reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.402. Certification and Finding of Disability

Sec. 854.402.  CERTIFICATION AND FINDING OF DISABILITY.  (a)  The medical board shall issue and send to the board of trustees a certification of disability for a member included in the coverage of the supplemental disability benefits fund if, after a medical examination of the member, the medical board finds that the member is mentally or physically incapacitated and is unable to engage in gainful occupation.
(b)  A member is entitled to a supplemental disability retirement annuity if the board of trustees, after receiving a certification of disability for the member under this section, finds that the member's incapacity:
(1)  is the direct result of injuries sustained after the effective date of coverage of the member in the supplemental disability benefits fund and before January 1, 1988, as a direct and proximate result of the performance of the duties of the member's employment;  and
(2)  is likely to be permanent.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 183, Sec. 12, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.402 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.403. Supplemental Disability Retirement Annuity

Sec. 854.403.  SUPPLEMENTAL DISABILITY RETIREMENT ANNUITY.  (a)  A supplemental disability retirement annuity payable under this subtitle is an amount that, when added to a member's standard disability retirement annuity or, if the member is eligible for service retirement, to the member's standard service retirement annuity, equals one-half of the member's average monthly compensation for service as an employee of a participating department of a municipality:
(1)  for the 60 months immediately preceding the month in which the injury occurred;  or
(2)  if the member did not perform service in each of the 60 months immediately preceding the month in which the injury occurred, for the number of months of service within the 60-month period.
(b)  In a computation of average monthly compensation under this section, compensation is excluded that exceeds the maximum amount on which the member was required to make contributions to 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. 64.403 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.404. Conditions for Benefits

Sec. 854.404.  CONDITIONS FOR BENEFITS.  (a)  Supplemental disability benefits payable from the supplemental disability benefits fund cease on the death of the disability retiree and are, except as provided by this subchapter, subject to the same terms of issuance as are standard disability retirement benefits.  The suspension or discontinuance of a disability retirement annuity automatically suspends or discontinues, as applicable, a supplemental disability retirement annuity based on the same service.
(b)  The board of trustees may reduce proportionally all supplemental disability benefits payable from the supplemental benefits fund at any time and for a period that the board finds necessary to prevent payments from the fund in a year from exceeding available assets in the fund in that year.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 227, ch. 18, Sec. 91, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.404 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.405. Optional Occupational Disability Benefits Program

Sec. 854.405.  OPTIONAL OCCUPATIONAL DISABILITY BENEFITS PROGRAM.  (a)  This section and Sections 854.406, 854.407, 854.408, 854.409, and 854.410, providing for an occupational disability benefits program, apply to municipalities having a participation date in the retirement system after August 31, 1987.  The governing body of any municipality having an earlier effective date of participation may by ordinance adopt the provisions of this section and Sections 854.406, 854.407, 854.408, 854.409, and 854.410 in lieu of the disability program provided for under Subchapter D.
(b)  A governing body may not adopt an ordinance under this section unless the actuary first determines, on the basis of mortality and other tables adopted by the board of trustees, that all obligations of the municipality to the benefit accumulation fund, including obligations proposed under the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period.
Added by Acts 1987, 70th Leg., ch. 183, Sec. 13, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.405 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 18, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.406. Application for Occupational Disability Benefits

Sec. 854.406.  APPLICATION FOR OCCUPATIONAL DISABILITY BENEFITS.  A member who is employed by a municipality that has adopted or is subject to the occupational disability benefits program may apply for an occupational disability retirement benefit in the same form and manner as that prescribed by Section 854.301.
Added by Acts 1987, 70th Leg., ch. 183, Sec. 13, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.406 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 G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.407. Eligibility for Benefits and Determination of Disability

