plan established under this subsection instead of participating in the salary-based benefit plan, provided the employee would have otherwise been eligible to participate in the salary-based benefit plan.
(d)  If the city fails to deliver the proceeds of the pension obligation bonds described by Section 9B(j)(1) of this article within the time prescribed by that subdivision, notwithstanding the funded ratio of the pension system, the board and the city may not establish a cash balance retirement plan under Subsection (c) of this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 4. Board Member Leave and Compensation

Sec. 4.  BOARD MEMBER LEAVE AND COMPENSATION.  (a)  The city shall allow active members who are trustees to promptly attend all board and committee meetings.  The city shall allow trustees the time required to travel to and attend educational workshops and legislative hearings and to attend to other pension system business, including meetings regarding proposed amendments to this article, if attendance is consistent with a trustee's duty to the board.
(b)  The board, by an affirmative vote of at least four board members, may elect to reimburse board members who are not employees of the city for their time while attending to official business of the pension system.  The amount of any reimbursement may not exceed $750 a month for each affected board member.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 5. Officers; Meetings; Employees

Sec. 5. OFFICERS;  MEETINGS;  EMPLOYEES.    (a)  The board annually shall elect from its active and retired membership a chairman.  The board also annually shall elect from its membership a vice chairman and a secretary.
(b) The board may hire one or more employees whose positions and salaries shall be set by the board and who, acting under the direction of the board, shall keep all of the records of and perform all of the clerical services for the pension system.
(b-1) The board may hire an executive director.  The executive director, acting under the direction of the board, shall handle the operations of the plan and shall perform other duties as the board may assign.  The executive director shall also serve as the plan administrator for purposes of complying with Subchapter A, Chapter 804, Government Code.
(c) The board may employ professional investment managers and advisors to manage, or advise the board regarding the management and investment of, the fund.  These professional services may include investment counseling, evaluation of fund performance, investment research, and other comparable services.
(d) The board may employ one or more actuaries, legal counsel, accountants, or other professionals and pay the compensation for these services from the fund.
(e) The board shall hold regular monthly meetings at the time and place it designates by resolution.  The chairman, secretary, or any four board members may call a special meeting of the board.
(f) Each board member is entitled to one vote.
(g) Notice shall be given to all board members, unless waived in writing, of any proposed meeting, by any method reasonably calculated to provide adequate notice of the meeting.  The notice may be delivered by mail, in-hand personal delivery, or facsimile or other electronically transmitted notice with recordation of receipt by the receiving board member.  If all board members attend a meeting, however, failure to give notice as required by this subsection is excused.
(h) The board shall keep accurate minutes of its meetings and records of its proceedings.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 5A. Qualifications of City Actuary

Sec. 5A.  QUALIFICATIONS OF CITY ACTUARY.  (a)  An actuary hired by the city for purposes of this article must be an actuary from a professional service firm who:
(1)  is not already engaged by the pension system or any other fund or pension system authorized under Article 6243e.2(1), Revised Statutes, or Chapter 88 (H.B. 1573), Acts of the 77th Legislature, Regular Session, 2001 (Article 6243h, Vernon's Texas Civil Statutes), to provide actuarial services to the pension system or other fund or pension system, as applicable;
(2)  has a minimum of 10 years of professional actuarial experience; and
(3)  is a member of the American Academy of Actuaries or a fellow of the Society of Actuaries and meets the applicable requirements to issue statements of actuarial opinion.
(b)  Notwithstanding Subsection (a) of this section, the city actuary must at least meet the qualifications required by the board for the pension system actuary.  The city actuary is not required to have greater qualifications than those of the pension system actuary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 5B. Liability of Certain Persons

Sec. 5B.  LIABILITY OF CERTAIN PERSONS.  (a)  The trustees, executive director, and employees of the pension system are fully protected from and free of liability for any action taken or suffered by them that were performed in good faith and in reliance on an actuary, accountant, counsel, or other professional service provider, or in reliance on records provided by the city.
(b)  The officers and employees of the city are fully protected and free of liability for any action taken or suffered by the officer or employee, as applicable, in good faith and on reliance on an actuary, accountant, counsel, or other professional service provider.
(c)  The protection from liability provided by this section is cumulative of and in addition to any other constitutional, statutory, or common law official or governmental immunity, defense, and civil or procedural protection provided to the city or pension system as a governmental entity and to a city or pension system official or employee as an official or employee of a governmental entity.  Except for a waiver expressly provided by this article, this article does not grant an implied waiver of any immunity.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 8. Contributions by Members

Sec. 8. CONTRIBUTIONS BY MEMBERS.    (a)  Subject to adjustments authorized by Section 9D or 9E of this article, each active member of the pension system shall pay into the system each month 10.5 percent of the member's pay.  The payments shall be deducted by the city from the salary of each active member each payroll period and paid to the pension system.  Except for the repayment of withdrawn contributions under Section 17(f) of this article and rollovers permitted by Section 17(h) of this article, a person may not be required or permitted to make any payments into the pension system after the person separates from service.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 320 (S.B. 2190), Sec. 2.32, eff. July 1, 2017.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 9F. Unilateral Decisions and Actions Prohibited

