reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter F. Retiree Death Benefits › Section 814.501. Retiree Death Benefits Generally

Sec. 814.501.  RETIREE DEATH BENEFITS GENERALLY.  (a)  A lump-sum death benefit in the amount of $5,000 is payable if the board of trustees receives proof satisfactory to it of the death, on or after September 1, 1975, of a person retired under a retirement system administered by the board.  The board by rule shall adopt procedures to provide for the payment of this benefit not later than the seventh day after the date the board receives the required proof of death.
(b)  The benefit provided by this section is payable to a person designated by the retiree in a signed and witnessed document filed with the retirement system before the retiree's death.  A designation, change, or revocation of a beneficiary in a will or other document not filed with the retirement system is not effective.  If a retiree does not designate a beneficiary or if the beneficiary designation cannot be made effective, the benefit is payable to the retiree's estate.
(c)  A beneficiary designation that names a former spouse as beneficiary is invalid for purposes of this section unless the designation is made after the date of the divorce.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.501 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 23, eff. Aug. 28, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 242 (H.B. 70), Sec. 1, eff. May 30, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter F. Retiree Death Benefits › Section 814.503. Occupational Disability Retiree Death Benefits

Sec. 814.503.  OCCUPATIONAL DISABILITY RETIREE DEATH BENEFITS.  (a)  Except as provided by Subsection (b), if a person who receives an occupational disability retirement annuity dies and the executive director determines that the death was an occupational death, a lump-sum death benefit is payable from the state accumulation account in an amount equal to one year's salary, computed on the basis of the retiree's rate of compensation at the time of disability retirement.
(b)  The benefit provided by this section is payable only to the retiree's surviving spouse or, if there is no surviving spouse, to the guardian of the retiree's surviving dependent minor children.  If the retiree is not survived by a spouse or dependent minor children, a benefit may not be paid under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 91, Sec. 10, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.503 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 814 - Benefits › Subchapter F. Retiree Death Benefits › Section 814.504. Assignment of Death Benefit for Funeral Services

Sec. 814.504.  ASSIGNMENT OF DEATH BENEFIT FOR FUNERAL SERVICES.  (a)  A beneficiary to whom a benefit is payable under this subchapter may by assignment provide that part or all of the benefit be paid in consideration for services provided in connection with the death of the retiree directly to a funeral director or funeral establishment licensed under:
(1)  Chapter 651, Occupations Code; or
(2)  the comparable law of another state.
(b)  The board of trustees by rule may establish requirements for forms, documentation, and procedures necessary for an effective assignment under this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1178 (H.B. 3522), Sec. 2, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter G. Increases in Benefits › Section 814.601. Annuity Increase After Death or Retirement

Sec. 814.601.  ANNUITY INCREASE AFTER DEATH OR RETIREMENT.  (a)  Except as provided by Subsections (b) and (e), on the first day of each fiscal year, the retirement system shall increase the amounts of annuities that are:
(1)  computed as provided by Section 814.105 or a predecessor to that section, Section 814.1051, Section 814.206 or a predecessor to that section, or if the standard annuity is derived from Section 814.105 or a predecessor, as provided by Section 814.108 or a predecessor to that section;
(2)  based on service that was credited in the retirement system as employee class service;  and
(3)  payable to a retiree of the retirement system, to the survivor of a retiree of the retirement system, or to the survivor of a deceased member of the retirement system.
(b)  The retirement system may not increase under this section the amount of an annuity unless the retirement or death on which the annuity is based occurred before the first day of the preceding fiscal year.
(c)  The legislature may appropriate money from the general revenue fund to pay the costs of increasing the amounts of annuities under this section.  On the first day of each fiscal year, the state comptroller of public accounts shall transfer to the retirement system any money appropriated for the fiscal year for the purpose of this section.
(d)  If the amount of money appropriated for a fiscal year is insufficient to finance the rate of increase in annuities specified in the Act making the appropriation or if the Act fails to specify a rate of increase, the board of trustees shall set the rate as the rate that the amount of money appropriated will finance for the duration of the annuities payable to those persons entitled to receive an increase in annuities under this section.
(e)  If an appropriation is not made for a fiscal year for the purpose of this section, the retirement system may not increase under this section the amount of annuities for that year.
Added by Acts 1981, 67th Leg., 1st C.S., p. 201, ch. 18, Sec. 16, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 24.601 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 39, Sec. 3, eff. April 22, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter G. Increases in Benefits › Section 814.602. Adjustment to Annuities