Sec. 854.407.  ELIGIBILITY FOR BENEFITS AND DETERMINATION OF DISABILITY.  (a)  As soon as practicable after an application for occupational disability benefits has been filed, the medical board shall evaluate the medical and other pertinent information concerning the member's application.  The medical board may require the member to be examined by one or more physicians designated by it.
(b)  The medical board shall issue a certification of occupational disability and send it to the board of trustees if the medical board finds:
(1)  that the member is physically or mentally disabled for further performance of the duties of the member's employment;
(2)  that the disability is likely to be permanent;  and
(3)  that the member should be retired.
(c)  A member who is issued a certificate by the medical board as provided by this section is eligible to receive a standard occupational disability retirement annuity on the terms prescribed by Section 854.408.
Added by Acts 1987, 70th Leg., ch. 183, Sec. 13, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.407 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 G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.408. Standard Occupational Disability Retirement Annuity

Sec. 854.408.  STANDARD OCCUPATIONAL DISABILITY RETIREMENT ANNUITY.
(a)  The standard occupational disability retirement annuity payable under this subchapter is the sum of the member's prior service annuity and current service annuity.  A prior service annuity is subject to reduction under Section 855.308(f).  A standard occupational disability retirement annuity is payable throughout the life of the retiree except as otherwise provided by this subchapter.
(b)  The occupational disability retirement annuity of a disability retiree may not be suspended under this subchapter after the date the disability retiree attains 60 years of age.
(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
Added by Acts 1987, 70th Leg., ch. 183, Sec. 13, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.408 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 14, eff. Jan. 1, 1994;  Acts 1999, 76th Leg., ch. 83, Sec. 13, eff. Dec. 31, 1999;  Acts 2003, 78th Leg., ch. 599, Sec. 14, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 13, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.410. Optional Occupational Disability Retirement Annuity

Sec. 854.410.  OPTIONAL OCCUPATIONAL DISABILITY RETIREMENT ANNUITY.  (a)  Instead of the standard occupational disability retirement annuity payable under Section 854.408, a member retiring for disability may elect to receive an optional occupational disability retirement annuity under this section.
(b)  An optional occupational disability retirement annuity is payable throughout the life of the retiree and is actuarially adjusted from the standard occupational disability retirement annuity to its actuarial equivalent under the option selected under Subsection (c).
(c)  An eligible person may select an optional annuity under Section 854.104(c).
(d)  An option under Subsection (c) applies to both prior and current service annuities, except that prior service annuities are subject to reduction under Section 855.308(f).
(e)  To select an optional occupational disability retirement annuity, a member or retiree must make the selection and designate a beneficiary on a form prescribed by and filed with the retirement system before the 31st day after the effective date of retirement.
(f)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
(g)  If a person who retires after August 31, 1997, elects a reduced retirement annuity that is payable until the death of the last to die of the retiree and a person designated under Subsection (e), and if the retiree survives the other person, the monthly payments to the retiree will be increased to the amounts that would have been payable if the retiree at the time of retirement had elected to receive an annuity payable only during the retiree's life, and adjustments had been made for any applicable postretirement increases in that benefit.  The increased benefit becomes payable the month after the month in which the person designated under Subsection (e) dies and continues until the retiree dies.
Added by Acts 1987, 70th Leg., ch. 183, Sec. 13, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.410 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 76, Sec. 12, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 83, Sec. 14, eff. Dec. 31, 1999;  Acts 2003, 78th Leg., ch. 599, Sec. 15, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 15, eff. January 1, 2020.
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter E. Optional Disability Retirement Benefits › Section 854.411. Rules for Optional Disability Retirement Annuities

Sec. 854.411.  RULES FOR OPTIONAL DISABILITY RETIREMENT ANNUITIES.  The board of trustees may adopt rules necessary or desirable to implement this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 16, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter F. Death Benefits › Section 854.501. Return of Contributions

