reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.01. Member Contributions

Sec. 8.01.  MEMBER CONTRIBUTIONS.  (a)  Deposits by the members to the police retirement system shall be made at a rate of at least:
(1)  13 percent of the basic hourly earnings of the member, for each pay period beginning before January 1, 2022; and
(2)  15 percent of the basic hourly earnings of the member, for each pay period beginning on or after January 1, 2022, unless a different member contribution rate is required in accordance with Section 8.04(b)(4) of this Act, as adjusted, if applicable, under Section 8.065 of this Act, except that the rate may not exceed 17 percent.
(a-1)  Deposits required to be made by members under Subsection (a) of this section shall be deducted from payroll each pay period.
(a-2)  On recommendation of the board, the Active--Contributory members may by a majority of those voting increase the rate of member deposits above the minimum rate of deposit established by Subsection (a) of this section to whatever amount the board has recommended.  If the deposit rate for members has been increased to a rate above the rate established by Subsection (a) of this section in accordance with this subsection, the rate may be decreased to a rate not lower than the rate prescribed by Subsection (a)(2) of this section if the board recommends the decrease, the board's actuary approves the decrease, and a majority of the Active--Contributory members voting on the matter approve the decrease.  If an increase in the member contribution rate is made solely as the result of an adjustment under Section 8.065 of this Act, that increase may not be decreased under this subsection.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.02. City Contributions

Sec. 8.02.  CITY CONTRIBUTIONS.  (a)  The city shall contribute amounts equal to 21 percent of the basic hourly earnings of each member employed by the city for all pay periods beginning after September 30, 2012, and before January 1, 2022, subject to additional amounts as provided by Section 8.07 of this Act.  For all pay periods beginning on or after January 1, 2022, the city shall make contributions to the police retirement system in accordance with Subsections (b) and (c) of this section and Sections 8.03, 8.04, 8.05, and 8.06 of this Act, as applicable, and subject to additional amounts as provided by Section 8.07 of this Act. The city council may also authorize the city to make additional contributions to the police retirement system in whatever amount the city council may determine.  Contributions by the city shall be made each pay period.
(b)  For each pay period that begins on or after January 1, 2022, and before January 1, 2023, the city shall contribute an amount equal to the sum of:
(1)  the city contribution rate, as determined in the initial risk sharing valuation study conducted under Section 8.03 of this Act, multiplied by the pensionable payroll for the applicable pay period; and
(2)  1/26 of the city legacy contribution amount for the 2022 calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 8.03 of this Act.
(c)  For each pay period that begins on or after January 1, 2023, the city shall contribute an amount equal to the sum of:
(1)  the city contribution rate for the applicable calendar year, as determined in a subsequent risk sharing valuation study conducted under Section 8.04 of this Act and adjusted under Section 8.05 or 8.06 of this Act, as applicable, multiplied by the pensionable payroll for the applicable pay period; and
(2)  1/26 of the city legacy contribution amount for the applicable calendar year, as determined and adjusted in the initial risk sharing valuation study conducted under Section 8.03 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.03. Initial Risk Sharing Valuation Study

Sec. 8.03.  INITIAL RISK SHARING VALUATION STUDY.  (a)  The police retirement system shall cause the system's actuary to prepare an initial risk sharing valuation study that is dated as of December 31, 2020, in accordance with this section.
(b)  The initial risk sharing valuation study must:
(1)  except as otherwise provided by this section, be prepared in accordance with the requirements of Section 8.04 of this Act;
(2)  be based on the actuarial assumptions that were used by the system's actuary in the valuation completed for the year ended December 31, 2020;
(3)  project the corridor midpoint for the next 30 calendar years beginning with the calendar year that begins on January 1, 2022; and
(4)  include a schedule of city legacy contribution amounts for 30 calendar years beginning with the calendar year that begins on January 1, 2022.
(c)  For purposes of Subsection (b)(4) of this section, the schedule of city legacy contribution amounts must be determined in such a manner that the total annual city legacy contribution amount for the first three calendar years will result in a phase-in of the anticipated increase in the city's contribution rate from the calendar year that begins on January 1, 2021, in accordance with Subsection (a) of this section, to the rate equal to the sum of the estimated contribution rate for the calendar year that begins on January 1, 2022, and the rate of pensionable payroll equal to the city legacy contribution amount for January 1, 2022, determined as if there was no phase-in of the increase to the city legacy contribution amount.  The phase-in must reflect approximately one-third of the increase each year over the three-year phase-in period.  The city's contribution under Section 8.02 of this Act for:
(1)  the calendar years that begin on January 1, 2022, January 1, 2023, and January 1, 2024, must be adjusted to reflect the impact of the phase-in prescribed by this section; and
(2)  each calendar year that begins on January 1, 2025, through January 1, 2051, must reflect a city legacy contribution amount that is three percent greater than the city legacy contribution amount for the preceding calendar year.
(d)  The estimated city contribution rate for the calendar year that begins on January 1, 2022, must be based on the projected pensionable payroll, as determined under the initial risk sharing valuation study required by this section, assuming a payroll growth rate of three percent.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.05. Adjustment to City Contribution Rate if Lower Than Corridor Midpoint