Sec. 814.602.  ADJUSTMENT TO ANNUITIES.  (a)  Except as provided by Subsection (b), the board of trustees may adopt rules that adjust or modify annuities to the extent necessary to be consistent with changes in plan design.  Any adjustment or modification must be made applicable to all members and annuitants who are similarly situated.  Any rule adopted under this section supersedes conflicting portions of existing plan provisions and must be in compliance with Section 401(a) of the Internal Revenue Code of 1986 and Section 811.006.
(b)  A rule adopted under this section may not result in a reduction in any existing annuity.
Added by Acts 1991, 72nd Leg., ch. 850, Sec. 24, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter G. Increases in Benefits › Section 814.603. Supplemental Payments

Sec. 814.603.  SUPPLEMENTAL PAYMENTS.  (a)  The retirement system may make a supplemental payment as provided by this section to persons whose annuities are described by Section 814.107, 814.207, 814.305, or 814.601(a) and that are based on service retirements, disability retirements, or deaths.  A supplemental payment made under this section is in addition to the regular monthly annuity payment.  Supplemental payments under this section must comply with Section 811.006.
(b)  The board of trustees shall determine the amount and timing of a supplemental payment and the manner in which the payment is made.
(c)  The retirement system shall pay any supplemental payment made under this section from the retirement annuity reserve account and may transfer to that account from the state accumulation account any portion of the amount that exceeds the amount in the retirement annuity reserve account available to finance this supplemental payment and that is actuarially determined to be necessary to finance the supplemental payment.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 10, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 24, eff. Aug. 28, 1995;  Acts 2003, 78th Leg., ch. 1111, Sec. 21, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 814 - Benefits › Subchapter G. Increases in Benefits › Section 814.604. Cost-of-Living Adjustment

Sec. 814.604.  COST-OF-LIVING ADJUSTMENT.  (a)  The retirement system shall grant a one-time cost-of-living adjustment as provided by Subsections (b) and (c) on a finding by the board of trustees that, as determined by an actuarial valuation:
(1)  the amortization period for the unfunded actuarial liabilities of the retirement system does not exceed 30 years by one or more years; and
(2)  as a result of paying the adjustment, the time required to amortize the unfunded actuarial liabilities of the retirement system would not be increased to a period that exceeds 30 years by one or more years.
(b)  The retirement system shall pay the cost-of-living adjustment under this section to a retiree who has been retired for 20 years or more on the date the board of trustees makes the finding in Subsection (a), or to a beneficiary of the retiree, as an increase to a monthly service retirement benefit, disability retirement benefit, or death benefit, as applicable, paid under this chapter for service credited in the employee class.
(c)  A cost-of-living adjustment under this section is limited to the lesser of:
(1)  an amount equal to three percent of the monthly benefit subject to the increase; or
(2)  $100 a month.
Added by Acts 2013, 83rd Leg., R.S., Ch. 618 (S.B. 1459), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.001. Composition of Board of Trustees

Sec. 815.001.  COMPOSITION OF BOARD OF TRUSTEES.  The board of trustees is composed of six members.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.001 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 815 - Administration › Subchapter A. Board of Trustees › Section 815.002. Appointed Trustees

Sec. 815.002.  APPOINTED TRUSTEES.  (a)  Three members of the board of trustees are appointed with the advice and consent of the senate, one each by:
(1)  the governor;
(2)  the chief justice of the Supreme Court of Texas;  and
(3)  the speaker of the house of representatives.
(b)  Appointed trustees hold office for staggered terms of six years, with the term of one trustee expiring on August 31 of each even-numbered year.
(c)  Before the 11th day after the day on which an appointment is made, the person appointed to the board shall subscribe to the constitutional oath and the oath of office provided by Section 815.004.
(d)  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 791, Sec. 11, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.003. Elected Trustees