Sec. 9F.  UNILATERAL DECISIONS AND ACTIONS PROHIBITED.  (a)  Notwithstanding Section 6(f) or 5B of this article, the board may not change, terminate, or modify Sections 9 through 9E of this article.
(b)  No unilateral decision or action by the board is binding on the city and no unilateral decision or action by the city is binding on the pension system with respect to the application of Sections 9 through 9E of this article unless expressly provided by a provision of those sections.  Nothing in this subsection is intended to limit the powers or authority of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 9G. State Pension Review Board; Report

Sec. 9G.  STATE PENSION REVIEW BOARD; REPORT.  (a)  After preparing a final risk sharing valuation study under Section 9A or 9B of this article, the pension system and the city shall jointly submit a copy of the study or studies, as appropriate, to the State Pension Review Board for a determination that the pension system and city are in compliance with this article.
(b)  Not later than the 30th day after the date an action is taken under Section 9D or 9E of this article, the pension system shall submit a report to the State Pension Review Board regarding any actions taken under those sections.
(c)  The State Pension Review Board shall notify the governor, the lieutenant governor, the speaker of the house of representatives, and the legislative committees having principal jurisdiction over legislation governing public retirement systems if the State Pension Review Board determines the pension system or the city is not in compliance with Sections 9 through 9F of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 10. Investment of Surplus

Sec. 10. INVESTMENT OF SURPLUS.    (a)  If the board determines that a surplus of funds exists in an amount exceeding the current demands upon the pension system, the board shall invest the surplus funds in the manner provided for by Chapter 802, Government Code.
(b) The board may select an investment manager or investment advisor if the board determines the service is desirable.  Selection of managers or advisors must be made from firms that have made presentations in person or in writing to the board.
(c) The board may terminate a contract with an investment advisor at any time.  The board may terminate a contract with an investment manager on notice the board considers appropriate.  A contract may not require the pension system to pay a penalty for early termination.  The costs of investment management or advisory services shall be paid from the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 10A. Report on Investments by Independent Investment Consultant

Sec. 10A.  REPORT ON INVESTMENTS BY INDEPENDENT INVESTMENT CONSULTANT.  (a)  At least once every three years, the board shall hire an independent investment consultant, including an independent investment consulting firm, to conduct a review of pension system investments and submit a report to the board and the city concerning that review.  The independent investment consultant shall review and report on at least the following:
(1)  the pension system's compliance with its investment policy statement, ethics policies, including policies concerning the acceptance of gifts, and policies concerning insider trading;
(2)  the pension system's asset allocation, including a review and discussion of the various risks, objectives, and expected future cash flows;
(3)  the pension system's portfolio structure, including the system's need for liquidity, cash income, real return, and inflation protection and the active, passive, or index approaches for different portions of the portfolio;
(4)  investment manager performance reviews and an evaluation of the processes used to retain and evaluate managers;
(5)  benchmarks used for each asset class and individual manager;
(6)  evaluation of fees and trading costs;
(7)  evaluation of any leverage, foreign exchange, or other hedging transaction; and
(8)  an evaluation of investment-related disclosures in the pension system's annual reports.
(b)  When the board retains an independent investment consultant under this section, the pension system may require the consultant to agree in writing to maintain the confidentiality of:
(1)  information provided to the consultant that is reasonably necessary to conduct a review under this section; and
(2)  any nonpublic information provided for the pension system for the review.
(c)  The costs for the investment report required by this section must be paid from the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 11. Service Credit

Sec. 11. SERVICE CREDIT.    (a)  A member who returns to service after an interruption in service is eligible for credit for the previous service to the extent provided by Section 17 or 19 of this article.
(b) Notwithstanding Subsection (a) of this section, if a member has withdrawn the contributions made during any previous period of service, the previous period of service may not be counted in determining years of service unless the contributions are repaid to the pension system in accordance with Section 17 of this article.
(c)  A member may not have any service credited for unused sick leave, vacation pay, accumulated overtime, or equivalent types of pay until the date the member retires, at which time the member may apply some or all of the service to satisfy the requirements for retirement, although the member otherwise could not meet the service requirement without the credit.
(d) The board shall determine the prior service to be credited to each employee of the police department who becomes an active member of the pension system.  The board shall rely on the personnel records of the city or the police department in determining prior service credits.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 13. Resumption of Service as Department Head After Retirement

Sec. 13. RESUMPTION OF SERVICE AS DEPARTMENT HEAD AFTER RETIREMENT.    (a)  The pension system shall suspend all pension payments to a retired member who has separated from service and is subsequently appointed as the department head of the police department.  The suspension of payments begins on the effective date of the person's appointment.
(b) Pension benefits based on the person's previous period of service do not accrue during the period of pension payment suspension described by Subsection (a) of this section, but the person again becomes an active member during this period, and contributions of the city and the department head for the subsequent service are payable during the period.  The department head retains credit for all previous service and acquires credit for the subsequent service unless the department head is or becomes a DROP participant.
(c) Once the department head again separates from service, pension benefits under this article shall resume based on both periods of service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 16A. Beneficiary Designation for Drop