Sec. 8.05.  ADJUSTMENT TO CITY CONTRIBUTION RATE IF LOWER THAN CORRIDOR MIDPOINT.  (a)  This section governs the determination of the city contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is lower than the corridor midpoint.
(b)  If the estimated city contribution rate is lower than the corridor midpoint and the funded ratio is:
(1)  less than 90 percent, the city contribution rate for the applicable year equals the corridor midpoint; or
(2)  equal to or greater than 90 percent and the city contribution rate is:
(A)  equal to or greater than the minimum city contribution rate, the estimated city contribution rate is the city contribution rate for the calendar year; or
(B)  less than the minimum city contribution rate for the corresponding calendar year, the city contribution rate for the calendar year equals the minimum city contribution rate.
(c)  If the funded ratio is equal to or greater than 100 percent:
(1)  all existing liability layers, including the legacy liability, are considered fully amortized and paid; and
(2)  the city legacy contribution amount may no longer be included in the city contribution under Section 8.02 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.06. Adjustment to City Contribution Rate if Equal to or Greater Than Corridor Midpoint

Sec. 8.06.  ADJUSTMENT TO CITY CONTRIBUTION RATE IF EQUAL TO OR GREATER THAN CORRIDOR MIDPOINT.  (a)  This section governs the determination of the city contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is equal to or greater than the corridor midpoint.
(b)  If the estimated city contribution rate is equal to or greater than the corridor midpoint and:
(1)  less than or equal to the maximum city contribution rate for the corresponding calendar year, the estimated city contribution rate is the city contribution rate; or
(2)  greater than the maximum city contribution rate for the corresponding calendar year, the city contribution rate is the maximum city contribution rate.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.065. Increased Member Contribution Rate if Estimated City Contribution Rate Greater Than Maximum City Contribution Rate

Sec. 8.065.  INCREASED MEMBER CONTRIBUTION RATE IF ESTIMATED CITY CONTRIBUTION RATE GREATER THAN MAXIMUM CITY CONTRIBUTION RATE.  (a)  This section governs the determination of the member contribution rate applicable in a calendar year under Section 8.04(b)(4) of this Act if the estimated city contribution rate determined under Section 8.04(b)(3) of this Act is greater than the maximum city contribution rate.
(b)  Except as provided by Subsection (c) of this section, if the estimated city contribution rate is greater than the corridor maximum, the member contribution rate will increase by an amount equal to the difference between the following:
(1)  the estimated city contribution rate; and
(2)  the maximum city contribution rate.
(c)  The member contribution rate may not be increased by more than two percentage points under this section.
(d)  If the estimated city contribution rate is more than two percent of pensionable payroll greater than the maximum city contribution rate, the city and the board shall enter into discussions to determine additional funding solutions.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.07. Additional City Contributions for Proportionate Retirement Program Participation