Sec. 815.003.  ELECTED TRUSTEES.  (a)  Three members of the board of trustees are nominated and elected by members of the retirement system and retirees under rules adopted by the board.
(b)  Two of the elected members of the board must be members of the retirement system and must hold positions that:
(1)  are included in the employee class of membership; and
(2)  are not with an agency or department with which another trustee holds a position.
(b-1)  The third elected member of the board must:
(1)  meet the requirements of Subsection (b); or
(2)  be a retiree.
(c)  Elected trustees hold office for staggered terms of six years, with the term of one trustee expiring on August 31 of each odd-numbered year.
(d)  The board shall hold elections for the members and retirees to nominate and elect a trustee before August 31 of each odd-numbered year.  The board shall make ballots available to members of the retirement system and retirees and all votes must be cast on those ballots.
(e)  A person elected to the board of trustees must subscribe to the constitutional oath and the oath of office provided by Section 815.004 before beginning his or her term.
(f)  The board shall fill vacancies of elected positions on the board for the unexpired terms.
(g)  A person elected to the board as provided by this section is required to serve on the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 65, Sec. 1, eff. Aug. 26, 1991;  Acts 1997, 75th Leg., ch. 1048, Sec. 16, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 16 (H.B. 917), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.0031. Ineligibility for Board and of Certain Employees

Sec. 815.0031.  INELIGIBILITY FOR BOARD AND OF CERTAIN EMPLOYEES.  (a)  A person is not eligible for appointment or election to the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the retirement system;  or
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the retirement system.
(b)  A paid officer, employee, or consultant of a Texas trade association in the field of insurance or investment may not be a trustee or an employee of the retirement system who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(c)  A person who is the spouse of a paid officer, manager, or consultant of a Texas trade association in the field of insurance or investment may not be a trustee and may not be an employee of the retirement system who is exempt from the state's position classification plan or is compensated at or above the amount prescribed by the General Appropriations Act for step 1, salary group 17, of the position classification salary schedule.
(d)  For the purposes of this section, a Texas trade association is a nonprofit, cooperative, and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(e)  A person may not serve as a trustee or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a business or an association related to the operation of the board.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 12, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.004. Oath of Office

Sec. 815.004.  OATH OF OFFICE.  (a)  Before taking office as a member of the board of trustees, a person shall subscribe to the following oath of office:
I do solemnly swear that I will, to the best of my ability, discharge the duties of a trustee of the employees retirement system, that I will diligently and honestly administer the affairs of the board of trustees of the retirement system, and that I will not knowingly violate or willingly permit to be violated any of the laws applicable to the retirement system.
(b)  A person may subscribe to the oath of office before any officer qualified to administer oaths in the state and shall file the subscribed oath in the office of the secretary of state.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.004 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 815 - Administration › Subchapter A. Board of Trustees › Section 815.005. Sunset Provision

Sec. 815.005.  SUNSET PROVISION.  The board of trustees of the Employees Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter.  The board shall be reviewed during the period in which state agencies abolished in 2029, and every 12th year after that year, are reviewed.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1279 (H.B. 1675), Sec. 2.02, eff. June 14, 2013.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.006. Compensation; Expenses

Sec. 815.006.  COMPENSATION;  EXPENSES.  (a)  Notwithstanding Subchapter C of Chapter 659, trustees who are contributing members of the retirement system serve without compensation but are entitled to reimbursement for all actual and necessary expenses that they incur in the performance of official board duties.
(b)  Notwithstanding Subchapter C of Chapter 659, subject to the approval of the board of trustees, trustees who are not contributing members of the retirement system may receive:
(1)  compensation;  and
(2)  reimbursement for all actual and necessary expenses that they incur in the performance of official board duties.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.006 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 25, eff. Aug. 28, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.007. Voting

Sec. 815.007.  VOTING.  (a)  Each trustee is entitled to one vote.
(b)  At any meeting of the board, a majority of the members present is necessary for a decision by the trustees.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.007 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 815 - Administration › Subchapter A. Board of Trustees › Section 815.008. Grounds for Removal of Trustee

Sec. 815.008.  GROUNDS FOR REMOVAL OF TRUSTEE.  (a)  It is a ground for removal from the board if a trustee:
(1)  violates a prohibition established by Section 815.0031;
(2)  cannot discharge the person's duties for a substantial part of the term for which the person is appointed or elected because of illness or disability;  or
(3)  is absent from more than half of the regularly scheduled board meetings that the person is eligible to attend during a calendar year unless the absence is excused by majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a trustee exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the ground.  The presiding officer shall then notify the appropriate appointing officer, if any, that a potential ground for removal exists.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 13, eff. Sept. 1, 1993.  Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 22, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter A. Board of Trustees › Section 815.009. Board Member Training

