reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter B. Duties Regarding Investments › Section 809.053. Actions Relating to Listed Financial Company

Sec. 809.053.  ACTIONS RELATING TO LISTED FINANCIAL COMPANY.  (a)  For each listed financial company identified under Section 809.052, the state governmental entity shall send a written notice:
(1)  informing the financial company of its status as a listed financial company;
(2)  warning the financial company that it may become subject to divestment by state governmental entities after the expiration of the period described by Subsection (b); and
(3)  offering the financial company the opportunity to clarify its activities related to companies described by Sections 809.001(1)(A) and (B).
(b)  Not later than the 90th day after the date the financial company receives notice under Subsection (a), the financial company must cease boycotting energy companies in order to avoid qualifying for divestment by state governmental entities.
(c)  If, during the time provided by Subsection (b), the financial company ceases boycotting energy companies, the comptroller shall remove the financial company from the list maintained under Section 809.051 and this chapter will no longer apply to the financial company unless it resumes boycotting energy companies.
(d)  If, after the time provided by Subsection (b) expires, the financial company continues to boycott energy companies, the state governmental entity shall sell, redeem, divest, or withdraw all publicly traded securities of the financial company, except securities described by Section 809.055, according to the schedule provided by Section 809.054.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter B. Duties Regarding Investments › Section 809.054. Divestment of Assets

Sec. 809.054.  DIVESTMENT OF ASSETS.  (a)  A state governmental entity required to sell, redeem, divest, or withdraw all publicly traded securities of a listed financial company shall comply with the following schedule:
(1)  at least 50 percent of those assets must be removed from the state governmental entity's assets under management not later than the 180th day after the date the financial company receives notice under Section 809.053 or Subsection (b) unless the state governmental entity determines, based on a good faith exercise of its fiduciary discretion and subject to Subdivision (2), that a later date is more prudent; and
(2)  100 percent of those assets must be removed from the state governmental entity's assets under management not later than the 360th day after the date the financial company receives notice under Section 809.053 or Subsection (b).
(b)  If a financial company that ceased boycotting energy companies after receiving notice under Section 809.053 resumes its boycott, the state governmental entity shall send a written notice to the financial company informing it that the state governmental entity will sell, redeem, divest, or withdraw all publicly traded securities of the financial company according to the schedule in Subsection (a).
(c)  Except as provided by Subsection (a), a state governmental entity may delay the schedule for divestment under that subsection only to the extent that the state governmental entity determines, in the state governmental entity's good faith judgment, and consistent with the entity's fiduciary duty, that divestment from listed financial companies will likely result in a loss in value or a benchmark deviation described by Section 809.056(a).  If a state governmental entity delays the schedule for divestment, the state governmental entity shall submit a report to the presiding officer of each house of the legislature and the attorney general stating the reasons and justification for the state governmental entity's delay in divestment from listed financial companies.  The report must include documentation supporting its determination that the divestment would result in a loss in value or a benchmark deviation described by Section 809.056(a), including objective numerical estimates.  The state governmental entity shall update the report every six months.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter B. Duties Regarding Investments › Section 809.055. Investments Exempted From Divestment

Sec. 809.055.  INVESTMENTS EXEMPTED FROM DIVESTMENT.  A state governmental entity is not required to divest from any indirect holdings in actively or passively managed investment funds or private equity funds.  The state governmental entity shall submit letters to the managers of each investment fund containing listed financial companies requesting that they remove those financial companies from the fund or create a similar actively or passively managed fund with indirect holdings devoid of listed financial companies.  If a manager creates a similar fund with substantially the same management fees and same level of investment risk and anticipated return, the state governmental entity may replace all applicable investments with investments in the similar fund in a time frame consistent with prudent fiduciary standards but not later than the 450th day after the date the fund is created.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter B. Duties Regarding Investments › Section 809.056. Authorized Investment in Listed Financial Companies