Sec. 8.07.  ADDITIONAL CITY CONTRIBUTIONS FOR PROPORTIONATE RETIREMENT PROGRAM PARTICIPATION.  (a)  The city shall contribute amounts in addition to the amounts described by Section 8.02 of this Act as required by Section 803.101(h), Government Code, to fund the additional liabilities incurred by the police retirement system as a result of participating in the proportionate retirement program.  The rate at which the city shall contribute additional amounts under this section is equal to 0.737 percent of the basic hourly earnings of each member employed by the city for all pay periods commencing on or after October 1, 2020, subject to adjustment under Subsection (b) of this section.
(b)  The additional contribution rate under Subsection (a) of this section shall increase or decrease as considered necessary by the actuary for the police retirement system after each five-year period of participation by the system in the proportionate retirement program in order to update the amount necessary to fund the additional liabilities incurred by the system as a result of participating in the proportionate retirement program and of the consolidation of the city's public safety and emergency management department with the police department on January 4, 2009.  The system's actuary shall perform an experience study that shall be the basis for a contribution rate adjustment under this subsection.  The effective date of the initial contribution rate adjustment under this subsection is October 1, 2015.  Each later contribution rate adjustment under this subsection takes effect October 1 of every fifth year after the effective date of the initial contribution rate adjustment.  The system's actuary shall present to the police retirement board the experience study on which any contribution rate adjustment under this subsection is based not later than 45 days before the effective date of the adjustment, and the city's actuary shall have the opportunity to review and comment on the study.  An adjustment in the additional contribution rate under this subsection may not cause the additional contribution rate under Subsection (a) of this section to be less than zero.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.08. Publication of Changes to Contribution Rates

Sec. 8.08.  PUBLICATION OF CHANGES TO CONTRIBUTION RATES. Any change of the rates of deposit and the rates of contribution shall be published when approved by the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.09. Expenses

Sec. 8.09.  EXPENSES.  (a) Expenses involved in administration and operation of the police retirement system shall be paid from the assets of the police retirement system subject to approval by the board. Such expenses shall include actuarial valuations of the system no less frequently than on a biennial basis, annual audits and/or actuarial studies, preparation of annual reports, and staff assistance. Additional consulting may be authorized by the board and paid for from the assets of the police retirement system as deemed necessary from time to time by the board.
(b)  Expenses incurred from investment advice, counsel, and management shall be paid from the assets of the police retirement system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.10. Payment of Contributions

Sec. 8.10.  PAYMENT OF CONTRIBUTIONS.  (a)  Contributions by the city shall be paid to the system after appropriation by the city council.
(b)  The city shall make the police officer contributions to the system required by Section 8.02 of this Act.
(c)  The system shall make the administrative staff's contributions to the system.
(d)  Member contributions will be made by a reduction in their monetary compensation.  Contributions made shall be treated as employer contributions in accordance with Section 414(h)(2), Internal Revenue Code (26 U.S.C. Section 414(h)(2)), for the purpose of determining tax treatment of the amounts under the federal Internal Revenue Code.  These contributions are not includible in the gross income of the member until such time as they are distributed or made available to the member.
(e)  Member contributions made as provided by Subsection (d) of this section shall be deposited to the individual account of each affected member and shall be treated as compensation of members for all other purposes of this Act and for the purpose of determining contributions to the federal Old-Age, Survivors, and Disability Insurance System (Social Security).  The provisions of this subsection shall remain in effect as long as the plan covering members is a qualified retirement plan under Section 401(a), Internal Revenue Code (26 U.S.C. Section 401(a)), and its related trust is tax exempt under Section 501(a), Internal Revenue Code (26 U.S.C. Section 501(a)).
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.11. Effect of System Termination on Contributions

Sec. 8.11.  EFFECT OF SYSTEM TERMINATION ON CONTRIBUTIONS. If the police retirement system is terminated, further contributions may not be made by the city or the system, and further deposits may not be made by the members for service after the date of termination.  Members do not accrue any additional benefits after the date of termination.  The benefit accrued by each member on the termination of the plan or the complete discontinuance of contributions under the plan and the benefit of any affected member on the partial termination of the plan, to the extent funded, become nonforfeitable notwithstanding the length of a member's service.  The benefit accrued by a member also becomes nonforfeitable, if not already nonforfeitable, at the normal retirement date.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.12. Effect of Forfeiture

Sec. 8.12.  EFFECT OF FORFEITURE. A forfeiture from a member terminating employment and withdrawing the member's accumulated deposits may not be applied to increase the benefit that any other member would receive from the system.  The actuary shall anticipate the effect of forfeitures in determining the costs under the system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article VIII. › Section 8.13. System Assets

