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 13F. Municipal Contribution Rate When Estimated Municipal Contribution Rate Equal to or Greater Than Corridor Midpoint; Authorization for Certain Adjustments

Sec. 13F.  MUNICIPAL CONTRIBUTION RATE WHEN ESTIMATED MUNICIPAL CONTRIBUTION RATE EQUAL TO OR GREATER THAN CORRIDOR MIDPOINT; AUTHORIZATION FOR CERTAIN ADJUSTMENTS.  (a)  This section governs the determination of the municipal contribution rate in a fiscal year when the estimated municipal contribution rate is equal to or greater than the corridor midpoint.
(b)  If the estimated municipal contribution rate is:
(1)  less than or equal to the maximum contribution rate for the corresponding fiscal year, the estimated municipal contribution rate is the municipal contribution rate; or
(2)  except as provided by Subsection (d) or (e) of this section, greater than the maximum contribution rate for the corresponding fiscal year, the municipal contribution rate equals the corridor midpoint achieved in accordance with Subsection (c) of this section.
(c)  For purposes of Subsection (b)(2) of this section, the following adjustments shall be applied sequentially to the extent required to decrease the estimated municipal contribution rate to equal the corridor midpoint:
(1)  first, if the payoff year of the legacy liability was accelerated under Section 13E(c) of this article, extend the payoff year of existing liability loss layers, by extending the most recent loss layers first, to a payoff year not later than 30 years from the first day of the fiscal year beginning 12 months after the date of the risk sharing valuation study in which the liability loss layer is first recognized; and
(2)  second, adjust the actuarial value of assets to the current market value of assets, if making the adjustment causes the municipal contribution rate to decrease.
(d)  If the municipal contribution rate after adjustment under Subsection (c) of this section is greater than the third quarter line rate:
(1)  the municipal contribution rate equals the third quarter line rate; and
(2)  to the extent necessary to comply with Subdivision (1) of this subsection, the municipality and the board shall enter into a written agreement to increase member contributions and make other benefit or plan changes not otherwise prohibited by applicable federal law or regulations.
(e)  If an agreement under Subsection (d)(2) of this section is not reached on or before April 30 before the first day of the next fiscal year, before the start of the next fiscal year to which the municipal contribution rate would apply, the board, to the extent necessary to set the municipal contribution rate equal to the third quarter line rate, shall:
(1)  increase member contributions and decrease cost-of-living adjustments;
(2)  increase the normal retirement age; or
(3)  take any combination of actions authorized under Subdivisions (1) and (2) of this subsection.
(f)  If the municipal contribution rate remains greater than the corridor midpoint in the third fiscal year after adjustments are made in accordance with Subsection (d)(2) of this section, in that fiscal year the municipal contribution rate equals the corridor midpoint achieved in accordance with Subsection (g) of this section.
(g)  The municipal contribution rate must be set at the corridor midpoint under Subsection (f) of this section by:
(1)  in the risk sharing valuation study for the third fiscal year described by Subsection (f) of this section, adjusting the actuarial value of assets to equal the current market value of assets, if making the adjustment causes the municipal contribution rate to decrease; and
(2)  under a written agreement entered into between the municipality and the board:
(A)  increasing member contributions; and
(B)  making any other benefit or plan changes not otherwise prohibited by applicable federal law or regulations.
(h)  If an agreement under Subsection (g)(2) of this section is not reached on or before April 30 before the first day of the next fiscal year, before the start of the next fiscal year, the board, to the extent necessary to set the municipal contribution rate equal to the corridor midpoint, shall:
(1)  increase member contributions and decrease cost-of-living adjustments;
(2)  increase the normal retirement age; or
(3)  take any combination of actions authorized under Subdivisions (1) and (2) of this subsection.