reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 31A. Authority of Certain Retirement Systems to Exclude Certain Persons From Coverage

Sec. 31A.  AUTHORITY OF CERTAIN RETIREMENT SYSTEMS TO EXCLUDE CERTAIN PERSONS FROM COVERAGE.  (a)  In this section, "closure effective date" means the first day of the second month after the month in which the Texas Municipal Retirement System receives retirement system plan documents under Subsection (f)(2) of this section.
(b)  This section applies only to a municipality:
(1)  with a population of less than 200,000;
(2)  that is located in a county with a population of not less than 2.5 million and not more than 4 million;
(3)  that has a regularly organized fire department for which a retirement system and fund have been established under Section 4 of this Act; and
(4)  that before January 1, 2017, has one or more departments participating in the Texas Municipal Retirement System.
(c)  Subject to the requirements of this section, the governing body of a municipality subject to this section may adopt one or more ordinances to exclude from participation in the retirement system employees of the fire department first hired on or after the closure effective date.
(d)  If the governing body of a municipality adopts an ordinance under Subsection (c) of this section, the governing body shall concurrently adopt an ordinance to allow the employees described by the ordinance to participate in the Texas Municipal Retirement System.
(e)  Not later than the 60th day after the date an ordinance is adopted under Subsection (c) of this section, the municipality shall submit the ordinance to an election of the participating members of the retirement system established in the municipality. To be approved at the election, a majority of the participating members must vote in favor of the ordinance.
(f)  If the voting members approve an ordinance under Subsection (e) of this section, as soon as practicable after the date of the election:
(1)  the board of trustees of the retirement system shall amend the retirement system plan documents as necessary to be consistent with the approved ordinance; and
(2)  the municipality shall give written notice of the results of the election to the Texas Municipal Retirement System and include copies of the relevant ordinances and any amended retirement system plan documents.
(g)  If a municipality adopts ordinances under Subsections (c) and (d) of this section, all subsequent actions authorized or required by this section must be completed before October 1, 2018.  If all subsequent actions are not completed before October 1, 2018:
(1)  as soon as practicable after that date, the Texas Municipal Retirement System shall publish notice to that effect in the Texas Register; and
(2)  Section 851.0011, Government Code, this section, and the ordinances adopted under Subsections (c) and (d) of this section expire on October 1, 2018.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 1. General Provisions › Section 1.01. Applicability

Sec. 1.01.  APPLICABILITY.  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 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 1. General Provisions › Section 1.02. Definitions

Sec. 1.02. DEFINITIONS.  In this Act:
(1) "Accumulated contributions" means all sums of money, including interest, in the individual account of a member or former firefighter, as shown on the books and records of the fund.
(2) "Actuarial equivalent" means a benefit that, at the time that it begins being paid, has the same present value as the benefit it replaces, based on the recommendations of the actuary.
(3) "Board of trustees" means the board of firefighters relief and retirement fund trustees of the fund existing pursuant to this Act.
(4) "Board's actuary" means the actuary employed under Section 12.03 of this Act.
(5) "Compensation" means a firefighter's monthly salary, excluding overtime pay, any temporary pay in higher classifications, educational incentive pay, assignment pay, Christmas Day bonus pay, and pay for automobile and clothing allowances.
(6) "Dependent child" or "dependent children" means a deceased member's unmarried children under the age of 22, other than a child who has been determined by the board of trustees not to have been dependent on the deceased member.
(7) "Fire department" means a regularly organized fire department of a city to which this Act applies.
(8) "Firefighter" means a commissioned civil service and Texas state-certified member of a fire department.
(9) "Fund" means the firefighters relief and retirement fund existing pursuant to this Act.
(10) "Internal Revenue Code" means the Internal Revenue Code of 1986.
(11) "Member" means any firefighter or retiree included in a fund under this Act.
(12) "Retiree" means a person who has retired under Article 5 or 6 of this Act and is receiving or is entitled to receive an annuity from the fund.
(13)  "Spouse" means an individual to whom a member is legally married under Subtitle A, Title 1, Family Code, or a comparable law of another jurisdiction, provided that, in the case of an informal marriage in this state, the marriage must be evidenced by a declaration of informal marriage recorded in accordance with Subchapter E, Chapter 2, Family Code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 1. General Provisions › Section 1.03. Continued Existence