Sec. 809.056.  AUTHORIZED INVESTMENT IN LISTED FINANCIAL COMPANIES.  (a)  A state governmental entity may cease divesting from one or more listed financial companies only if clear and convincing evidence shows that:
(1)  the state governmental entity has suffered or will suffer a loss in the hypothetical value of all assets under management by the state governmental entity as a result of having to divest from listed financial companies under this chapter; or
(2)  an individual portfolio that uses a benchmark-aware strategy would be subject to an aggregate expected deviation from its benchmark as a result of having to divest from listed financial companies under this chapter.
(b)  A state governmental entity may cease divesting from a listed financial company as provided by this section only to the extent necessary to ensure that the state governmental entity does not suffer a loss in value or deviate from its benchmark as described by Subsection (a).
(c)  Before a state governmental entity may cease divesting from a listed financial company under this section, the state governmental entity must provide a written report to the comptroller, the presiding officer of each house of the legislature, and the attorney general setting forth the reason and justification, supported by clear and convincing evidence, for deciding to cease divestment or to remain invested in a listed financial company.
(d)  The state governmental entity shall update the report required by Subsection (c) semiannually, as applicable.
(e)  This section does not apply to reinvestment in a financial company that is no longer a listed financial company.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter B. Duties Regarding Investments › Section 809.057. Prohibited Investments

Sec. 809.057.  PROHIBITED INVESTMENTS.  Except as provided by Section 809.056, a state governmental entity may not acquire securities of a listed financial company.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter C. Report; Enforcement › Section 809.101. Report

Sec. 809.101.  REPORT.  Not later than January 5 of each year, each state governmental entity shall file a publicly available report with the presiding officer of each house of the legislature and the attorney general that:
(1)  identifies all securities sold, redeemed, divested, or withdrawn in compliance with Section 809.054;
(2)  identifies all prohibited investments under Section 809.057; and
(3)  summarizes any changes made under Section 809.055.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 809 - Prohibition on Investment in Financial Companies That Boycott Certain Energy Companies › Subchapter C. Report; Enforcement › Section 809.102. Enforcement

Sec. 809.102.  ENFORCEMENT.  The attorney general may bring any action necessary to enforce this chapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 529 (S.B. 13), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 810 - Miscellaneous Provisions › Section 810.002. Alternative Benefit Plan for Certain Municipalities

Sec. 810.002.  ALTERNATIVE BENEFIT PLAN FOR CERTAIN MUNICIPALITIES.  (a)  In this section, "alternative benefit plan" means a continuing, organized benefit plan, including a plan qualified under Section 401(a) of the Internal Revenue Code of 1986, of service retirement, disability retirement, or death benefits for officers or employees of a municipality.
(b)  This section applies only to a municipality subject to Article 6243a-1, Revised Statutes.
(c)  Notwithstanding any other law and subject to Subsection (f), the governing body of a municipality subject to this section may by ordinance:
(1)  establish an alternative benefit plan and determine the benefits, funding source and amount, and administration of the alternative benefit plan; and
(2)  require an employee first hired by the municipality on or after the date the alternative benefit plan is implemented to participate in the alternative benefit plan instead of participating in the pension system provided under Article 6243a-1, Revised Statutes.
(d)  Each active participant of an alternative benefit plan established under this section shall contribute to the plan an amount, if any, determined by the municipality.  The municipality shall contribute for each active participant in an alternative benefit plan established under Subsection (c) an amount determined by the municipality.
(e)  A municipality that establishes an alternative benefit plan under this section shall file all reports with the State Pension Review Board required by Chapter 802.
(f)  The governing body of a municipality may only establish an alternative benefit plan under this section if:
(1)  the qualified actuary of the pension system established under Article 6243a-1, Revised Statutes, determines that after establishment and implementation of the alternative benefit plan, the pension system would continue to comply with funding and amortization period requirements applicable to the pension system under Subchapter C, Chapter 802; and
(2)  the State Pension Review Board conducts a review of and validates the determination made under Subdivision (1).
Added by Acts 2017, 85th Leg., R.S., Ch. 318 (H.B. 3158), Sec. 1.51, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 810 - Miscellaneous Provisions › Section 810.006. Minimum Retirement Funding Requirements for Defunding Municipalities

