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 5A. Post-Retirement Option Plan

Sec. 5A.  POST-RETIREMENT OPTION PLAN.  (a)  The following persons may elect to participate in the post-retirement option plan provided by this section:
(1)  a member who terminates active service after participating in the DROP and who is eligible to receive a service pension or other taxable benefits under Section 5 of this article;
(2)  a retired member, whether or not that member was a DROP participant, who is eligible to receive a service pension or other taxable benefits under Section 4 of this article; or
(3)  a surviving spouse of a member who elects and is eligible to participate in the PROP under Subsection (f) of this section.
(b)  A PROP participant may elect to have all or part of the amount that the participant would otherwise receive as a monthly service pension or other taxable benefits under this article, less any amount the board determines is required to pay the participant's share of group medical insurance costs, credited to the participant's PROP account.  The participant's PROP account shall be credited with hypothetical earnings in the same manner as the amounts in a member's DROP account under Section 5(d) of this article.  At any time, a PROP participant may stop the amounts being credited to the participant's PROP account and elect to resume receiving the participant's monthly service pension or other taxable benefits under this article.
(c)  A member or surviving spouse who elects to participate in the PROP shall comply with the PROP election process established by the board.
(d)  Subject to rules and procedures adopted by the board, a PROP participant may elect to receive partial payments from the participant's PROP account in an amount determined by the participant.  The board may establish rules and procedures concerning partial payments, including limitations on timing and frequency of those payments.  A PROP participant who elects partial payments may, at any time, elect to receive the PROP participant's entire remaining PROP account balance in a single lump-sum payment.  If, at any time after the initial credit to the PROP account, a participant's PROP account balance becomes zero, the account closes and the participant's participation in the PROP ceases.  A person whose PROP account has been closed because of a zero balance is not eligible to again participate in the PROP.
(e)  An election by a member or surviving spouse to receive a single lump-sum payment or partial payments under Subsection (d) of this section must satisfy the requirements of Section 401(a)(9) of the code.  All distributions and changes in the form of distribution must be made in a manner and at a time that comply with that section of the code.
(f)  The board by rule or policy may permit a member's surviving spouse to elect to participate in the PROP by choosing either or both of the following options:
(1)  continuing a deceased member's PROP account; or
(2)  establishing a PROP account in which to receive credits from all or part of the surviving spouse's survivor benefits.
(g)  A surviving spouse PROP participant and the participant's PROP account are subject to this section and any additional rules the board may adopt relating to PROP accounts and participants generally or to surviving spouse PROP accounts and participants particularly.  The board may, by rule, further restrict or define, through the establishment of reasonable categories, who is a surviving spouse of a member for purposes of this section.
(h)  If a member who is a PROP participant dies before complete distribution of the participant's PROP account has been made, the participant's PROP account balance shall be distributed in the same manner as a DROP account balance is distributed under Sections 5(j), (j-1), and (k) of this article, except for amounts subject to a surviving spouse's election under Subsection (f) of this section that results in the nondistribution from the plan of all or part of the deceased participant's PROP account.
(i)  Only benefits that are taxable under the code may be credited to a PROP account.  Nontaxable disability benefits or other nontaxable benefits, including the nontaxable part of any benefit, may not be credited to a PROP account.
(j)  The board may set a date after which additional members or surviving spouses will not be allowed to elect to participate in the PROP.
(k)  The board may set a date after which the crediting of additional benefits of a member or a surviving spouse to a PROP account is not allowed.
(l)  The board by rule or policy may limit the number of distribution transactions for all PROP participants or for any category of PROP participants.
(m)  The board by rule or policy may establish a minimum dollar amount allowed for crediting of benefit amounts to a PROP account.
(n)  The board may adopt rules, policies, or procedures that the board determines are necessary or desirable to implement or administer this section.
(o)  Notwithstanding any other provision of this article, on or after the year 2017 effective date:
(1)  a PROP participant may not have any additional amounts that the participant would otherwise receive as a monthly service pension or other benefits under this article credited to the participant's PROP account; and
(2)  a person, including a member or surviving spouse, may not elect to participate in the PROP.