reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.501. Military Service by Member

Sec. 853.501.  MILITARY SERVICE BY MEMBER.  (a)  A member of the retirement system is allowed credited service as provided in this subchapter if at any time the person:
(1)  leaves employment with a participating municipality to perform and performs active duty service in the armed forces or the armed forces reserves of the United States or their auxiliaries, provided that:
(A)  the person makes application for reemployment with the same municipality within 90 days after the person is released from active duty or discharged from such military service or from hospitalization continuing after discharge for a period of not more than one year;  and
(B)  the person is reemployed by the same participating municipality;  or
(2)  is conscripted and leaves employment with a participating municipality to perform and performs war-related service during a state of war or during a conflict between the armed forces of the United States and the armed forces of a foreign country, provided that the person is reemployed by the same municipality within 90 days after the end of such service.
(b)  Credit for service under this section may only be used as set forth in Section 853.505.
Added by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.502. Other Military Service Credit

Sec. 853.502.  OTHER MILITARY SERVICE CREDIT.  (a)  The governing body of a participating municipality by ordinance may authorize eligible members in its employment to establish credit in the retirement system for active military service performed as a member of the armed forces or armed forces reserves of the United States or their auxiliaries, for which service the members do not receive credit under Section 853.501.
(b)  A member eligible to establish credit for military service creditable as provided by this section is one who is an employee of a municipality that has adopted an ordinance under this section and who:
(1)  was an employee of a participating municipality immediately prior to the military service, but terminated employment with the municipality and membership in the retirement system during the period of service, and applied for reemployment with the municipality not later than the 90th day after the date the person was released from active duty or discharged or from hospitalization continuing after discharge for a period of not more than one year, and was reemployed by that municipality;  or
(2)  has at least five years of credited service in the retirement system and has been an employee of one or more participating municipalities for at least five years.
Added by Acts 1981, 67th Leg., 1st C.S., p. 222, ch. 18, Sec. 79, eff. Jan. 1, 1982.  Amended by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.501 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Government Code, Sec. 853.501 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug. 26, 1991;  Acts 2003, 78th Leg., ch. 599, Sec. 8, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.503. Conditions for Receiving Military Service Credit

Sec. 853.503.  CONDITIONS FOR RECEIVING MILITARY SERVICE CREDIT.  No person can receive credit for service under this subchapter unless:
(1)  the person's military service was terminated by release from active duty or discharge on terms not dishonorable;
(2)  the person does not receive and is not eligible to receive federal retirement payments based on 20 years or more of active military service or its equivalent;  and
(3)  the person does not have and does not receive credit for the service in any other public retirement system or program established under laws of this state.
Added by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.504. Establishment of Military Service Credit

Sec. 853.504.  ESTABLISHMENT OF MILITARY SERVICE CREDIT.  (a)  An eligible member may establish credit under Section 853.501 by filing written application therefor with the retirement system, accompanied by satisfactory evidence of the member's military service.
(b)  An eligible member seeking military service credit under Section 853.502 must file with the retirement system a written application for the credit, together with satisfactory evidence of the member's military service.
(c)  No person may obtain credit under this subchapter for more than 60 months of military service.
Added by Acts 1981, 67th Leg., 1st C.S., p. 222, ch. 18, Sec. 79, eff. Jan. 1, 1982.  Amended by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.502 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Government Code, Sec. 853.502 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug. 26, 1991;  Acts 2003, 78th Leg., ch. 599, Sec. 9, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.505. Use of Military Service Credit

Sec. 853.505.  USE OF MILITARY SERVICE CREDIT.  (a)  The retirement system shall use military service credit established under this subchapter in determining length-of-service requirements for benefits.
(b)  Except as provided by Section 853.506, military service credit allowed under Section 853.501 shall have no monetary value in calculating the annuity payments allowable to the member and shall not be used in other computations, including computation of updated service credits or prior service credits.
(c)  When a person who has military service credit under Section 853.502 retires and has paid for military service credit under former law, the retirement system shall compute an amount equal to the sum of any accumulated amount paid by the person for the military service credit under former law, plus an equal amount multiplied by the municipality's current service matching percent in effect on the date the member applied for the military service credit. The retirement system shall use the sum derived from that computation to make annuity payments to the person that are computed in the same manner as is the person's current service annuity, but the military service credit and the sum may not be used in other computations, including computations of updated service credits or prior service credits.
Added by Acts 1981, 67th Leg., 1st C.S., p. 222, ch. 18, Sec. 79, eff. Jan. 1, 1982.  Amended by Acts 1989, 71st Leg., ch. 462, Sec. 4, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.503 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Government Code, Sec. 853.503 and amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(d), eff. Aug. 26, 1991.  Amended by Acts 1997, 75th Leg., ch. 76, Sec. 5, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 10, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter F. Military Service › Section 853.506. Current Service for Reemployed Veterans