Sec. 8.13.  SYSTEM ASSETS. The assets of the police retirement system shall be held in trust for the exclusive benefit of the members and their beneficiaries.  The corpus or income may not be used for or diverted to a purpose other than the exclusive benefit of members or their beneficiaries, whether by operation or natural termination of the system, by power of revocation or amendment, by the happening of a contingency, by collateral arrangement, or by other means.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article X. › Section 10.01. False Report or Statement

Sec. 10.01. FALSE REPORT OR STATEMENT.  Whoever with intent to deceive shall make any statement or report required under this Act which is untrue or shall falsify or permit to be falsified any record or records of the police retirement system shall forfeit any office or rights held by the person under the system, and such deception, falsification, or acquiescence in falsification shall be deemed a misdemeanor and the violation thereof shall be punishable by a fine not to exceed $1,000.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article X. › Section 10.02. Correction of Errors

Sec. 10.02. CORRECTION OF ERRORS.  If any change or error in the records of the police retirement system should be discovered or should result in any member, retired member, surviving spouse, or beneficiary receiving from the police retirement system more or less than such member, retired member, surviving spouse, or beneficiary would have been entitled to receive had the records been correct, the police retirement board shall have the power to correct such error.  Except as provided by Section 802.1024, Government Code, the retirement system shall, as far as possible, adjust the payments so that the actuarial equivalent of the benefits to which the member, retired member, surviving spouse, or beneficiary was correctly entitled shall be paid.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article XI. › Section 11.01. Limitation on Payment of Benefits

Sec. 11.01.  LIMITATION ON PAYMENT OF BENEFITS.  (a)  If the amount of any benefit payment otherwise due under this Act or the total payments due under this Act and any other qualified defined benefit plan maintained by this city would exceed the limitations provided by Section 415(b), Internal Revenue Code of 1986, as amended, and the regulations adopted under that section, the police retirement system shall reduce the amount of the benefit paid under this Act as required to comply with that section.  If the annual additions that would otherwise be allocated under this Act, or the total annual additions under this Act and any other qualified plan maintained by the city would exceed the limits under Section 415(c), Internal Revenue Code of 1986, the annual additions under this Act shall be reduced to the extent required to comply with Section 415(c), Internal Revenue Code of 1986.
(b)  For purposes of determining if the benefits or annual additions satisfy the limits provided by Subsection (a) of this section, the compensation to be used is wages within the meaning of Section 3401(a), Internal Revenue Code of 1986, plus amounts deferred at the election of the member that would be included in wages if not deferred under the rules of Section 402(e)(3), 125(a), 132(f)(4), 457(b), 402(h)(1)(B), or 402(k), Internal Revenue Code of 1986.  However, any rules that would limit the remuneration included in wages based on the nature or location of the employment or the services performed are disregarded for purposes of determining compensation.  In addition, any wages paid after a severance from employment are not included as compensation for purposes  of this subsection unless the payment is for regular pay as described in 26 C.F.R. Section 1.415(c)-2(e)(3)(ii) and is made by the later of two and one-half months after the severance from employment or the end of the calendar year that includes the date of severance from employment.  If excess annual additions are made to any member's account despite the efforts of the board of trustees, the amount shall be treated in accordance with 26 C.F.R. Section 1.402(g)-1(e)(2) or (3).
(c)  Notwithstanding any other provision of this Act, the applicable mortality table for purposes of adjusting a benefit due to the limitations provided under Section 415(b)(2)(B) or (D), Internal Revenue Code of 1986, is the table prescribed by Revenue Ruling 2001-62.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n-1. Police Officers Retirement System in Municipalities of 460,000 to 500,000 › Article XII. › Section 12.02. Distribution Rules for Disability Annuity Payments