Sec. 1.03. CONTINUED EXISTENCE.  A firefighters relief and retirement fund is continued in existence in each municipality to which this Act applies.  The name of the fund shall be the name of the municipality, followed by the words "firefighters relief and retirement fund."
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 1. General Provisions › Section 1.04. Exemption From Execution

Sec. 1.04. EXEMPTION FROM EXECUTION.  All retirement annuity payments, other benefit payments, and a member's accumulated contributions are unassignable and are exempt from execution, garnishment, attachment, and state and local taxation.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 1. General Provisions › Section 1.05. Agreement May Not Supersede This Act

Sec. 1.05. AGREEMENT MAY NOT SUPERSEDE THIS ACT.  Notwithstanding Section 143.307, Local Government Code, an agreement between a public employer and an association under Subchapter I, Chapter 143, Local Government Code, may not supersede or preempt any provision of this Act and may not increase, diminish, or qualify any right, benefit, privilege, or obligation under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.01. Responsibility

Sec. 2.01. RESPONSIBILITY.  Each fund established under this Act is a trust.  The board of trustees is responsible for the administration of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.02. Composition of Board

Sec. 2.02. COMPOSITION OF BOARD.  The board of trustees is composed of:
(1) the mayor of the municipality;
(2) the city treasurer or, if there is no treasurer, the person who by law, charter provision, or ordinance performs the duty of city treasurer;  and
(3) three members of the fund to be selected by vote of the firefighters and retirees in the manner provided by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.03. Elected Members of Board

Sec. 2.03. ELECTED MEMBERS OF BOARD.    (a)  The elected members of the board of trustees shall be elected and hold office in accordance with this section.
(b)  Between November 1 of each year and the first Monday in January of the following year, the board of trustees shall hold an election to elect one member of the board of trustees.  If only one firefighter or retiree is nominated for a position under Subsection (c) of this section, instead of holding an election, the board of trustees may appoint the sole nominated candidate at the first board meeting in January.  The board shall adopt procedures for the appointment of a sole nominated candidate under this subsection.  A board member appointed under this subsection is considered elected for purposes of this Act.
(c)  Each election is by secret written ballot on a date the board of trustees determines.  Only persons who have been nominated may be listed on the written ballot.  Nominations may be made in person, by mail, or by telephone to the office of the fund and must be received between September 1 and September 15.
(d) The board of trustees shall certify the results of each election.  A newly elected board member takes office at the first board meeting in January.
(e) The elected members of the board of trustees hold office for staggered terms of three years, with the term of one trustee expiring each year.  Elected members of the board of trustees shall serve during the term for which they are elected and until their successors are elected and have qualified, unless a vacancy results because of death, resignation, or removal.
(f) A vacancy in the position of an elected member of the board of trustees shall be filled for the remainder of that person's term at an election to be held on a date selected by the board of trustees that must be within 60 days after the date of the event that caused the vacancy.
(g) The firefighter or retiree receiving the highest number of votes cast in an election under this section is elected, except that if no person receives a majority of the votes cast, a runoff election shall be held between the two persons receiving the highest number of votes.  A runoff election is held on a date determined by the board of trustees, and the person receiving the higher number of votes in the runoff election is elected.
(h) The administrative expenses of an election under this section may be paid from the assets of the fund.  Assets of the fund may not be used to pay campaign expenses incurred by or for a member.  Administrative office supplies and equipment belonging to the fund may not be used to assist any candidate or person seeking to assist a candidate for a position on the board of trustees.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.05. Officers

Sec. 2.05. OFFICERS.  The mayor is the presiding officer and the city treasurer is the secretary-treasurer of the board of trustees.  The board shall elect annually from its membership an alternate presiding officer who shall preside in the absence or disability of the mayor.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.06. Quorum and Voting

Sec. 2.06. QUORUM AND VOTING.  Each member of the board of trustees is entitled to one vote.  A majority vote of members of the board of trustees attending a meeting at which a quorum is present is necessary for a decision of the board.  A resolution or order of the board of trustees must be made by a vote recorded in the minutes of its proceedings.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.07. Meetings; Minutes

Sec. 2.07. MEETINGS;  MINUTES.  The board of trustees shall hold regular monthly meetings at a time and place that it designates and may hold special meetings on the call of the presiding officer or alternate presiding officer.  The board of trustees shall keep accurate minutes of its meetings and records of its proceedings.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.08. Administration of Funds

