2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 17. Termination of Employment; Refunds; Reemployment

Sec. 17. TERMINATION OF EMPLOYMENT;  REFUNDS;  REEMPLOYMENT.    (a)  When any active member of the pension system separates from service, either voluntarily or involuntarily, before becoming eligible for an immediate service retirement or disability pension, the member ceases to be an active member of the pension system.
(b)  A member of the pension system who has not completed 20 years of service at the time of separation from service with the police department is eligible for a refund of the total of the contributions the member made to the pension system, plus any amount that was contributed for the member by the city and not applied in accordance with this section to provide the member with 10 years of service.  The refund does not include interest, and neither the city nor the member is eligible for a refund of the contributions the city made on the member's behalf, except as expressly provided by this subsection.  By receiving the refund, the member forfeits any service earned before separation from service, even if it is otherwise nonforfeitable.
(c) The board shall notify each member of the pension system of the right to a refund as authorized by this section.
(d)  A member must apply to the board for a refund within one year after the date of separation from service.  Failure to apply for the refund within the one-year period results in a forfeiture of the right to the refund except for an inactive member who is eligible for a pension.  However, the board may reinstate any amount forfeited and allow the refund on application by the former member.
(e)  Heirs, executors, administrators, personal representatives, or assignees are not eligible to apply for and receive the refund authorized by this section.
(f) If a person who separates from service and receives a refund is subsequently reemployed as an employee of the police department, the person shall be reinstated as an active member of the pension system.  Prior service of the active member with the police department may not be counted toward a retirement pension unless the member pays to the pension system, not later than the 90th day after the date of a subsequent separation from service, an amount equal to any contributions previously refunded to the member under this section.  Except as provided by Section 18 of this article, a person is not eligible to repay any withdrawn contributions unless the person is reemployed by the police department of the city for which the prior service was performed.
(g) A member who is contesting an indefinite suspension action may, on application to the board, receive a return of the member's contributions and be separated from service on receipt of the contributions;  otherwise, a suspended member is considered to have a separation from service when a final decision of the arbitrator adverse to the member is rendered.
(h) Subject to procedures adopted by the board, the pension system shall accept a direct cash transfer of funds from another plan that is an eligible rollover distribution within the meaning of Section 402(f)(2)(A) of the code.  The transfer shall be accepted only for the purpose of repaying contributions the member has previously withdrawn or for other purposes expressly authorized by the board's procedures.
(i)  Former members reemployed on or after October 9, 2004, or current members who left service after October 9, 2004, if reemployed by the city, may purchase prior service credit at a rate of interest equal to 2.25 percent per year.  Active members hired before October 9, 2004, who have not yet purchased prior service credit or members hired before October 9, 2004, who involuntarily separated from service but have been retroactively reinstated under arbitration, civil service, or a court ruling may purchase prior service credit at a rate of interest equal to 2.75 percent per year.  The board may adopt rules necessary to implement this section.