Sec. 12.02. DISTRIBUTION RULES FOR DISABILITY ANNUITY PAYMENTS.    (a)  If a member selects an optional annuity providing for payment of a fixed number of monthly annuity payments to the member's beneficiary or estate if the member dies before the total number of payments has been completed, the option is limited as provided by Subsections (b) and (c) of this section.
(b) If, according to mortality tables adopted by the Internal Revenue Service, at the time of the member's retirement the joint life expectancy of the member making the selection and of the beneficiary is less than the minimum period that monthly payments would be required under the option selected, the member must select another option so that the minimum period that monthly payments would be required does not exceed the joint life expectancy of the person making the selection and of the beneficiary.
(c) If the member making the selection designates the member's estate as beneficiary and if, according to mortality tables adopted by the Internal Revenue Service, the life expectancy of that member is less than the minimum period that monthly payments would be required under the option selected, the member must select another option so that the minimum period that monthly payments would be required does not exceed the member's life expectancy at the time of the member's retirement.
(d) If a member selects an optional annuity that is payable after the retiree's death throughout the life of a beneficiary who is not the retiree's spouse, payments to the beneficiary after the retiree's death may not exceed the applicable percentage of the annuity payment that would have been payable to the retiree using the following table:
Excess of age of member
Applicable
over age of beneficiary:
percentage:
10 years or less
100 percent
more than 10 but less than 25 years
67 percent
25 years or more
50 percent
(e) Unless the member's spouse is the beneficiary of an optional annuity that guarantees a fixed number of monthly payments, the guaranteed number of payments may not exceed the applicable period using the following table:
Maximum number
of guaranteed
Age of member at retirement:
monthly payments:
less than 84
180
at least 84 but less than 91
120
91 or more
60
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.01. Purpose

Sec. 1.01. PURPOSE.  The purpose of the fund is to provide for the protection of pensions in a municipality to which this Act applies for fire fighters and police officers and their beneficiaries because of the hazardous nature of the professions of fire fighting and law enforcement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.03. Applicability

Sec. 1.03.  APPLICABILITY.  This Act applies to paid fire and police departments of a municipality with a population between 1.4 million and 1.7 million.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.04. Statutory Trust

Sec. 1.04. STATUTORY TRUST.    (a)  The fund is a statutory trust and is not a subdivision of government.
(b) The board shall hold in trust the assets of the fund for the exclusive benefit of the members and retirees of the fund and their beneficiaries and for defraying reasonable administrative expenses of the fund.
(c) The fund may not be diverted, transferred, or used for any purpose inconsistent with this Act and with the instruments governing the fund.
(d) A public or private entity, agency, or authority may not alter or impair any contract made by the board or under the authority or direction of the board.
(e) The fund is independent of the control of a municipality to which this Act applies.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.05. Exemptions

Sec. 1.05. EXEMPTIONS.    (a)  An amount payable from the fund is exempt from garnishment, assignment, attachment, judgments, other legal process, and inheritance or other taxes established by this state.
(b) Fund assets are exempt from attachment, execution, alienation, and forced sale.  A judgment lien or abstract of judgment may not be filed or perfected against the fund on fund assets.  A judgment lien or abstract of judgment filed against the fund on fund assets is void.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.06. Other Pension System Established by State Law

Sec. 1.06. OTHER PENSION SYSTEM ESTABLISHED BY STATE LAW.  Notwithstanding any other law, if the employees of the fire or police department who have been members of the fund are included in another pension system established by state law, the board shall act for any similar board created by that law with regard to the receipt and payment of amounts owed to the employees under this Act.  Employees of a department who are members of the fund and are not included in the other pension system may not participate in any payment under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 1. General Provisions › Section 1.07. Construction of Act

Sec. 1.07. CONSTRUCTION OF ACT.  This Act does not provide any benefit that is not specifically provided by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.01. Board of Trustees