Sec. 2.08. ADMINISTRATION OF FUNDS.  The board of trustees shall:
(1) keep separate from all other municipal funds all money and other assets it receives for the benefit of the fund;
(2) keep a record of all claims, receipts, and disbursements and make disbursements only on vouchers signed by such persons as the board of trustees designates by resolution;  and
(3) publish annually a report containing a balance sheet showing the financial and actuarial condition of the fund, a statement showing receipts and disbursements during the year covered by the report, and such additional matters as may be determined appropriate by the board of trustees.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.09. Determination by Board

Sec. 2.09. DETERMINATION BY BOARD.  The board of trustees is authorized to hear and determine all matters regarding:
(1) eligibility of any person to participate in a fund under this Act;
(2) eligibility of any person to receive a service, disability, or survivor's benefit and the amount of that benefit;  and
(3) whether a child or a parent of a deceased member was dependent on the member for financial support.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.10. Testimony

Sec. 2.10. TESTIMONY.  The board of trustees may compel witnesses to attend and testify before it regarding all matters related to the fund in the same manner as is provided for taking of testimony before notaries public, and its presiding officer and alternate presiding officer have the authority to administer oaths to witnesses.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.11. Rulemaking

Sec. 2.11.  RULEMAKING.  The board of trustees shall adopt rules and perform reasonable activities it considers necessary or desirable for the efficient administration of the fund and to maintain the qualified status of the fund under Section 401(a) of the Internal Revenue Code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.12. Gift, Grant, or Bequest

Sec. 2.12. GIFT, GRANT, OR BEQUEST.  The board of trustees may accept for the use and benefit of the fund a gift, grant, or bequest of money or securities from any source.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 2. Administration › Section 2.13. Confidentiality of Information About Members, Retirees, Annuitants, or Beneficiaries

Sec. 2.13.  CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS, RETIREES, ANNUITANTS, OR BENEFICIARIES.  (a)  Information contained in records in the custody of the fund 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, conservator, or other person who the administrator of the fund 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 fund 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 fund;
(C)  a governmental official or employee after the administrator of the fund determines that disclosure of the information requested 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 fund 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 fund.
(c)  A determination and disclosure under Subsection (a) may be made without notice to the individual member, retiree, annuitant, or beneficiary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 3. Membership › Section 3.01. General Requirement

Sec. 3.01. GENERAL REQUIREMENT.  A person who begins service as a firefighter in a municipality to which this Act applies and who is not ineligible for membership in the fund becomes a member of the fund as a condition of that person's appointment.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 3. Membership › Section 3.02. Appointment to Chief

Sec. 3.02. APPOINTMENT TO CHIEF.  A firefighter who is a member of the fund continues to be a member if the firefighter is appointed to the rank of chief or the rank immediately below chief.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 3. Membership › Section 3.03. Termination of Membership

Sec. 3.03. TERMINATION OF MEMBERSHIP.  A person ceases to be a member of the fund on the earlier of the date of:
(1) death;  or
(2) refund or escheat of the person's contributions while absent from service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 4. Service Credit › Section 4.01. General Provision

Sec. 4.01. GENERAL PROVISION.  One month of service credit is earned in the fund for each month in which a member of the fund makes a contribution required under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 4. Service Credit › Section 4.02. Military Service

Sec. 4.02. MILITARY SERVICE.  A member of the fund retains all accumulated service credit and is allowed service credit for each month during which the member leaves employment with the fire department and performs active duty service in the armed forces or the armed forces reserves of the United States or their auxiliaries, except that:
(1) the military service credit may not be for more than five years and the person must return to service with the fire department not later than the 180th day after the date of discharge or release from military service or from hospitalization continuing after discharge for a period of not more than one year;
(2) the member must leave the member's contributions in the fund during the period of absence;  and
(3) the member must file a written application with the fund for the military service credit, accompanied by satisfactory proof of the member's military service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 4. Service Credit › Section 4.03. Former Service

Sec. 4.03. FORMER SERVICE.  A member of the fund who is absent from service with the fire department for reasons other than military service retains all accumulated service credit for the member's former service with the fire department, but receives no credit for the period of absence, if:
(1) the length of the absence is less than five years;  and
(2) the member leaves the member's contributions in the fund during the absence.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 4. Service Credit › Section 4.04. Other Absence