Sec. 854.501.  RETURN OF CONTRIBUTIONS.  (a)  Except as provided by Subsection (c), if a member dies before retirement, a lump-sum death benefit is payable from the benefit accumulation fund in the amount of:
(1)  the amount credited to the member's individual account; plus
(2)  interest computed from the beginning of the year in which death occurs through the end of the month immediately preceding the month in which death occurs at the rate allowed on member contributions during the preceding year.
(b)  The benefit provided by this section is payable to the decedent's estate unless the decedent has directed that the benefit be paid otherwise.
(c)  A benefit is not payable under this section if an annuity based on the decedent's service is payable under 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. 64.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 19, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter F. Death Benefits › Section 854.502. Refund of Unrecovered Contributions

Sec. 854.502.  REFUND OF UNRECOVERED CONTRIBUTIONS.  (a)  If monthly payments of any standard service retirement annuity under Section 854.103, optional service retirement annuity under Section 854.104, standard disability retirement annuity under Section 854.304, optional disability retirement annuity under Section 854.305, standard occupational disability retirement annuity under Section 854.408, or optional occupational disability retirement annuity under Section 854.410 cease before the sum of all payments of the annuity equals or exceeds the amount of accumulated contributions credited to the member's individual account at the time of retirement of the member on whose service the annuity was based, a lump-sum benefit equal to the amount by which the amount of the accumulated contributions exceeds the sum of all payments made by reason of the annuity is payable:
(1)  to the designated beneficiary, if living, or if not living, to the estate of the designated beneficiary, if the designated beneficiary survived the retiree; or
(2)  to the estate of the retiree, if the designated beneficiary predeceased the retiree.
(b)  The benefit provided by this section is payable from the benefit accumulation fund.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 228, ch. 18, Sec. 92, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.502 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 466, Sec. 7, eff. Aug. 26, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 20, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter F. Death Benefits › Section 854.503. Trust as Beneficiary

Sec. 854.503.  TRUST AS BENEFICIARY.  (a)  Except as provided by Subsection (b), a member or retiree may designate a trust as beneficiary for the payment of benefits from the retirement system.  If a trust is designated beneficiary, the beneficiary of the trust is considered the designated beneficiary for the purpose of determining eligibility for and the amount and duration of benefits.  The trustee is entitled to exercise any rights to elect benefit options and name subsequent beneficiaries.
(b)  A trust having more than one beneficiary may not receive benefits to which multiple designated beneficiaries are not eligible under this chapter.
Added by Acts 1995, 74th Leg., ch. 514, Sec. 16, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter F. Death Benefits › Section 854.504. Person Causing Death of Member or Annuitant

Sec. 854.504.  PERSON CAUSING DEATH OF MEMBER OR ANNUITANT.  (a)  A benefit payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but instead is payable to a person who would be entitled to the benefit had the convicted person predeceased the decedent.  If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.
(b)  The retirement system is not required to pay a benefit under Subsection (a) of this section unless it receives actual notice of the conviction of the person who would have been entitled to the benefits.  However, the retirement system may delay payment of a benefit payable on the death of a member or annuitant pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
(c)  The retirement system shall convert the remainder of any annuity that would otherwise have been payable throughout the life of the convicted person to an actuarially equivalent annuity payable to the decedent's estate in 60 monthly annuity payments.  The time of the actuarial equivalence is the earlier of the time the retirement system receives the notice of the conviction under Subsection (b) or the time the retirement system begins the delay in payment of a benefit according to Subsection (b).
(d)  For the purposes of this section, a person has been convicted of causing the death of a member or annuitant if the person:
(1)  has pleaded guilty or nolo contendere to or has been found guilty by a court of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or annuitant, regardless of whether sentence is imposed or probated;  and
(2)  has no appeal of the conviction pending and the time provided for appeal has expired.
Added by Acts 1995, 74th Leg., ch. 514, Sec. 17, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter F. Death Benefits › Section 854.505. Simultaneous Death of Member and Beneficiary