Sec. 810.006.  MINIMUM RETIREMENT FUNDING REQUIREMENTS FOR DEFUNDING MUNICIPALITIES.  (a)  In this section:
(1)  "Defunding municipality" means a municipality that is considered to be a defunding municipality under Chapter 109, Local Government Code.
(2)  "Public retirement system" has the meaning assigned by Section 802.001.
(b)  This section applies only to a municipality that is:
(1)  an employer of active members of a public retirement system administering a defined benefit plan; and
(2)  a defunding municipality.
(c)  Notwithstanding any other law and as soon as practicable after the date the criminal justice division of the office of the governor issues a written determination under Section 109.003(2), Local Government Code, with respect to a municipality, the municipality  shall for the purpose of funding retirement benefits increase municipal contributions to a public retirement system in which its employees participate as members in a manner that ensures that the total amount the municipality and members contribute to the system for the fiscal year on which the determination is based is not less than the total amount the municipality and members of the system contributed to the system for the fiscal year immediately preceding the fiscal year on which the determination is based.
(d)  A municipality subject to this section shall increase contributions in the manner provided by Subsection (c) for each fiscal year for which the municipality is considered a defunding municipality.
Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 4.01, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.002. Purpose of Subtitle

Sec. 811.002.  PURPOSE OF SUBTITLE.  The purpose of this subtitle is to establish a program of benefits for members, retirees, and other beneficiaries of the retirement system and to establish rules for the management and operation of the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.003. Retirement System

Sec. 811.003.  RETIREMENT SYSTEM.  The retirement system is a public entity.  Except as provided by Section 815.304, the Employees Retirement System of Texas is the name by which all its business shall be transacted, all its funds invested, and all its cash, securities, and other property held.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., 2nd C.S., ch. 77, Sec. 1, eff. Oct. 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.004. Powers and Privileges

Sec. 811.004.  POWERS AND PRIVILEGES.  The retirement system has the powers, privileges, and immunities of a corporation, as well as the powers, privileges, and immunities conferred by this subtitle.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.005. Exemption From Execution

Sec. 811.005.  EXEMPTION FROM EXECUTION.  All retirement annuity payments, optional benefit payments, member contributions, money in the various retirement system funds, and rights accrued or accruing under this subtitle to any person are exempt from garnishment, attachment, state and local taxation, levies, sales, and any other process, and are unassignable except as provided by Section 813.103.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.006. Action Increasing Amortization Period

Sec. 811.006.  ACTION INCREASING AMORTIZATION PERIOD.  (a)  A rate of member or state contributions to or a rate of interest required for the establishment of credit in the retirement system may not be reduced or eliminated, a type of service may not be made creditable in the retirement system, a limit on the maximum permissible amount of a type of creditable service may not be removed or raised, a new monetary benefit payable by the retirement system may not be established, and the determination of the amount of a monetary benefit from the system may not be increased, if, as a result of the particular action, the time, as determined by an actuarial valuation, required to amortize the unfunded actuarial liabilities of the retirement system would be increased to a period that exceeds 30 years by one or more years.
(b)  If the amortization period for the unfunded actuarial liabilities of the retirement system exceeds 30 years by one or more years at the time an action described by Subsection (a) is proposed, the proposal may not be adopted if, as a result of the adoption, the amortization period would be increased, as determined by an actuarial valuation.
Added by Acts 1985, 69th Leg., ch. 228, Sec. 6, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.006 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.007. Immunity From Liability

Sec. 811.007.  IMMUNITY FROM LIABILITY.  The board of trustees, executive director, members of an advisory committee appointed by the board of trustees, and employees of the retirement system are not liable for any action taken or omission made or suffered by them in good faith in the performance of any duty in connection with any program or system administered by the retirement system.
Added by Acts 2003, 78th Leg., ch. 1111, Sec. 11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 48, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.008. Insurance