Sec. 4.04. OTHER ABSENCE.  If a member of the fund who has less than 10 years of service credit in the fund is absent from service with the fire department for at least five years for any reason other than as provided by Section 4.02 of this Act, the fund shall refund the member's accumulated contributions and cancel the person's credited service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 4. Service Credit › Section 4.05. Periods of Disability

Sec. 4.05. PERIODS OF DISABILITY.  A firefighter may not be granted service credit for time during which the person receives a disability benefit from the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.01. Normal Service Retirement Eligibility

Sec. 5.01. NORMAL SERVICE RETIREMENT ELIGIBILITY.  A member is eligible to retire and receive a normal service retirement annuity if the member:
(1) has attained the age of 50 years and has at least 10 years of service credit in the fund;  or
(2) has at least 25 years of service credit, regardless of age.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.02. Continued Service

Sec. 5.02. CONTINUED SERVICE.  A member who continues to serve actively in the fire department after the date the member becomes eligible to retire shall continue to make contributions to the fund and accrue service credit until the date of actual retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.03. Determination of Average Monthly Salary

Sec. 5.03. DETERMINATION OF AVERAGE MONTHLY SALARY.  A member's average monthly salary is computed as the average of the member's compensation for the 36 months of highest compensation during the member's credited service.  If a person has less than 36 months of credited service, the average monthly salary is computed, as if the member had been employed by the fire department for 36 months, by attributing to a period that is immediately before the member's employment and that is equal to the difference between the number of months the member has been employed by the fire department and 36 months of compensation the member would have received at the rank the member held when the person became a member.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.04. Normal Service Retirement Benefit

Sec. 5.04. NORMAL SERVICE RETIREMENT BENEFIT.    (a)  The service retirement annuity of a person who retires under Section 5.01 of this Act on or after January 1, 1995, is a monthly payment that is equal to three percent of the member's average monthly compensation multiplied by the member's number of years of service credit and any fraction of a year of service credit.
(b)  The three percent factor used in this section may be changed to some other percent if the change:
(1)  is first approved by the board's actuary;
(2)  is approved by the board of trustees;
(3)  applies to one or any combination of the following groups:
(A)  firefighters who are employed on an active, full-time basis in the fire department at the time of the change;
(B)  firefighters who begin service with the fire department after the change becomes effective;  and
(C)  members who retire under Section 5.06 of this Act after the change becomes effective; and
(4)  does not reduce a member's benefit for service credit accumulated before the date of the change.
(b-1)  In determining whether to approve an increase in the factor under Subsection (b) of this section, the board's actuary shall take into consideration whether the fund has reserves sufficient to enable the payment of a cost-of-living adjustment under Section 9.04(a) of this Act to all current members and survivors at a level that is equal to the average percentage increase in the Consumer Price Index for All Urban Consumers as determined by the United States Department of Labor for the 10 annual periods preceding the proposed effective date of the change.
(c) The service retirement annuity of a person who retired before January 1, 1995, is a monthly payment based on the benefit formula in effect at the time of the person's retirement, together with any increases for retirees approved by the board of trustees after the person's retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.05. Early Retirement

Sec. 5.05. EARLY RETIREMENT.    (a)  A member is eligible to retire and receive a normal service retirement annuity if the member, while serving as a firefighter in the fire department:
(1) has attained the age of 45 years and has at least 10 years of service credit in the fund;  or
(2) has at least 20 years of service credit, regardless of age.
(b) The retirement annuity of a person who retires under this section after September 1, 1997, is the same as for normal service retirement, but may not be increased under Section 9.04 of this Act until the person would have met the requirements of Section 5.01 of this Act if the person had remained in active service as a firefighter.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.06. Eligibility After 10 Years of Service

Sec. 5.06. ELIGIBILITY AFTER 10 YEARS OF SERVICE.    (a)  A member may terminate employment with the fire department and later retire and receive a service retirement benefit if, at the time of the member's retirement:
(1) the member has accumulated at least 10 years of service credit in the fund and made required contributions to the fund for at least 10 years;
(2) the member does not withdraw the member's contributions from the fund at the time of or after the termination of employment;  and
(3) the member has either attained 50 years of age or would have accumulated at least 25 years of service credit if the member had not terminated employment with the fire department.
(b) The retirement benefit payable to a member on retirement under this section is the service retirement benefit described by Section 5.04 of this Act, computed on the basis of the formula in effect at the time of the member's retirement under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 5. Service Retirement Benefits › Section 5.07. Withdrawal of Contributions