Sec. 854.505.  SIMULTANEOUS DEATH OF MEMBER AND BENEFICIARY.  When a member or retiree and the spouse or beneficiary of the member or retiree have died within a period of less than 120 hours of each other, the member or retiree is considered to have survived the spouse or beneficiary for the purpose of determining the rights to amounts payable under this subtitle on the death of the member or retiree.
Added by Acts 1995, 74th Leg., ch. 514, Sec. 18, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter G. Optional Death Benefits › Section 854.601. Coverage in Supplemental Death Benefit Program

Sec. 854.601.  COVERAGE IN SUPPLEMENTAL DEATH BENEFIT PROGRAM.  (a)  An employee of a participating municipality is included within the coverage of the supplemental death benefit program on the first day of the first month in which:
(1)  the employing municipality is participating in the supplemental death benefits fund for coverage of all members it employs;
(2)  the employee is a member of the retirement system;  and
(3)  the employee is required to make a contribution to the retirement system.
(b)  Once established, coverage of a person in the supplemental death benefit program continues until the last day of a month in which a requirement of Subsection (a) is not met.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.601 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 G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter G. Optional Death Benefits › Section 854.602. Extended Supplemental Death Benefit Coverage

Sec. 854.602.  EXTENDED SUPPLEMENTAL DEATH BENEFIT COVERAGE.  (a)  A member included in the coverage of the supplemental death benefit program who fails to earn compensation in a month for service to a municipality participating in the supplemental death benefits fund is eligible to receive extended coverage in the program on complying with this section.
(b)  A member may apply to the retirement system for extended program coverage and submit evidence of eligibility for extended coverage.
(c)  The board of trustees shall grant extended coverage in the supplemental death benefit program to an applicant, if the board finds:
(1)  that as a result of illness or injury, the member is unable to engage in gainful occupation;  and
(2)  that the member made a required contribution to the retirement system as an employee of a municipality participating in the supplemental death benefits fund for the month immediately preceding the first full month in which the member was unable to engage in gainful occupation.
(d)  Once established, extended coverage of a person in the supplemental death benefit program continues until the last day of the month in which:
(1)  the member returns to work as an employee of a participating municipality;
(2)  the board of trustees finds that the member is able to engage in gainful occupation;
(3)  the person's membership in the retirement system is terminated;  or
(4)  the member retires under this subtitle.
(e)  The board of trustees by rule may require a member to submit to it annual proof of continued inability to engage in gainful occupation.  The board may require a member to undergo a medical examination by a physician designated by the board.  Failure of a member to undergo a medical examination as required by this subsection is a ground for the board's finding that the member has become able to engage in gainful occupation.
(f)  If a member included in the coverage of the supplemental death benefit program becomes eligible to apply for the extended coverage but fails to comply with Subsections (b) and (c) before the member's death, the member will be considered to have had the extended coverage if proof is furnished that the member could have qualified for extended coverage if application for the coverage had been made according to Subsections (b) and (c) and that the death occurred within six months after the date the coverage of the supplemental death benefit program was discontinued under Section 854.601.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 228, ch. 18, Sec. 93, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.602 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 19, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter G. Optional Death Benefits › Section 854.603. Member Supplemental Death Benefit

Sec. 854.603.  MEMBER SUPPLEMENTAL DEATH BENEFIT.  (a)  If a person included in the coverage or extended coverage of the supplemental death benefit program dies, a lump-sum supplemental death benefit is payable from the supplemental death benefits fund in an amount equal to the current annual salary of the member at the time of death.
(b)  Except as provided by Subsection (c), the current annual salary of a member is computed as the amount paid to the member for service on which contributions were made to the retirement system during the 12 months immediately preceding the month of death.  If a member did not receive compensation for service in each of the 12 months immediately preceding the month of death, the member's current annual salary is computed by converting to an annual basis the amount paid to the member on which contributions were made to the system during the period of employment within the 12-month period.  If a member did not receive compensation for service in any of the 12 months immediately preceding the month of death, the member's current annual salary is computed by converting to an annual basis the rate of compensation payable to the member during the month of death.
(c)  The current annual salary of a member included in the extended coverage of the supplemental death benefit program is computed in the manner provided by Subsection (b) but as if the member had died during the first month of extended coverage.
(d)  If a member makes contributions to the retirement system during the same month as an employee of more than one municipality participating in the supplemental death benefits fund, a death benefit is payable only on the basis of the member's most recent employment.
(e)  The board of trustees by rule may require such proof of compensation and periods of employment as it finds necessary.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 228, ch. 18, Sec. 94, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.603 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 G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter G. Optional Death Benefits › Section 854.604. Retiree Supplemental Death Benefit