Sec. 815.009.  BOARD MEMBER TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the board of trustees may not vote, deliberate, or be counted as a member in attendance at a meeting of the board of trustees until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing the retirement system's operations;
(2)  the programs, functions, rules, and budget of the retirement system;
(3)  the scope of and limitations on the rulemaking authority of the board of trustees;
(4)  the results of the most recent formal audit of the retirement system;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of the board of trustees in performing their duties; and
(6)  any applicable ethics policies adopted by the retirement system or the Texas Ethics Commission.
(c)  A person appointed to the board of trustees is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the board of trustees.  On receipt of the training manual, each member of the board of trustees shall sign and submit to the executive director a statement acknowledging receipt of the training manual.
Added by Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.101. General Administration

Sec. 815.101.  GENERAL ADMINISTRATION.  The board of trustees is responsible for the general administration 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. 25.101 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 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.102. Rulemaking

Sec. 815.102.  RULEMAKING.  (a)  Subject to the limitations of this subtitle, the board of trustees may adopt rules for:
(1)  eligibility of membership;
(2)  the administration of the funds of the retirement system;
(3)  the program of supplemental benefits for law enforcement and custodial officers;
(4)  hearings on contested cases or disputed claims;  and
(5)  the transaction of any other business of the board.
(b)  Rules adopted under this section related to a hearing on a contested case or disputed claim control over rules adopted under Section 2003.050.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 1231, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.1025. Use of Alternative Rulemaking and Dispute Resolution

Sec. 815.1025.  USE OF ALTERNATIVE RULEMAKING AND DISPUTE RESOLUTION.  (a)  The board of trustees shall develop a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of the retirement system's rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the retirement system's jurisdiction.
(b)  The retirement system's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The retirement system shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
(d)  The board of trustees shall ensure that the implementation of this section and the negotiated rulemaking procedures and alternative dispute resolution procedures adopted under this section are consistent with the fiduciary responsibility imposed on the board by law.
Added by Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.103. Administering System Assets

Sec. 815.103.  ADMINISTERING SYSTEM ASSETS.  (a)  The board of trustees shall administer all assets of the retirement system.  The board is the trustee of the system's assets.  The board of trustees shall hold all retirement system assets in trust for the exclusive benefit of the members and annuitants of the system and administer all operations funded by trust assets for the same purpose.
(b)  The board of trustees may acquire, hold, manage, purchase, sell, assign, trade, transfer, and dispose of any security, evidence of debt, or other investment in which the retirement system's assets may be invested.
(c)  The board of trustees may authorize the executive director to acquire, hold, manage, purchase, sell, assign, trade, transfer, and dispose of any security, evidence of debt, or other investment in which assets of the law enforcement and custodial officer supplemental retirement fund may be invested.
(d)  The board of trustees may accept on behalf of the retirement system gifts of money or other property from any public or private source.
(e)  Subchapter C, Chapter 2260, does not apply to the retirement system.  The acceptance of benefits by the retirement system under a contract does not waive immunity from suit or immunity from liability.
(f)  Chapter 412, Labor Code, does not apply to the retirement system.  The board of trustees may acquire services described by that chapter in any manner or amount the board considers reasonable.
(g)  The retirement system shall comply with cybersecurity and information security standards established by the Department of Information Resources under Chapter 2054.
(h)  Notwithstanding any other law, the retirement system has exclusive authority over all aspects of the purchase of goods and services, if the purchase is:
(1)  made using money other than money appropriated from the general revenue fund; and
(2)  related to the operation of home office facilities used in administering the system, including a purchase related to the administration of tenant leases in the facilities.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 1541, Sec. 20, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1231, Sec. 20, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1111, Sec. 23, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1310, Sec. 52, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 17, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 6, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 100 (S.B. 1831), Sec. 1, eff. May 19, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.104. Designation of Authority to Sign Vouchers

Sec. 815.104.  DESIGNATION OF AUTHORITY TO SIGN VOUCHERS.  The board of trustees shall file with the comptroller of public accounts a duly attested copy of a board resolution that designates the authorized representatives, as provided by this chapter, who have authority to sign vouchers for payment from the funds administered by the board of trustees.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.104 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 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.105. Adopting Tables

Sec. 815.105.  ADOPTING TABLES.  At least once every four years, the board of trustees shall adopt mortality, service, and other tables the board considers necessary for the retirement system after considering the results of the actuary's investigation of the mortality, service, and compensation experience of the system's members and beneficiaries under Section 815.206.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.105 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.106. Information to Legislature