Sec. 2.01. BOARD OF TRUSTEES.    (a)  The fund is governed by a board of trustees consisting of the following nine members:
(1)  the mayor of a municipality to which this Act applies or a qualified mayoral designee;
(2)  two members of the governing body of a municipality to which this Act applies, appointed by that governing body;
(3)  two active members who are fire fighters below the rank of fire chief, elected by secret ballot by a majority of the votes cast by the members of the fire department;
(4)  two active members who are police officers below the rank of police chief, elected by secret ballot by a majority of the votes cast by the members of the police department;
(5)  a retiree representative of the fire department, elected by secret ballot by a majority of the votes cast by the retirees of the fire department and the surviving spouses who are receiving benefits with respect to deceased members or retirees of the fire department; and
(6)  a retiree representative of the police department, elected by secret ballot by a majority of the votes cast by the retirees of the police department and the surviving spouses who are receiving benefits with respect to deceased members or retirees of the police department.
(b)  The board, through its secretary, shall administer the required elections of the active member and retiree representatives by mailing ballots to all eligible members, retirees, or beneficiaries.  Only retirees and surviving spouses who are currently receiving benefits from the fund are eligible to vote for the retiree representatives.  If no candidate receives a majority of the votes cast for any trustee position, the board shall hold a run-off election in which the only candidates are the candidates who received the highest and second-highest number of votes cast.  If a candidate for trustee is unopposed in an election, the board shall certify the candidate as elected to the board on the executive director's certification that the candidate is eligible and is unopposed for election.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.02. Terms of Trustees

Sec. 2.02. TERMS OF TRUSTEES.    (a)  The mayor of a municipality to which this Act applies, or a qualified mayoral designee, serves on the board for the term of the mayor's office, provided that, if the mayor appoints a qualified mayoral designee, the mayor may replace or remove that qualified mayoral designee at the mayor's discretion, and the term of the mayor or the mayor's qualified mayoral designee, as applicable, on the board expires on the date the mayor ceases to be mayor of the municipality for any reason.  An individual designated by the mayor to serve on the board under this subsection may only serve on the board while the individual is a qualified mayoral designee.
(b)  The two members of the municipal governing body serve on the board for the term of the office to which they are elected or appointed, provided that the term of the member on the board expires on the day the member ceases to be a member of the municipal governing body for any reason.
(b-1)  The governing body of a municipality shall fill a vacancy on the board under Section 2.01(a)(2) of this Act in the manner provided by Subsection (b) of this section.
(c) The two active fire fighters below the rank of fire chief serve on the board for staggered four-year terms, with one member's term expiring every two years.
(d) The two active police officers below the rank of police chief serve on the board for staggered four-year terms, with one member's term expiring every two years.
(e) The retiree representatives serve on the board for staggered four-year terms, with one member's term expiring every two years.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.03. Resignation or Removal of Trustees

Sec. 2.03. RESIGNATION OR REMOVAL OF TRUSTEES.    (a)  The members of the board who are fire fighters or police officers may resign or may be removed by a vote of the membership of their respective departments.
(b) The members of the board who are retiree representatives may resign or may be removed by a vote of the group eligible to elect them.
(c) A petition for removal under this section must be filed with the board within 45 days after the date the first signature on the petition is obtained.  A signature is invalid if it is not dated.
(d)  A removal election under this section must be held and completed within 90 days after the date the board certifies that a proper petition for a removal election has been signed by at least 20 percent of the membership from which the trustee was elected.  A trustee's term of service ends on the entry of an order by the board declaring that a majority of the votes cast in a removal election under this section favor removal.
(e)  On the date the board enters an order under Subsection (d) of this section, the board shall call a special election to fill the vacancy for the unexpired term of the trustee who was removed.  The trustee who was removed is not eligible to run in the special election but is eligible to run in all subsequent board elections.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.04. Officers

Sec. 2.04. OFFICERS.    (a)  The board shall elect from the trustees a presiding officer, an assistant presiding officer, and a secretary.
(b)  Repealed by Acts 2005, 79th Leg., Ch. 623, Sec. 13, eff. October 1, 2005.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.05. Employees

Sec. 2.05. EMPLOYEES.  The board may employ an executive director and staff as needed to administer the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.06. Meetings; Quorum

Sec. 2.06. MEETINGS;  QUORUM.    (a)  The board shall hold regular monthly meetings and special meetings at the call of the presiding officer or on written demand by a majority of the members of the board.
(b) A quorum of the board is five members.  When a quorum is present, action of the board that requires a vote may be taken by a majority of the members present.  Any action taken by less than a quorum is not binding on the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 2. Administrative Provisions › Section 2.07. Committees of Board