Sec. 854.604.  RETIREE SUPPLEMENTAL DEATH BENEFIT.  If a retiree dies whose most recent employment as a member of the retirement system was with a municipality that has elected to provide, and continues to provide, postretirement supplemental death benefits, a lump-sum supplemental death benefit is payable from the fund in the amount of $7,500.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 229, ch. 18, Sec. 95, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.604 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 15, eff. Jan. 1, 1994;  Acts 2003, 78th Leg., ch. 599, Sec. 16, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter G. Optional Death Benefits › Section 854.605. Beneficiary of Supplemental Death Benefit

Sec. 854.605.  BENEFICIARY OF SUPPLEMENTAL DEATH BENEFIT.  (a)  Unless a member has directed otherwise on a form prescribed by the board of trustees and filed with the retirement system:
(1)  a supplemental death benefit under Section 854.603 is payable to the person entitled to receive the decedent's accumulated contributions;  and
(2)  a supplemental death benefit under Section 854.604 is payable to a person entitled to receive any remaining payments of the decedent's annuity.
(b)  If a person entitled under this section to receive a supplemental death benefit does not survive the member or retiree covered by the supplemental death benefit program, the benefit is payable to the estate of the covered member or retiree.
(c)  If a member or retiree who has designated a beneficiary to receive supplemental death benefits under Section 854.603 or 854.604 subsequently designates a different beneficiary to receive other benefits under this subtitle in the event of the death of the member or retiree, the supplemental death benefits shall be paid to the subsequently designated beneficiary unless the member or retiree contemporaneously or subsequently designates another beneficiary to receive the supplemental death benefit.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.605 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 121, Sec. 23, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.001. Composition of Board of Trustees

Sec. 855.001.  COMPOSITION OF BOARD OF TRUSTEES.  The board of trustees is composed of six 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. 65.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.002. Appointment

Sec. 855.002.  APPOINTMENT.  The governor, with the advice and consent of the senate, shall appoint three executive trustees and three employee 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. 65.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.003. Eligibility

Sec. 855.003.  ELIGIBILITY.  (a)  To be eligible to serve as an executive trustee a person must be a chief executive officer, chief finance officer, or other officer, executive, or department head of a participating municipality.
(b)  To be eligible to serve as an employee trustee a person must be an employee of a participating municipality.
(c)  Two or more trustees serving concurrently may not be employed by or serve the same municipality.
(d)  A trustee is immediately disqualified from serving as a trustee if the trustee ceases to satisfy the requirements of 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. 65.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.004. Term of Office

Sec. 855.004.  TERM OF OFFICE.  (a)  The trustees hold office for staggered terms of six years, with the terms of two trustees expiring February 1 of each odd-numbered year.
(b)  The governor shall fill a vacancy in the office of a trustee for the unexpired term by appointing a successor from a participating municipality.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1983, 68th Leg., p. 2836, ch. 484, art. II, Sec. 11, eff. June 19, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.005. Oath of Office

Sec. 855.005.  OATH OF OFFICE.  Before taking office as a trustee, a person shall present to the board of trustees a certified copy of an oath of office subscribed before the clerk of the municipality that the person serves.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.008. Compensation; Expenses