Sec. 5.07. WITHDRAWAL OF CONTRIBUTIONS.  A person who has terminated employment with the fire department and left the person's contributions with the fund under Section 5.06 of this Act may at any time apply for and receive the person's accumulated contributions under Section 9.06 of this Act, with the effect provided by that section.  If a person eligible for a refund of contributions elects to have all or a portion of the accumulated contributions paid directly to an eligible retirement plan and specifies the eligible retirement plan to which the contributions are to be paid on a form approved for that purpose by the fund, the fund shall make the payment in the form of a direct trustee-to-trustee transfer but is under no obligation to determine whether the other plan in fact is an eligible retirement plan for that purpose.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.01. Initial Eligibility for Disability Retirement

Sec. 6.01. INITIAL ELIGIBILITY FOR DISABILITY RETIREMENT.  A firefighter is eligible to retire and receive a disability retirement annuity if:
(1) application for retirement is made by the member or the member's legal representative or if the board of trustees determines that, although no application has been filed, retirement is for the good of the fire department;
(2) the medical board certifies that the member is unable to perform the duties of the member's occupation as a firefighter and sends the member's application to the board of trustees;  and
(3) the board of trustees approves the disability retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.02. No Requirement of On-the-Job Injury

Sec. 6.02. NO REQUIREMENT OF ON-THE-JOB INJURY.  To qualify for disability retirement, a person's disability does not have to be incurred in connection with the person's performance of duties as a firefighter and may be incurred while employed by some person or entity other than the fire department.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.03. Amount of Disability Benefit

Sec. 6.03. AMOUNT OF DISABILITY BENEFIT.  Subject to adjustment under Section 6.05 of this Act, the disability retirement benefit payable to a member is the normal service retirement benefit described by Section 5.04 of this Act, but not less than the member would have received after 20 years of service credit.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.04. Termination During First 2-1/2 Years

Sec. 6.04. TERMINATION DURING FIRST 2-1/2 YEARS.  If, during the first 2-1/2 years of disability retirement, a retiree recovers to the extent that the person is able to perform the duties of the person's job as a firefighter, the board of trustees may terminate the retirement benefit and restore the person to active service at not less than the same rank the person held at the time of disability retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.05. Continuation After First 2-1/2 Years

Sec. 6.05. CONTINUATION AFTER FIRST 2-1/2 YEARS.  After a retiree has received disability retirement benefits from the fund for at least 2-1/2 years, the board of trustees from time to time may review the situation of the person to determine the status of the disability.  The board of trustees may ask the medical board for its opinion of the status of the disability.  If the board of trustees determines that the person has recovered to the extent that the person is able to be employed, the board of trustees may:
(1) continue to pay the full disability retirement benefit;
(2) pay a reduced disability retirement benefit in an amount commensurate with the person's disability as determined by the board;  or
(3) discontinue payment of a disability benefit.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.06. Application; Physician's Statement; Medical Board Action

Sec. 6.06. APPLICATION;  PHYSICIAN'S STATEMENT;  MEDICAL BOARD ACTION.    (a)  An application for disability retirement must be accompanied by a written statement, on a form approved by the board of trustees, signed by a physician of the member's choice.  The member shall pay any costs of or fees for obtaining the physician's statement and shall file the application and statement with the fund.  As soon as possible after the application is filed, the medical board shall evaluate the medical and other pertinent information concerning the member's application.
(b) The medical board may require any firefighter to obtain additional medical opinions before issuing a certificate that the member is unable, as a result of physical or mental disability, to perform the duties of the member's occupation as a firefighter.  The fund shall pay any costs or fees of examination by a person other than the member's own physician.
(c) A certificate from the medical board may include a finding by that board that the disability is likely to be temporary or is likely to be total and permanent.
(d) The board of trustees at any time may require a person receiving a disability retirement benefit under this Act to appear and undergo a medical examination by a physician selected by the board of trustees or the medical board for that purpose.  The result of the examination and report by that physician shall be considered by the board of trustees in determining whether the disability retirement benefit will be continued, increased, if less than the maximum provided by this Act, decreased, or discontinued.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.07. Evidence of Income of Disability Retiree