Sec. 811.008.  INSURANCE.  Notwithstanding any other law, the board of trustees may self-insure or purchase any insurance in amounts the board considers reasonable and prudent.
Added by Acts 2003, 78th Leg., ch. 1111, Sec. 11, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 48, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.009. Certain Contracts for Health Care Purposes; Review by Attorney General

Sec. 811.009.  CERTAIN CONTRACTS FOR HEALTH CARE PURPOSES; REVIEW BY ATTORNEY GENERAL.  (a)  This section applies to any contract with a contract amount of $250 million or more:
(1)  under which a person provides goods or services in connection with the provision of medical or health care services, coverage, or benefits; and
(2)  entered into by the person and the retirement system.
(b)  Notwithstanding any other law, before a contract described by Subsection (a) may be entered into by the retirement system, a representative of the office of the attorney general shall review the form and terms of the contract and may make recommendations to the retirement system for changes to the contract if the attorney general determines that the office of the attorney general has sufficient subject matter expertise and resources available to provide this service.
(c)  The retirement system must notify the office of the attorney general at the time the system initiates the planning phase of the contracting process.  A representative of the office of the attorney general or another attorney advising the agency under Subsection (d) may participate in negotiations or discussions with proposed contractors and may be physically present during those negotiations or discussions.
(d)  If the attorney general determines that the office of the attorney general does not have sufficient subject matter expertise or resources available to provide the services described by this section, the office of the attorney general may require the retirement system to enter into an interagency agreement or to obtain outside legal services under Section 402.0212 for the provision of services described by this section.
(e)  The retirement system shall provide to the office of the attorney general any information the office of the attorney general determines is necessary to administer this section.
Added by Acts 2005, 79th Leg., Ch. 1011 (H.B. 880), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.010. Venue

Sec. 811.010.  VENUE.  Subject to and without waiving the retirement system's sovereign immunity or the official immunity of the trustees, officers, and employees of the retirement system, the venue for any action by or against the retirement system, the trustees, officers, or employees of the retirement system, or an administering firm, carrier, or other governmental agency acting in cooperation with or on behalf of the retirement system is in Travis County.
Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.011. Statute of Limitations

Sec. 811.011.  STATUTE OF LIMITATIONS.  Subject to and without waiving the retirement system's sovereign immunity or the official immunity of the trustees, officers, and employees of the retirement system, unless specifically provided otherwise by another statute, the statute of limitations for a claim against the retirement system or a trustee, officer, or employee of the retirement system is two years.
Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 2, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter A. General Provisions › Section 811.012. Provision of Certain Information to Comptroller

Sec. 811.012.  PROVISION OF CERTAIN INFORMATION TO COMPTROLLER.  (a)  Not later than June 1, 2016, and once every five years after that date, the retirement system shall provide to the comptroller, for the purpose of assisting the comptroller in the identification of persons entitled to unclaimed property reported to the comptroller, the name, address, social security number, and date of birth of each member, retiree, and beneficiary from the retirement system's records.
(b)  Information provided to the comptroller under this section is confidential and may not be disclosed to the public.
(c)  The retirement system shall provide the information in the format prescribed by rule of the comptroller.
Redesignated from Government Code, Section 811.010 by Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 27.001(21), eff. September 1, 2011.
Redesignated and amended from Government Code, Section 811.010 by Acts 2011, 82nd Leg., R.S., Ch. 1249 (S.B. 1664), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter B. Penal Provisions › Section 811.101. Conversion of Funds; Fraud

Sec. 811.101.  CONVERSION OF FUNDS;  FRAUD.  (a)  A person commits an offense if the person knowingly or intentionally confiscates, misappropriates, or converts funds representing deductions from a member's salary either before or after the funds are received by the retirement system.
(b)  A person commits an offense if the person knowingly or intentionally makes a false statement or falsifies or permits to be falsified any record of the retirement system in an attempt to defraud the retirement system.
(c)  A member commits an offense if the member knowingly receives as a salary money that should have been deducted as provided by this subtitle from the member's salary.
(d)  A person commits an offense if the person knowingly or intentionally violates an applicable requirement of this subtitle other than one described by Subsection (a), (b), or (c).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 811 - General Provisions › Subchapter B. Penal Provisions › Section 811.102. Penalties