Sec. 855.008.  COMPENSATION;  EXPENSES.  Each trustee serves without compensation but is entitled to:
(1)  reimbursement for reasonable traveling expenses incurred in attending board meetings and authorized committee and association meetings or incurred in the performance of other official board duties;  and
(2)  payment of an amount equal to any compensation withheld by the trustee's employing municipality because of the trustee's attendance at board meetings.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.008 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 16, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter A. Board of Trustees › Section 855.009. Voting

Sec. 855.009.  VOTING.  (a)  Each trustee is entitled to one vote.
(b)  At any meeting of the board, four or more concurring votes are necessary for a decision or action by 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. 65.009 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.101. Administration

Sec. 855.101.  ADMINISTRATION.  (a)  The retirement system is a trust.
(b)  The board of trustees is responsible for the administration 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. 65.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.102. Rulemaking

Sec. 855.102.  RULEMAKING.  (a)  The board of trustees shall adopt rules and perform reasonable activities it finds necessary or desirable for efficient administration of the system.
(b)  The board may adopt and enforce rules concerning:
(1)  the time that a municipality electing to participate in the system begins its participation;  or
(2)  notice, information, and reports required of municipalities electing to participate in the 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. 65.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.103. Administering System Assets

Sec. 855.103.  ADMINISTERING SYSTEM ASSETS.  (a)  The board of trustees may sell, assign, exchange, or trade and transfer any security in which the retirement system's assets are invested.  The board may use or reinvest the proceeds as the board determines that the system's needs require.
(b)  In handling the funds of the retirement system, the board of trustees has all powers and duties granted to the comptroller that formerly were granted to the State Depository 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. 65.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 891, Sec. 3.15, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.104. Accepting Gift, Grant, or Bequest

Sec. 855.104.  ACCEPTING GIFT, GRANT, OR BEQUEST.  The board of trustees shall accept a gift, grant, or bequest of money or securities:
(1)  for the purpose designated by the grantor if the purpose provides an endowment or retirement benefits to some or all participating employees or annuitants of the retirement system;  or
(2)  if no purpose is designated, for deposit in the endowment fund.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.104 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.105. Indebtedness; Payment

Sec. 855.105.  INDEBTEDNESS;  PAYMENT.  (a)  The board of trustees may:
(1)  incur indebtedness;
(2)  on the credit of the retirement system, borrow money to pay expenses incident to the system's operation;
(3)  renew, extend, or refund its indebtedness;  or
(4)  issue and sell negotiable promissory notes or negotiable bonds of the retirement system.
(b)  A note or bond issued under this section must mature before the 20th anniversary of the issuance of the note or bond.  The rate of interest on the note or bond may not exceed six percent a year.
(c)  The board shall charge a note or bond issued under this section against the system's expense fund and shall pay the note or bond from that fund.  The total indebtedness against the expense fund may not exceed $75,000 at any time.
(d)  A note or bond issued under this section must expressly state that the note or bond is not an obligation of this 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. 65.105 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.106. Grants and Payment of Benefits

Sec. 855.106.  GRANTS AND PAYMENT OF BENEFITS.  The board of trustees, in accordance with this subtitle, shall consider all applications for annuities and benefits and shall decide whether to grant the annuities and benefits.  The board may suspend one or more payments in accordance with 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. 65.106 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.107. Audit