Sec. 6.07. EVIDENCE OF INCOME OF DISABILITY RETIREE.  The board of trustees may require a person receiving disability retirement benefits under this Act to provide evidence of annual income.  The board of trustees may consider the evidence in any determination of ability to be employed.  The board of trustees may reduce or discontinue disability retirement benefit payments to a person who fails or refuses to produce information which the board of trustees has required under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.08. Reinstatement; Service Retirement Eligibility

Sec. 6.08. REINSTATEMENT;  SERVICE RETIREMENT ELIGIBILITY.    (a)  The board of trustees may reinstate any disability retirement benefit that previously has been terminated or reduced if the disabled firefighter's condition has worsened as a result of the same cause for which the person was previously granted disability retirement.
(b) If a person's disability retirement benefit is reduced or discontinued and the person is or subsequently becomes eligible for service retirement under other provisions of this Act, the person is entitled to the service retirement benefit on meeting all requirements for that benefit, reduced by the amount of any disability retirement benefit that the person continues to receive from the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 6. Disability Retirement Benefits › Section 6.09. No Benefits While Receiving Salary

Sec. 6.09. NO BENEFITS WHILE RECEIVING SALARY.  A person may not receive disability retirement benefits for any period during which the person receives full salary or compensation from the fire department, including payments received while on sick leave.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.01. Surviving Spouse of Firefighter

Sec. 7.01. SURVIVING SPOUSE OF FIREFIGHTER.  If a firefighter dies before retirement, the firefighter's surviving spouse is entitled to receive an immediate monthly benefit from the fund of 75 percent of the service retirement benefit that the firefighter would have received if the firefighter had retired on the date of death, but not less than 75 percent of the monthly payment the decedent would have received based on 20 years of service credit.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.02. Surviving Spouse of Retiree

Sec. 7.02.  SURVIVING SPOUSE OF RETIREE.  (a)  On the death of a retiree, the retiree's surviving spouse is entitled to receive an immediate monthly benefit from the fund of 75 percent of the retirement benefit that was being paid to the retiree if the spouse:
(1)  was married to the retiree at the time of the retiree's retirement;  or
(2)  married the retiree after the retiree's retirement and was married to the retiree for at least 24 consecutive months.
(b)  For purposes of Subsection (a)(1) of this section, with respect to an informal marriage established in this state, a surviving spouse is considered married to a retiree as of the date a declaration of informal marriage was recorded in accordance with Subchapter E, Chapter 2, Family Code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.03. Surviving Spouse of Former Firefighter

Sec. 7.03. SURVIVING SPOUSE OF FORMER FIREFIGHTER.    (a)  An immediate monthly benefit is payable to the surviving spouse of a former firefighter who:
(1) before termination of employment with the fire department had accumulated at least 10 years of service credit in the fund and had made required contributions to the fund for a period of at least 10 years;  and
(2) did not withdraw the member's contributions from the fund at the time of or after the termination of employment.
(b) If the former firefighter died before attaining 50 years of age, the benefit is payable only if the spouse was married to the former firefighter on the date of the former firefighter's termination of employment with the fire department.
(c) If the former firefighter died after attaining 50 years of age, the benefit is payable only if the spouse was married to the former firefighter when the member attained 50 years of age.
(d) The amount of the benefit payable under this section is 75 percent of the retirement benefit the former firefighter either was receiving or was entitled to receive at age 50.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.04. Duration of Spouse's Benefit

Sec. 7.04. DURATION OF SPOUSE'S BENEFIT.  The benefit payable to a surviving spouse is payable throughout the surviving spouse's remaining lifetime.  A surviving spouse whose benefit was terminated under this section as it existed before September 1, 1997, is entitled to receive a benefit beginning on the date the surviving spouse files an application for resumption of benefits with the board of trustees, but is not entitled to receive a benefit for the period in which the benefit was terminated under the former law.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.05. Surviving Children's Benefit