Sec. 853.506.  CURRENT SERVICE FOR REEMPLOYED VETERANS.  Notwithstanding any provision of this subtitle to the contrary, contributions, benefits, and service credit for qualified military service will be provided in accordance with Section 414(u) of the Internal Revenue Code of 1986 (26 U.S.C. Section 414).  The board of trustees may adopt rules that modify the terms of this subtitle for the purpose of compliance with the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et seq.).
Added by Acts 1997, 75th Leg., ch. 76, Sec. 6, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter G. Optional Updated Service Credit for Transferred Service › Section 853.601. Ordinance Authorizing Updated Service Credit for Transferred Service

Sec. 853.601.  ORDINANCE AUTHORIZING UPDATED SERVICE CREDIT FOR TRANSFERRED SERVICE.  (a)  The governing body of a participating municipality in ordinances authorizing updated service credits under Section 853.401 may provide that those members who are eligible for such credits on the basis of service with the granting municipality, who have unforfeited credit for prior service or current service with another participating municipality or municipalities by reason of previous employment, and who are contributing members on the date prescribed by Section 853.402(e), shall be credited in the retirement system with updated service credit calculated in the manner prescribed by Sections 853.401 and 853.402, except that in determining the base updated service credit of the member under Section 853.402(c)(1), all unforfeited credited service performed by the member by reason of previous employment in other participating municipalities prior to the date prescribed by Section 853.402(e) shall be treated as if performed in the service of the municipality adopting the ordinance, and that amount shall be reduced by an amount equal to the sum of:
(1)  2 times the amount credited to the member's individual account on the date prescribed in Section 853.402(e), which any participating municipality has undertaken to match on a 1 to 1 ratio; plus
(2)  2.5 times the amount credited to the member's individual account, subject to a 1.5 to 1 matching ratio by any participating municipality; plus
(3)  3 times the amount credited to the member's individual account, subject to a 2 to 1 matching ratio by any participating municipality; and plus
(4)  the sum of all updated service credits, prior service credits, special prior service credits, and antecedent service credits allowed to the member by any other participating municipality by which the member was previously employed and to which the member is entitled.
(b)  If the member is granted an updated service credit by a previously employing municipality on or after the granting of an updated service credit under Subsection (a), the updated service credit granted under Subsection (a) shall be reduced by the amount of increase in credits resulting from the granting of updated service credits by the previous employer.
Added by Acts 1983, 68th Leg., p. 2977, ch. 512, Sec. 1, eff. Aug. 29, 1983.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.601 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. 11, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 10, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter A. General Provisions › Section 854.001. Types of Benefits

Sec. 854.001.  TYPES OF BENEFITS.  The types of benefits payable by the retirement system are:
(1)  service retirement benefits;
(2)  disability retirement benefits;  and
(3)  death benefits.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.001 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 854 - Benefits › Subchapter A. General Provisions › Section 854.002. Composition of Retirement Annuity

Sec. 854.002.  COMPOSITION OF RETIREMENT ANNUITY.  (a)  Each retirement annuity payable under this subtitle consists of a prior service annuity and a current service annuity.
(b)  A prior service annuity is actuarially determined from any updated service credit or any prior service, special prior service, or antecedent service credit in effect for a member on the date of retirement, plus accumulated interest.
(c)  A current service annuity is actuarially determined on the date of a member's retirement from the sum of:
(1)  the amount credited to the member's individual account; and
(2)  an additional amount from the benefit accumulation fund equal to the amount in the member's individual account or a greater amount authorized by a participating municipality under Section 855.501.
(d)  Notwithstanding any other provision of this subtitle, instead of an annuity, a person will receive from the retirement system a single payment equal to the sum of the following if on the date of that person's retirement that sum is $10,000 or less:
(1)  any updated service credit or any prior service, special prior service, or antecedent service credit for that person on the date of retirement, plus accumulated interest;
(2)  the amount credited to the person's individual account; and
(3)  an additional  amount from the benefit accumulation fund equal to the amount in the member's individual account or a greater amount authorized by a participating municipality under Section 855.501.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 223, ch. 18, Sec. 80, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 83, Sec. 5, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 121, Sec. 9, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 12, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter A. General Provisions › Section 854.003. Effective Date of Retirement