Sec. 16A.  BENEFICIARY DESIGNATION FOR DROP.  (a)  Except for the marriage requirement described by Section 16(a) of this article, the provisions of Section 16 of this article pertaining to rights of survivors do not apply to an amount held in a member's DROP account.  A member who participates in DROP may designate a beneficiary in the form and manner prescribed by or on behalf of the board to receive the balance of the member's DROP account in the event of the member's death, as permitted by Section 401(a)(9) of the code and the board's policies.  A member who is married is considered to have designated the member's spouse as the member's beneficiary unless the spouse consents, in a notarized writing delivered to the board, to the designation of another person as beneficiary.  If no designated beneficiary survives the member, the board shall pay the balance of the member's DROP account to the member's beneficiaries in the following order:
(1)  to the member's spouse;
(2)  if the member does not have a spouse, to each natural or adopted child of the member, or to the guardian of the child if the child is a minor or has a disability, in equal shares;
(3)  if the member does not have a spouse or any children, to each surviving parent of the member in equal shares; or
(4)  if the member has no beneficiaries described by Subdivisions (1), (2), and (3) of this subsection, to the estate of the member.
(b)  If a member names a spouse as a beneficiary and is subsequently divorced from that spouse, the divorce voids the designation of the divorced spouse as the member's beneficiary.  A designation of a divorced spouse will cause the board to pay any balance remaining in the member's DROP account in the order prescribed by Subsection (a) of this section.
(c)  The surviving spouse may designate a beneficiary on a form prescribed by the pension system to receive the balance of the DROP account owed but not received before the surviving spouse's death.
(d)  Payment of the balance of the member's DROP account made in accordance with this section on behalf of a minor or other person under a legal disability fully discharges the pension system's obligation to that person.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 18. Employment by Another Department

Sec. 18. EMPLOYMENT BY ANOTHER DEPARTMENT.    (a)  Except as provided by this section:
(1)  credit may not be allowed to any person for service with any department in the city other than the police department;
(2)  a person's service will be computed from the date of entry into the service of the police department as a classified police officer until the date of separation from service with the police department; and
(3)  a member who received service credit for service with any department in the city other than the police department and who is receiving a monthly pension benefit or who began participation in DROP before the year 2017 effective date shall continue to have the service credit apply.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 320 (S.B. 2190), Sec. 2.32, eff. July 1, 2017.
(c)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 320 (S.B. 2190), Sec. 2.32, eff. July 1, 2017.
(d) Classified police officers who were formerly employed by a city as park police, airport police, or marshals, who were involuntarily transferred from another city department to the police department of the city, and who are current active members of the pension system shall have the option to receive credit with the pension system for previous service with another pension system of the city, provided that a person may not receive service credit for both pension systems for the same period of service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 19. Persons Rejoining or Transferred by City; Service Credit; Double Benefits; Return to Service

Sec. 19. PERSONS REJOINING OR TRANSFERRED BY CITY;  SERVICE CREDIT;  DOUBLE BENEFITS;  RETURN TO SERVICE.    (a)  An employee of the city who has retired under this article or under former law governing the pension system and is or has been transferred by action of the city to a classified position in a police department included in the pension system again becomes an active member of the pension system as of the effective date of the transfer.
(b)  A person who rejoins the pension system under this section is eligible to receive service credit for each day of service and work performed by the person in a classified position in the police department, except for any period during which the person is a DROP participant.  The board shall add service earned after the transfer to the prior service the active member accrued in a classified position in the police department.  However, the active member may not receive service credit under this article, except to the extent provided by Section 18, for service performed for the city other than in a classified position in the police department.
(c) After a transfer described by this section, contributions of the city and the active member become payable as for other active members of the pension system.
(d)  When a member who has transferred as described by this section subsequently retires, the retired member is eligible for a pension computed on the basis of the combined service described by Subsection (b) of this section, after deducting any period in which the member was suspended from duty without pay, on leave of absence without pay, separated from service, or employed by the city in a capacity other than in a classified position in the police department.
(e) If a retired member receives both pension benefits from the pension system and a salary from a classified position in the police department that cover the same period, the retired member shall repay to the pension system the pension benefits received during that period.  The board shall withhold payment of pension benefits under this article if it is determined that a retired member is receiving both pension benefits from the fund and a salary from the police department that cover the same period.  On request of the board, the city attorney or a private attorney chosen by the board shall file suit in a court of competent jurisdiction to recover pension benefits owed to the pension system under this subsection.
(f) This article does not authorize the return to service with a police department or the resumption of active membership in the pension system by a retired member except as specifically provided by Section 13 or 14 of this article or this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 20. Donations

Sec. 20. DONATIONS.  The pension system may accept gifts and donations, and the gifts and donations shall be added to the fund for the use of the pension system, including, but not limited to, for use for education programs and the related administrative expenses of the programs.