Sec. 7.05. SURVIVING CHILDREN'S BENEFIT.    (a)  On the death of a member, if there is no surviving spouse, a benefit is payable to the decedent's surviving dependent children, if any.  The total monthly benefit payable under this subsection is 75 percent of the monthly payment that the decedent would have received under the service retirement benefit described by Section 5.04 of this Act, but not less than 75 percent of the monthly payment the decedent would have received based on 20 years of service credit.  If there is more than one dependent child of the decedent, each dependent child is entitled to receive an equal share of the total monthly payment under this subsection.
(b) On the death of a member under this Act, if there is a surviving spouse, a benefit is payable to each of the decedent's surviving dependent children, if any.  The monthly amount of the benefit payable to each child is 15 percent of the monthly payment that the decedent would have received under the service retirement benefit described by Section 5.04 of this Act, but not less than 15 percent of the monthly payment the decedent would have received based on 20 years of service credit.  If the decedent left more than five surviving dependent children, the monthly benefit payable to each dependent child shall be reduced so that the total monthly benefit payable under this subsection does not exceed the total monthly benefit that would have been payable if the decedent had left no surviving spouse.
(c) Payments by the fund to a dependent child under this section shall cease on the earliest of the date of the child's death, marriage, or attainment of age 22.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.06. Payments to Dependent Parents

Sec. 7.06. PAYMENTS TO DEPENDENT PARENTS.  If a deceased member leaves no surviving spouse, no surviving designated beneficiary, and no surviving children entitled to receive a benefit under this Act but is survived by one or more dependent parents, the dependent parent, or one of the surviving parents designated by the board of trustees, is entitled to receive a monthly benefit payment equal to the monthly amount that would have been payable to a surviving spouse of the deceased.  All payments under this section cease on the death of the surviving dependent parent.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.07. Increase in Survivors' Benefits

Sec. 7.07. INCREASE IN SURVIVORS' BENEFITS.  On the affirmative vote of a majority of the members of the board of trustees either or both of the following actions may be taken:
(1) benefits to dependent children may be increased to an amount not to exceed the amount recommended by the board's actuary;  or
(2) benefits to surviving spouses may be increased to an amount not to exceed the maximum approved by the actuary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.08. Person Causing Death of Member or Beneficiary

Sec. 7.08. PERSON CAUSING DEATH OF MEMBER OR BENEFICIARY.    (a)  A benefit payable on the death of a member or beneficiary may not be paid to a person convicted of causing that death, but instead a benefit is payable as provided by Subsection (c) of this section to a person who would be entitled to the benefit had the convicted person predeceased the decedent.  If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.
(b) The fund is not required to pay a benefit under Subsection (a) of this section unless it receives actual notice of the conviction of the person who would have been entitled to the benefits.  However, the fund may delay payment of a benefit payable on the death of a member pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
(c) The benefit payable under Subsection (a) of this section is a refund of the member's accumulated contributions and interest, reduced by any annuity payments that may have been made as a result of the member's retirement.
(d) For the purposes of this section, a person has been convicted of causing the death of a member or beneficiary if the person:
(1) has pleaded guilty or nolo contendere to or has been found guilty by a court of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of the person who was the member or beneficiary, regardless of whether sentence is imposed or probated;  and
(2) has no appeal of the conviction pending and the time provided for appeal has expired.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.1. Firefighters Relief and Retirement Fund in Cities of 450,000 to 500,000 › Article 7. Survivor's Benefits › Section 7.09. Surviving Beneficiary of Certain Unmarried Members

Sec. 7.09. SURVIVING BENEFICIARY OF CERTAIN UNMARRIED MEMBERS.    (a)  On the death of a retiree or of a member who is eligible for retirement but has not retired, a benefit is payable under this section if:
(1) the retiree or member designated a beneficiary to receive the benefit payable under this section on a form filed with the fund;  and
(2) this Act does not otherwise provide a benefit payable to a surviving spouse or child of the member or retiree.
(b) The benefit payable under this section is an immediate monthly benefit from the fund of 75 percent of the amount of the:
(1) retirement benefit that was being paid to the retiree;  or
(2) normal service retirement benefit that the member would have received if the member had retired on the date of death.
(c) If the designated beneficiary of a retiree or member is 10 or more years younger than the retiree or member at the time of the retiree's or member's death, the amount of the benefit payable under Subsection (b) of this section shall be reduced to the actuarial equivalent of the benefit that would have been payable if the beneficiary and the retiree or member were the same age.
(d)  The board of trustees may adopt rules to establish procedures for and requirements governing a member's designation of a beneficiary under this section.