Sec. 854.003.  EFFECTIVE DATE OF RETIREMENT.  (a)  Except as provided by Subsections (b) and (d), the effective date of a member's service retirement is the date the member designates at the time the member applies for retirement under Section 854.101, but the date must be the last day of a calendar month and may not precede the date the member terminates employment with all participating municipalities.
(b)  If a member dies before retirement and an annuity becomes payable under Section 854.105, the member is considered to have retired on the last day of the month immediately preceding the month in which death occurred, except as provided by Subsection (e).
(c)  Except as provided by Subsections (b) and (d), the effective date of a member's disability retirement is the date designated on the application for retirement filed by or for the member as provided by Section 854.301, but the date must be the last day of a calendar month and may not precede the date the member terminates employment with all participating municipalities.
(d)  Notwithstanding any other provision of this subtitle, each distribution of a benefit under this subtitle must be determined and made in accordance with Section 401(a)(9) of the Internal Revenue Code of 1986, and its subsequent amendments, including the minimum incidental death benefit requirements of Section 401(a)(9)(G) of that code.  The board of trustees may adopt rules it determines necessary to comply with the distribution requirements, including rules under which a person is considered to have retired as a result of those requirements.
(e)  If the person who is eligible to receive an annuity under Subsection (b) is the member's surviving spouse, the person may elect, by notifying the retirement system not later than the 180th day after the date of the member's death, to leave the member's accumulated contributions on deposit with the retirement system until the date the member would have been eligible for service retirement.  If a surviving spouse makes an election under this subsection, the deceased member is considered to have retired on the last day of the month in which the member would have attained an age for service retirement eligibility.  An election under this subsection is revocable before the payment of the first annuity payment by filing a written application approved by the board of trustees to receive the member's accumulated contributions.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 9, eff. Jan. 1, 1994;  Acts 1995, 74th Leg., ch. 514, Sec. 9, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 121, Sec. 10, eff. Jan. 1, 2002;  Acts 2003, 78th Leg., ch. 599, Sec. 10, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter A. General Provisions › Section 854.004. When Annuity Is Payable; Changes Before First Payment

Sec. 854.004.  WHEN ANNUITY IS PAYABLE;  CHANGES BEFORE FIRST PAYMENT.  (a)  A retiree may change the retiree's choice of retirement annuity payment plans or the designation of beneficiary after the retiree's effective date of retirement by filing written notice with the board of trustees before the later of the date on which the retirement system makes the first payment or the date the first annuity payment becomes due.  After the first payment has been made by the retirement system or has become due, a retiree may not change the annuity payment plan selected and may not change the designated beneficiary except under Section 854.006.
(b)  For purposes of this section, the term "makes payment" includes the depositing in the mail of a payment or the crediting of an account with payment through electronic funds transfer.
(c)  An annuity under this subtitle is payable for a period beginning on the last day of the first month following the month in which retirement occurs and ending, except as otherwise provided by this subtitle, on the last day of the month in which death occurs.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 10, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 83, Sec. 6, eff. Dec. 31, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter A. General Provisions › Section 854.005. Reduction of Annuity Payments on Request

Sec. 854.005.  REDUCTION OF ANNUITY PAYMENTS ON REQUEST.  (a)  An annuitant by written request may authorize the retirement system to cease the annuitant's monthly payment or reduce the annuitant's monthly payment to an amount specified in the request.  In writing, the annuitant may subsequently request the retirement system to reinitiate or increase the annuitant's monthly payment at or to any specified amount that does not exceed the amount originally payable.
(b)  If the retirement system receives a request under Subsection (a), the director may cause the monthly annuity payment of the requesting annuitant to be reduced or increased as specified in the request.
(c)  Any amounts by which an annuity is reduced under this section are forfeited to the retirement system and are not recoverable by any person.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 11, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter A. General Provisions › Section 854.007. Limitation on Payment of Benefits