Sec. 2.07. COMMITTEES OF BOARD.    (a)  The presiding officer of the board may appoint committees that report to the board.
(b) Only members of the board may be appointed to committees under this section.
(c) Committees shall be composed of three or four members of the board, except as otherwise specifically provided by the board.
(d) Only members of committees may vote as committee members.
(e) The board may direct staff and advisors to assist the committees.
(f) Members of committees serve at the pleasure of the board.
(g) Permanent or standing committees may be appointed.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 3. General Powers and Duties of Board › Section 3.02. Applications; Hearings

Sec. 3.02. APPLICATIONS;  HEARINGS.    (a)  The board shall consider all cases for membership in the fund and for the retirement and benefits of the members of the fund and all applications for benefits by surviving spouses, dependent children, and dependent parents.
(b) The board shall give notice to persons asking for membership in the fund or for a benefit to appear before the board and offer sworn evidence.
(c)  Any contributing member of the fund who is in good standing in the fire or police department may:
(1)  appear in person or by attorney to contest the application for membership participation in the fund or for an annuity or benefit by any person claiming to be entitled to an annuity or benefit, either as a member, beneficiary, or alternate payee; and
(2)  offer supporting testimony.
(d) The presiding officer of the board may issue process for witnesses, administer oaths to those witnesses, and examine any witness in any manner affecting retirement or a benefit under this Act.  The process for witnesses may be served on any member of the fire or police department or any other person the board considers to be an appropriate person.  On the failure of any witness to attend and testify, that person may be compelled to attend and testify as in any judicial proceeding.
(e) A person's failure to give truthful information to the board in an application or in testimony at a hearing may result in a referral for criminal investigation.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 3. General Powers and Duties of Board › Section 3.03. Disbursements of Benefits

Sec. 3.03.  DISBURSEMENTS OF BENEFITS.  (a)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 35 (S.B. 1207), Sec. 26, eff. September 1, 2023.
(b)  Disbursements of benefits may not be made without a record vote of the board.
(c)  Each member, retiree, beneficiary, and alternate payee shall provide bank depository information to the board so that the board can disburse benefits by electronic transfer.
(d)  Except as provided by Section 802.1024, Government Code, the board may reduce the amount of a benefit to which a retiree, beneficiary, or alternate payee is otherwise entitled in order to reimburse the fund for an overpayment or incorrect payment of benefits to the retiree, beneficiary, or alternate payee.
(e)  The board may pay for the cost of counseling for members of the fund regarding retirement matters.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.01. Membership

Sec. 4.01. MEMBERSHIP.    (a)  A person is eligible to become a member of the fund as a condition of continued employment after the person has received state certification as a fire fighter or police officer, completed all other requirements for membership in the fund, and:
(1) graduated from a fire fighter or police officer training academy of a municipality to which this Act applies and passed the municipality's fire fighter's or police officer's probationary exam;  or
(2) otherwise satisfied the requirements for employment as a fire fighter or police officer in a municipality to which this Act applies.
(b) A person may not become eligible for disability retirement benefits unless the person has provided an authorization for release of medical information for any medical records dated on or after the date of initial application for employment or has agreed in writing to provide that authorization when requested by the board or, in the alternative if required by the board, has submitted to a physical examination by a physician selected by the board.
(c)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 234, Sec. 14, eff. October 1, 2009.
(d) The drawing of compensation by an officer or employee in the fire or police department for service in that department does not of itself make that person a member of the fund.
(e) The regularity of an appointment as a fire fighter or police officer of a municipality to which this Act applies may not be presumed from the serving of the full probationary period, if any.  The service of the probationary period by an officer or employee as a fire fighter or police officer of a municipality to which this Act applies does not constitute the creation of a position or office to which a proper appointment has been made for purposes of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.011. Membership of Fire Chief and Police Chief

Sec. 4.011.  MEMBERSHIP OF FIRE CHIEF AND POLICE CHIEF.  (a)  Subject to Subsection (d) of this section, not later than the 30th day after the date a fire chief or a police chief of a municipality to which this Act applies assumes office, the fire chief or police chief may make an irrevocable election to not become a member of the fund.
(b)  An election under this section must be made by delivering written notice of the election to the secretary of the board.
(c)  A fire chief or police chief who does not make an election under this section becomes a member of the fund.
(d)  A fire chief or police chief who was a member of the fund at any time during the two years preceding the date the fire chief or police chief assumes office may not make an election under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.02. Family and Medical Leave