Sec. 815.106.  INFORMATION TO LEGISLATURE.  (a)  The retirement system may not use any money under its control to influence the outcome of an election or to support the passage or defeat of legislation.
(b)  This section does not prohibit the board of trustees, as fiduciaries of the trust fund and as trustees of other programs administered by the board, or the officers or employees of the retirement system, as designees of the board, from making recommendations to the legislature concerning the actuarial soundness of a retirement system administered by the board, the fiscal or legal implications of proposed legislation, or statutory changes designed to more efficiently administer and effectuate the purposes of a retirement system or other program administered by the board.  In addition, the board or an officer or employee of the retirement system may provide to a member of the legislature or a legislative committee, at the request of the member or committee, any factual information that is not made confidential by law.
Added by Acts 1997, 75th Leg., ch. 1048, Sec. 17, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.107. Records of Board of Trustees

Sec. 815.107.  RECORDS OF BOARD OF TRUSTEES.  The board shall keep a record of all of its proceedings. Records of the board are open to public inspection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.107 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 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.109. Correction of Errors

Sec. 815.109.  CORRECTION OF ERRORS.  If an error in the records of the retirement system results in a person receiving more or less money than the person is entitled to receive under this subtitle, the retirement system shall correct the error in accordance with Section 802.1024 and so far as practicable shall adjust future payments so that the actuarial equivalent of the benefit to which the person is entitled is paid.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 201, ch. 18, Sec. 17, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.109 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 18, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.110. Audits

Sec. 815.110.  AUDITS.  (a)  The legislative audit committee may contract with an independent and internationally recognized accounting firm with substantial experience in auditing retirement or pension plans to conduct a managerial audit of the retirement system.
(b)  The state auditor shall pay the costs of each management audit under this section from money appropriated to the state auditor and approved for that purpose by the legislative audit committee.  Not later than the 30th day after the date the retirement system receives a statement of audit costs paid by the state auditor under this subsection, the retirement system shall reimburse the state auditor for the costs from money in the expense account.
(c)  The legislative audit committee may determine the frequency of the audits authorized by this section and may determine the programs and operations to be covered by the audits.  The accounting firm selected to conduct the audits shall report the results of those audits directly to the committee.
(d)  No later than 30 days after the legislative audit committee receives an audit report, the committee shall file a copy of the report with the retirement system, the governor, the lieutenant governor, the speaker of the house of representatives, the State Pension Review Board, the state auditor, and the secretary of state for publication in the Texas Register.
(e)  The board of trustees shall select an independent auditor to perform an annual financial audit of the retirement system.  The selection shall be in accordance with the requirements of Chapter 2254 for obtaining the services of a certified public accountant.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.06(b), eff. Aug. 26, 1991.  Amended by Acts 1995, 74th Leg., ch. 586, Sec. 26, 27, eff. Aug. 28, 1995;  Acts 1999, 76th Leg., ch. 1541, Sec. 21, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 815.111. Miscellaneous Board Duties

Sec. 815.111.  MISCELLANEOUS BOARD DUTIES.  (a)  The board shall provide to its trustees and employees, as often as necessary, information regarding their qualification for office or employment under this chapter and their responsibilities under applicable laws relating to standards of conduct for state officers or employees.
(b)  The board shall develop and implement policies that clearly define the respective responsibilities of the board and the staff of the retirement system.
(c)  The board shall prepare information of interest to the retirement system's members describing the functions of the system and the system's procedures by which complaints are filed with and resolved by the system.  The system shall make the information available to the system's members and appropriate state agencies.
(d)  The board by rule shall establish methods by which members are notified of the name, mailing address, and telephone number of the retirement system for the purpose of directing complaints to the system.
(e)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
(f)  The board shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs.  The board shall also comply with federal and state laws for program and facility accessibility.
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 14, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.201. Presiding Officer

Sec. 815.201.  PRESIDING OFFICER.  The board of trustees shall elect a presiding officer from the membership of the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.201 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1111, Sec. 24, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.202. Executive Director