Sec. 811.102.  PENALTIES.  (a)  An offense under Section 811.101(a) or 811.101(b) is a felony punishable by imprisonment in the Texas Department of Criminal Justice for not less than one nor more than five years.
(b)  An offense under Section 811.101(c) is a misdemeanor punishable by a fine of not less than $100 nor more than $5,000.
(c)  An offense under Section 811.101(d) is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 21.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.082, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter A. Membership › Section 812.001. Membership Classes

Sec. 812.001.  MEMBERSHIP CLASSES.  The two classes of membership in the retirement system are the elected class and the employee class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter A. Membership › Section 812.002. Membership in Elected Class

Sec. 812.002.  MEMBERSHIP IN ELECTED CLASS.  (a)  Membership in the elected class of the retirement system is limited to:
(1)  persons who hold state offices that are normally filled by statewide election and that are not included in the coverage of the Judicial Retirement System of Texas Plan One or the Judicial Retirement System of Texas Plan Two;
(2)  members of the legislature;  and
(3)  district and criminal district attorneys, to the extent that they receive salaries from the state general revenue fund.
(b)  Membership in the elected class is optional.
(c)  An eligible person becomes a member of the elected class by filing a notice of intention to become a member with the board of trustees on a form prescribed by the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 4, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter A. Membership › Section 812.003. Membership in Employee Class

Sec. 812.003.  MEMBERSHIP IN EMPLOYEE CLASS.  (a)  Except as provided by Subsection (b), membership in the employee class of the retirement system includes all employees and appointed officers of every department, commission, board, agency, or institution of the state except:
(1)  independent contractors and their employees performing work for the state; and
(2)  persons disqualified from membership under Section 812.201.
(b)  An office or employment that is included in the coverage of the Teacher Retirement System of Texas, the Judicial Retirement System of Texas Plan One, or the Judicial Retirement System of Texas Plan Two or, except as provided by Section 9.01, Chapter 238 (S.B. 378), Acts of the 73rd Legislature, Regular Session, 1993, is with a university system or institution of higher education, as defined by Section 61.003, Education Code, is not a position with a department, commission, board, agency, or institution of the state for purposes of this subtitle.
(c)  Membership in the employee class is mandatory for eligible persons.
(d)  Membership in the employee class begins on the first day a person is employed or holds office.
(e)  A person who is reemployed or who again holds office after withdrawing contributions under Subchapter B for previous service credited in the employee class begins membership in the employee class on the first day the person is reemployed or again holds office.
(f)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 331 , Sec. 4, eff. September 1, 2015.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 602, Sec. 5, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 1111, Sec. 12, 41, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 4, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 4, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 331 (H.B. 9), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 331 (H.B. 9), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter A. Membership › Section 812.005. Termination of Membership

Sec. 812.005.  TERMINATION OF MEMBERSHIP.
(a)  A person's membership in the retirement system is terminated by:
(1)  death of the person;
(2)  retirement based on service credited in all classes of membership in which the person has service credit; or
(3)  withdrawal of all of the person's accumulated contributions.
(b)  A person terminates membership in one class of membership by:
(1)  retirement based on service credited in the class;  or
(2)  withdrawal of the person's accumulated contributions for service credited in the class.
(c)  A person may terminate membership in one class and retain membership in the other.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 332, ch. 75, Sec. 2, eff. Sept. 1, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 1, eff. Sept. 1, 1991.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 5, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter A. Membership › Section 812.006. Optional Membership