Sec. 4.02. FAMILY AND MEDICAL LEAVE.    (a)  If a member takes unpaid leave as provided by the Family and Medical Leave Act (29 U.S.C. Section 2601 et seq.), that member is entitled to make voluntary contributions for the leave period in the same amount as the member would have paid if the member had not taken the leave.  Those payments must be made not later than the 30th day after the date the member returns from that leave.  A computation of contributions under this section shall be made in the same manner as other computations under this Act.  A municipality to which this Act applies shall match an amount equal to twice the amount of each payment a member makes to the fund under this subsection.
(b) If the member does not comply with Subsection (a) of this section, the member loses all credit toward the member's retirement annuity for the period the member was on leave.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.03. Uniformed Service

Sec. 4.03. UNIFORMED SERVICE.    (a)  A member of the fund who enters any uniformed service of the United States may not:
(1) be required to make the monthly payments into the fund provided by this Act as long as the member is engaged in active service with the uniformed service;  or
(2) lose any seniority rights or retirement benefits provided by this Act by virtue of that service.
(b)  Subject to Subsections (c) and (e) of this section, a member may restore credit not established during the period the member was engaged in active service in any uniformed service by paying into the fund an amount equal to what the member would have paid during that period if the member had remained on active status in the fire or police department.
(c)  The member must make the payment described by Subsection (b) of this section in full within an amount of time after the member's return to active status in the fire or police department that is equal to three times the amount of time the member was engaged in active service with the uniformed service, except that the maximum period for payment may not exceed five years.
(d) Except as provided by Subsection (f) of this section, if the member does not comply with Subsections (b) and (c) of this section, the member shall lose all credit toward the member's retirement annuity for the length of time the member was engaged in active service in any uniformed service.
(e) The amount of credit purchased under this section may not exceed the length of the active service in a uniformed service required to be credited by law.
(f)  If a member does not make the payment authorized under Subsection (b) of this section within the time prescribed by Subsection (c) of this section and the member would otherwise be eligible for credit under federal law, the member may receive credit for the uniformed service if:
(1)  the board determines that the member had good cause for not complying with Subsection (b) or (c) of this section; and
(2)  the member pays interest, compounded annually, on the then current rate of a member's contribution from the date the payment was required to the date the payment was made.
(f-1)  The board shall set the rate of interest for purposes of Subsection (f)(2) of this section.
(g) Repealed by Acts 2003, 78th Leg., ch. 513, Sec. 10.
(h) A municipality to which this Act applies shall double-match payments made to the fund under this section.
(i)  The survivors of a member of the fund who dies while performing qualified military service, as defined in Section 414(u) of the code, are entitled to any additional benefits, other than benefit accruals relating to the period of qualified military service, that would have been provided if the member had returned to active status in the fire or police department and then terminated employment as the result of death.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.04. Member Contributions

Sec. 4.04. MEMBER CONTRIBUTIONS.    (a)  There shall be deducted from the total salary of each fire fighter and police officer in the employment of a municipality to which this Act applies a percentage of the member's total salary according to the following schedule:
(1) 11.16 percent for full pay periods after September 30, 1993, but before October 1, 1994;
(2) 11.32 percent for full pay periods after September 30, 1994, but before October 1, 1995;
(3) 11.50 percent for full pay periods after September 30, 1995, but before October 1, 1996;
(4) 11.66 percent for full pay periods after September 30, 1996, but before October 1, 1997;
(5) 11.82 percent for full pay periods after September 30, 1997, but before October 1, 1998;
(6) 12 percent for full pay periods after September 30, 1998, but before October 1, 1999;
(7) 12.16 percent for full pay periods after September 30, 1999, but before October 1, 2000;  and
(8) 12.32 percent for full pay periods after September 30, 2000.
(b) The municipality has always picked up and shall continue to pick up the member contributions that are required by Subsection (a) of this section.
(c) Contributions picked up by the municipality shall be treated as employer contributions for the purpose of determining tax treatment of the amounts under the code.  Those contributions are not included in the gross income of the employee until the time they are distributed or made available to the employee.