Sec. 815.202.  EXECUTIVE DIRECTOR.  (a)  The board of trustees, by a majority vote of all members, shall appoint a person other than a member of the board to serve at the board's will as executive director.
(b)  The executive director is not a member of the board of trustees.
(c)  To be eligible to serve as the executive director, a person must:
(1)  be a citizen of the United States and have been a resident of the state for the three years immediately preceding the person's appointment;  and
(2)  have executive ability and experience to carry out the duties of the office.
(d)  The executive director shall recommend to the board of trustees actuarial and other services required to transact the business of the retirement system.
(e)  Annually, the executive director shall prepare an itemized budget showing the amount required to pay the retirement system's expenses for the following fiscal year and shall submit the budget to the board of trustees for review and adoption.
(f)  Subject to Section 815.3016, the board of trustees may specifically delegate any right, power, or duty imposed or conferred on the executive director by law to another employee of the retirement system.  If not so specifically delegated and subject to Section 815.3016, the executive director may delegate to another employee of the retirement system any right, power, or duty assigned to the executive director.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 174, Sec. 1, eff. May 25, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 1100, Sec. 4.05(a), eff. Sept. 1, 1989;  Acts 1999, 76th Leg., ch. 1541, Sec. 22, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 1111, Sec. 25, eff. Sept. 1, 2003.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.203. Legal Adviser

Sec. 815.203.  LEGAL ADVISER.  The attorney general of the state is the legal adviser of the board of trustees.  The attorney general shall represent the board in all litigation.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.203 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 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.204. Medical Board

Sec. 815.204.  MEDICAL BOARD.  (a)  The board of trustees shall designate a medical board composed of three physicians.
(b)  To be eligible to serve as a member of the medical board, a physician must be licensed to practice medicine in the state and be of good standing in the medical profession.  A physician who is eligible to participate in the retirement system may not be a member of the medical board.
(c)  The medical board shall:
(1)  review all medical examinations required by this subtitle and Subtitle D;
(2)  investigate essential statements and certificates made by or on behalf of a member of the retirement system in connection with an application for disability retirement; and
(3)  report in writing to the executive director its conclusions and recommendations on all matters referred to it.
(d)  The medical board is not subject to subpoena regarding findings it makes in assisting the executive director under this section, and its members may not be held liable for any opinions, conclusions, or recommendations made under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2005, 79th Leg., Ch. 347 (S.B. 1176), Sec. 19, eff. September 1, 2005.
Acts 2019, 86th Leg., R.S., Ch. 1121 (H.B. 2384), Sec. 21, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.205. Other Physicians

Sec. 815.205.  OTHER PHYSICIANS.  The board of trustees may employ physicians in addition to the medical board to report on special cases.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.205 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 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.206. Actuary

Sec. 815.206.  ACTUARY.  (a)  The board of trustees shall designate an actuary.
(b)  The actuary must be thoroughly qualified to be the technical adviser of the board of trustees on matters concerning operation of the funds of the retirement system.
(c)  At least once every four years, the actuary, under the direction of the board of trustees, shall:
(1)  make an actuarial investigation of the mortality, service, and compensation experience of the members and beneficiaries of the retirement system; and
(2)  make a valuation of the assets and liabilities of the retirement system's funds.
(d)  On the basis of tables adopted by the board of trustees under Section 815.105, the actuary shall make a valuation of the assets and liabilities of the retirement system's funds annually.
(e)  The actuary shall perform such other duties as are required by the board of trustees.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.206 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 530 (S.B. 301), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle B - Employees Retirement System of Texas › Chapter 815 - Administration › Subchapter C. Officers and Employees of Board of Trustees › Section 815.207. Comptroller

Sec. 815.207.  COMPTROLLER.  (a)  Except as provided by Section 815.302 or 815.303, the comptroller is the custodian of the securities, bonds, and funds of the retirement system.
(b)  The comptroller shall pay money from the funds of the retirement system on warrants drawn by the comptroller supported only on vouchers signed by the executive director and the presiding officer of the board of trustees or their authorized representatives.
(c)  The comptroller annually shall furnish to the board of trustees a sworn statement of the amount of the retirement system's assets in the comptroller's custody.
(d)  The board of trustees may, in the exercise of its constitutional discretion to manage the assets of the retirement system, select one or more commercial banks, depository trust companies, or other entities to serve as custodian of all or part of the retirement system's assets.
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. 2, eff. Oct. 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 25.207 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1989, 71st Leg., ch. 251, Sec. 1, eff. Aug. 28, 1989;  Acts 1997, 75th Leg., ch. 1423, Sec. 8.45, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 1111, Sec. 26, eff. Sept. 1, 2003.