Sec. 812.006.  OPTIONAL MEMBERSHIP.  (a)  In this section, "qualified employee" means a person who:
(1)  has at least three years of service credit in the retirement system in the legislative branch that was accrued before June 18, 1993;
(2)  was employed by an institution of higher education, as defined by Section 61.003, Education Code, before December 31, 1998, and elected to participate in the optional retirement program under Chapter 830; and
(3)  is actively participating in the optional retirement program.
(b)  A qualified employee may make a one-time, irrevocable election in a manner provided by the retirement system to renew active participation in the system and cease participation in the optional retirement program.
(c)  An employee who makes an election under this section is not eligible to establish service credit in the retirement system for service performed while participating in the optional retirement program.
(d)  This section is contingent upon the receipt of a favorable Internal Revenue Service ruling addressing all tax issues.
(e)  An election authorized by this section must be made within 90 days of the Internal Revenue Service ruling.
Added by Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter B. Withdrawal of Contributions › Section 812.101. Criteria for Withdrawal

Sec. 812.101.  CRITERIA FOR WITHDRAWAL.  (a)  A member of the retirement system may withdraw all of the member's accumulated contributions for service credited in the employee class of membership if:
(1)  the member does not hold a position included in that class;
(2)  the member does not assume or resume, during the 30 days after the date on which the member terminates employment, a position included in that class;  and
(3)  the member's application for withdrawal is filed before the member assumes or resumes a position included in that class.
(b)  A member of the retirement system currently contributing in the elected class of membership may at any time stop contributing and withdraw the person's contributions made for service credited in that class.
(c)  For a law enforcement or custodial officer, the withdrawal of accumulated contributions under Subsection (a) includes all of the officer's contributions made under Section 815.402(h) or 820.101(b), as applicable.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 4, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 3, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter B. Withdrawal of Contributions › Section 812.102. Procedure for Withdrawal

Sec. 812.102.  PROCEDURE FOR WITHDRAWAL.  A member initiates a withdrawal of contributions by filing an application for a refund with the retirement system or the agency or department with which the member holds or most recently held a position.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter B. Withdrawal of Contributions › Section 812.103. Effect of Withdrawal

Sec. 812.103.  EFFECT OF WITHDRAWAL.  A withdrawal of contributions cancels a member's service credit and terminates the person's membership in, and all rights to benefits from, each class from which the withdrawal is made.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter B. Withdrawal of Contributions › Section 812.104. Deposits Refundable

Sec. 812.104.  DEPOSITS REFUNDABLE.  (a)  Except as provided by Subsection (c), deposits representing interest or membership fees that are required of a member to establish service credit under Section 813.202, 813.302, 813.402, or 813.502 are not refundable.
(b)  Deposits representing accumulated contributions are refundable to the member on application for a refund made as provided by Section 812.102.
(c)  At the time a service retirement, disability retirement, or death benefit annuity becomes payable, the retirement system shall refund any contributions, interest, or membership fees used to establish service credit that is not used in computing the amount of the annuity.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 5, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.201. Eligibility for Retirement System Membership

Sec. 812.201.  ELIGIBILITY FOR RETIREMENT SYSTEM MEMBERSHIP.  (a)  Except as provided by Subsection (c), a retiree may not rejoin the retirement system as a member of the class from which the person retired.
(b)  A retiree who takes a position not included in a membership class from which the retiree receives retirement benefit payments:
(1)  is required to become or remain a member if the position is included in the employee class;  or
(2)  may elect to become or remain a member if the position is included in the elected class.
(c)  A person who is retired from the elected class of membership and who again holds a position included in that class may elect to become a member again by filing notice with the retirement system.  Except as provided by Section 812.203(c), when benefit payments are resumed, the retirement system shall recompute the annuity selected at the time of the person's original retirement to include the additional service established during membership under this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 2092, ch. 383, Sec. 1, eff. June 17, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.201 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.202. Benefits Not Affected

Sec. 812.202.  BENEFITS NOT AFFECTED.  (a)  The payment of benefits to a retiree is not affected by:
(1)  the retiree's taking a position included in a class of membership other than a class from which the person retired;  or
(2)  the retiree's serving the state as an independent contractor.
(b)  The payment of benefits to a retiree for service credited in the employee class of membership is not affected by the retiree's taking a position included in the employee class.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.202 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 3, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 715, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.203. Benefits Affected