Sec. 854.007.  LIMITATION ON PAYMENT OF BENEFITS.  If the amount of a benefit payment under this subtitle would exceed the limitations provided by Section 415, Internal Revenue Code of 1986, and its subsequent amendments, and the regulations adopted under that section, the retirement system shall reduce the amount of the benefit to comply with that section.
Added by Acts 1993, 73rd Leg., ch. 57, Sec. 12, eff. Jan. 1, 1994.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 12 to 14, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 76, Sec. 7, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 121, Sec. 11, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter B. Service Retirement Benefits › Section 854.101. Application for Service Retirement

Sec. 854.101.  APPLICATION FOR SERVICE RETIREMENT.  A member may apply for service retirement by filing a retirement application with the board of trustees not later than the date specified by the member for retirement or, if the member has not previously selected an optional service retirement annuity under Section 854.105, not earlier than the 90th day before that date.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989;  Acts 2003, 78th Leg., ch. 599, Sec. 12, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter B. Service Retirement Benefits › Section 854.103. Standard Service Retirement Annuity

Sec. 854.103.  STANDARD SERVICE RETIREMENT ANNUITY.  (a)  The standard service retirement annuity payable under this subtitle is the sum of a member's prior service annuity and current service annuity.
(b)  A standard service retirement annuity is payable throughout the life of a retiree.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 121, Sec. 14, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter B. Service Retirement Benefits › Section 854.106. No Surviving Spouse, Executor, or Administrator

Sec. 854.106.  NO SURVIVING SPOUSE, EXECUTOR, OR ADMINISTRATOR.  (a)  If a surviving spouse, or the executor or administrator of a member's estate, would be entitled to make an election under Section 854.105 because of the death of the member, the heirs of the deceased member may make that election if:
(1)  no surviving spouse exists;
(2)  no petition for the appointment of a personal representative of the member is pending or has been granted;
(3)  30 days have elapsed since the death of the member;
(4)  the value of the entire assets of the member's estate, excluding homestead and exempt property, does not exceed $50,000;
(5)  there are not more than three heirs; and
(6)  on file with the retirement system is a certified copy of a small estates affidavit that has been approved and filed in accordance with Chapter 205, Estates Code, or an original affidavit as described by Subsection (b).
(b)  If no affidavit has been filed with the clerk of the court having jurisdiction and venue as provided by Chapter 205, Estates Code, the retirement system may accept instead an affidavit sworn to by two disinterested witnesses, by the heirs who have legal capacity, and, if the facts warrant, by the natural guardian or next of kin of any minor or incompetent who is also an heir.  The affidavit shall include the names and addresses of the heirs and witnesses, establish the facts listed in Subsection (a), include a list of the assets and liabilities of the estate, show the facts that constitute the basis for the right of the heirs to receive the estate, and show the fractional interests of the heirs in the estate as a result of those facts.
(c)  If the retirement system, acting through the director or a person designated by the director, approves the affidavit, the heirs can make the election if each heir agrees to the election.
(d)  In this section, "heirs" has the meaning assigned by Chapter 22, Estates Code, except that the term excludes any persons who have filed with the retirement system a proper disclaimer or renunciation.
Added by Acts 1995, 74th Leg., ch. 514, Sec. 15, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 121, Sec. 17, eff. Jan. 1, 2002.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.044, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter B. Service Retirement Benefits › Section 854.107. Designation of Beneficiary After Retirement Under Straight Life or Guaranteed Term Annuity

Sec. 854.107.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT UNDER STRAIGHT LIFE OR GUARANTEED TERM ANNUITY.  (a)  This section applies only to a retiree who marries after the date of the person's retirement and who at the time of retirement selected either:
(1)  a service or disability retirement annuity that would be payable throughout the retiree's life and would not be paid after the retiree's death, except as provided by Section 854.502;  or
(2)  a service or disability retirement annuity that would be payable throughout the retiree's life and, if the retiree dies before 60, 120, or 180 monthly annuity payments, as appropriate, have been made, would be payable for the remainder of those months.
(b)  A retiree described under Subsection (a) may replace the annuity by selecting an optional retirement annuity under Section 854.104(c)(1), (2), or (5) and by designating the person's spouse as beneficiary in the same manner as an annuity selection and designation of beneficiary may be made before retirement.
(c)  The selection under Subsection (b) must be filed with the retirement system before the first anniversary of the date of the marriage unless the postretirement marriage occurred before January 1, 2002, in which case the selection must be filed with the retirement system before January 1, 2003.
(d)  A person may make a postretirement designation of a beneficiary under this section only once.
(e)  The retirement system shall adjust the monthly payments of the annuity under the option selected to an actuarial equivalent amount of the annuity being paid immediately before the change in benefit option and beneficiary selection.
(f)  The selection of an optional annuity and designation of a beneficiary under this section is not effective if the retiree or beneficiary dies before the date the change is to take effect.
Added by Acts 2001, 77th Leg., ch. 121, Sec. 18, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter B. Service Retirement Benefits › Section 854.108. Designation of Beneficiary After Retirement Under Joint and Survivor Annuity