Sec. 855.107.  AUDIT.  (a)  In this section:
(1)  "Audit" means an internal or independent external audit authorized or required by this section or initiated or commissioned by the board of trustees or a committee of the board of trustees.  The term includes a financial audit, compliance audit, economy and efficiency audit, effectiveness audit, performance audit, security or risk audit, attestation, management-directed engagement, or investigation.
(2)  "Audit working paper" includes all information, documentary or otherwise, prepared or maintained in conducting an audit or preparing an audit report, including:
(A)  internal or external communications relating to the audit that are made or received in the course of the audit;
(B)  drafts of an audit report or portions of those drafts;
(C)  drafts of audit plans; and
(D)  records of risk assessments.
(b)  Annually, or more often, the board of trustees shall have the accounts of the retirement system audited by a certified public accountant.
(c)  In addition to the financial audit required by Subsection (b), the board of trustees may initiate or commission an audit or investigation of activities, functions, or operations of the retirement system as the board determines appropriate.
(d)  Audit working papers prepared, maintained, or assembled by the retirement system or an agent of the retirement system are not a record of the board of trustees for purposes of Section 855.112, and are confidential and excepted from the disclosure requirements of Chapter 552.
(e)  Unless made confidential under other law, an audit report, when received by the board of trustees in its final form, is public information not excepted from the requirements of Section 552.021.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.107 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 18, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.108. Designation of Authority to Sign Vouchers

Sec. 855.108.  DESIGNATION OF AUTHORITY TO SIGN VOUCHERS.  The board of trustees by resolution shall designate one or more representatives who have authority to sign vouchers for payments from the assets 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. 65.108 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.109. Depositories

Sec. 855.109.  DEPOSITORIES.  The board of trustees shall designate financial institutions to qualify and serve the retirement system as depositories.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.109 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 17, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.110. Adopting Rates and Tables

Sec. 855.110.  ADOPTING RATES AND TABLES.  (a)  The board of trustees shall adopt rates and tables that the board considers necessary for the retirement system after considering the results of the actuary's investigation of the mortality and service experience of the system's members and annuitants.  In adopting rates and tables, the board of trustees shall adopt a discount rate that is not less than five percent in developing an annuity purchase rate.
(b)  Based on recommendations of the actuary, the board of trustees shall adopt rates and tables necessary to determine the supplemental death benefits contribution rates for each municipality participating in the supplemental death benefits fund.
(c)  The board of trustees, after consultation with the actuary, by rule or by funding policy adopted by the board of trustees, may:
(1)  set open or closed amortization periods not to exceed 30 years;
(2)  change the period for amortizing a municipality's unfunded actuarial accrued liabilities from an open period to a closed period or from a closed period to an open period;
(3)  decrease or increase the amortization period, provided the amortization period may not exceed 30 years; and
(4)  set different amortization periods for unfunded actuarial accrued liabilities arising from different types of events giving rise to liabilities and ladder the amortization of the liabilities.
(d)  In this section:
(1)  "Annuity purchase rate" means the present value factor used to convert reserves to a monthly annuity based on the post-retirement discount rate assumption and the life expectancy of the retiree or beneficiary or both the retiree and the beneficiary at retirement under the selected form of payment.
(2)  "Discount rate" means the interest rate used in determining the present value of future cash flows.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 229, ch. 18, Sec. 96, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.110 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 293 (H.B. 1244), Sec. 3, eff. January 1, 2008.
Acts 2009, 81st Leg., R.S., Ch. 154 (H.B. 360), Sec. 1, eff. May 26, 2009.
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 19, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.111. Certification of Rates

Sec. 855.111.  CERTIFICATION OF RATES.  (a)  The board of trustees shall certify all current service contribution rates and all prior service contribution rates.
(b)  The board shall notify each participating municipality of the rates certified in accordance with 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. 65.111 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 154 (H.B. 360), Sec. 2, eff. May 26, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.112. Records

Sec. 855.112.  RECORDS.  (a)  The retirement system shall keep, in convenient form, data necessary for required computations and valuations by the actuary.
(b)  The board of trustees shall keep a permanent record of all of its proceedings.
(c)  Records of the board of trustees are open to the public.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.112 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 20, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 855 - Administration › Subchapter B. Powers and Duties of Board of Trustees › Section 855.113. Office

Sec. 855.113.  OFFICE.  (a)  The board of trustees shall establish an office in Austin or in one of the participating municipalities.
(b)  The board shall keep the books and records of the retirement system in that office.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 65.113 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.