Sec. 812.203.  BENEFITS AFFECTED.  (a)  If a retiree takes the oath for a position included in the elected class of membership, the retirement system shall suspend annuity payments to the person for service that was credited in that class, until the person no longer holds that position.
(b)  Time during which annuity payments are suspended as provided by this section does not reduce the number of months payments are to be made under an optional benefit selection providing for a specific amount of benefits for a guaranteed number of months after retirement.
(c)  If a member who originally retired with service credited at the time of that retirement only in the elected class of membership again retires, the person at the time of subsequent retirement may select an annuity based on service in the elected class as if the person were retiring for the first time.  If the person selects an annuity under Section 814.108(c)(3) or (c)(4), the retirement system shall reduce the number of months of guaranteed payment by the number of months for which an annuity was paid under the person's original retirement.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 199, ch. 18, Sec. 11, eff. Nov. 10, 1981;  Acts 1983, 68th Leg., p. 2092, ch. 383, Sec. 2, eff. June 17, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.203 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 850, Sec. 4, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 715, Sec. 3(2), eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1111, Sec. 13, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.204. Notice

Sec. 812.204.  NOTICE.  (a)  Before a retiree begins work in a position included in the employee class of membership, the retiree and the head of the department, commission, board, agency, or institution at which the retiree will resume state service each shall notify the retirement system in writing of the retiree's name, the taking of a position, and the projected dates of service.
(b)  Before a retiree from the elected class of membership takes the oath of office for a position included in that class, the retiree shall notify the retirement system in writing of the taking of a position and the projected dates of service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 22.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.205. Waiting Period

Sec. 812.205.  WAITING PERIOD.  A member who retires from the employee class on or after May 31, 2009, may not return to work in a position included in the employee class of membership before the 90th day after the date of the retiree's original retirement.
Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 812 - Membership › Subchapter C. Resumption of State Service by a Retiree › Section 812.206. Return to Work Surcharge

Sec. 812.206.  RETURN TO WORK SURCHARGE.  (a)  This section applies only to a person who, on or after September 1, 2009:
(1)  retires from the employee class; and
(2)  is rehired as a retiree into a position that would otherwise include membership in the employee class.
(b)  For each month that a department or agency of this state employs a person described by Subsection (a), the department or agency shall remit to the retirement system an amount equal to the amount of the state contribution that the department or agency would remit for an active member employed in the person's position.  The amount remitted shall be deposited as provided by Section 815.309.
Added by Acts 2009, 81st Leg., R.S., Ch. 1308 (H.B. 2559), Sec. 6, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter A. General Provisions › Section 813.001. Types of Creditable Service

Sec. 813.001.  TYPES OF CREDITABLE SERVICE.  The types of service creditable in the retirement system are membership service and, if applicable, military service and equivalent membership service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 297, Sec. 2, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter A. General Provisions › Section 813.0015. Provisions Applicable to Cash Balance Group Members

Sec. 813.0015.  PROVISIONS APPLICABLE TO CASH BALANCE GROUP MEMBERS.  The following provisions of this chapter do not apply to a cash balance group member:
(1)  Sections 813.102, 813.104, 813.106, 813.202, 813.402, 813.403, 813.404, 813.502, 813.504, 813.505, 813.509, 813.511, 813.513, and 813.514; and
(2)  Subchapter D.
Added by Acts 2021, 87th Leg., R.S., Ch. 940 (S.B. 321), Sec. 6, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 78 (S.B. 729), Sec. 2, eff. May 19, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 813 - Creditable Service › Subchapter A. General Provisions › Section 813.002. Service Creditable in a Year

Sec. 813.002.  SERVICE CREDITABLE IN A YEAR.  The board of trustees by rule shall determine how much service in any year is equivalent to one year of creditable service, but in no case may all of a person's service in one year be creditable as more than one year of service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 23.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.