Sec. 854.108.  DESIGNATION OF BENEFICIARY AFTER RETIREMENT UNDER JOINT AND SURVIVOR ANNUITY.  (a)  This section applies only to a retiree who:
(1)  at the time of retirement selected an optional annuity providing that, after the retiree's death, payments would be made to a beneficiary throughout the remaining life of the beneficiary and the beneficiary predeceases the retiree;
(2)  marries after the date of the person's retirement;  and
(3)  has not previously replaced an annuity under this section.
(b)  A retiree described by Subsection (a) may replace an annuity by selecting an optional annuity under Section 854.104(c)(1), (2), or (5) and designating the person's spouse as beneficiary in the same manner as an annuity selection and designation of beneficiary may be made before retirement.
(c)  The selection under Subsection (b) must be filed with the retirement system before the first anniversary of the date of the marriage unless the postretirement marriage occurred before January 1, 2002, in which case the selection must be filed with the retirement system before January 1, 2003.
(d)  The retirement system shall adjust the monthly payments of the annuity under the option selected to an actuarial equivalent amount of the annuity being paid immediately before the change in benefit option and beneficiary selection.
(e)  The selection of an optional annuity and designation of a beneficiary under this section is not effective if the retiree or beneficiary dies before the date the change is to take effect.
Added by Acts 2001, 77th Leg., ch. 121, Sec. 18, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter C. Optional Service Retirement Benefits › Section 854.201. Optional Service Retirement Eligibility

Sec. 854.201.  OPTIONAL SERVICE RETIREMENT ELIGIBILITY.  (a)  The governing body of a municipality having an effective date of participation in the retirement system before May 29, 1969, by ordinance may authorize eligibility for a service retirement annuity as provided by this section.
(b)  The governing body may authorize a member who is an employee of the municipality to be eligible for service retirement who is at least 50 years old and has at least 25 years of credited service performed for one or more municipalities that either have authorized eligibility under this section or are subject to Section 854.102(d), or to terminate employment and remain eligible to retire and receive a service retirement annuity at any time after the member attains an applicable age provided by law for service retirement of employees of the municipality, if the member has at least 20 years of credited service performed for one or more municipalities that either have authorized eligibility under this section or are subject to Section 854.102(d).
(c)  A governing body may not adopt an ordinance under this section unless the actuary first determines that all obligations charged against the municipality's account in the benefit accumulation fund, including the obligations proposed in the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 224, ch. 18, Sec. 82, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.201 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. 14, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter C. Optional Service Retirement Benefits › Section 854.205. Five-Year Vesting

Sec. 854.205.  FIVE-YEAR VESTING.  (a)  This section applies to each municipality unless the municipality's governing board files with the board of trustees before December 31, 2001, an election to not provide for five-year vesting.  A governing board that elects to not provide five-year vesting may revoke that election by sending notice to the board of trustees to provide for five-year vesting.
(b)  After December 31, 2001, a member may terminate covered employment and remain eligible to retire and receive a service retirement annuity at any time after the member attains an applicable age as provided by law if the member has at least five years of credited service performed for one or more municipalities to which the five-year vesting provision under this section applies.
Added by Acts 2001, 77th Leg., ch. 121, Sec. 20, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.301. Application for Disability Retirement Annuity

Sec. 854.301.  APPLICATION FOR DISABILITY RETIREMENT ANNUITY.  (a)  A member may apply for a disability retirement annuity by:
(1)  filing an application for retirement with the board of trustees;  or
(2)  having an application filed with the board by the member's employer or legal representative.
(b)  An application for a disability retirement annuity may not be filed later than the date specified by the member for retirement or earlier than the 90th day before that date.
(c)  An applicant must submit to medical examination as required by the medical board.
(d)  A member may not apply for a disability retirement annuity under this subchapter after the date the member's participating municipality begins participation in the occupational disability benefits program under Subchapter E.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.301 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 599, Sec. 13, eff. Jan. 1, 2004.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 12, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.302. Eligibility for Disability Retirement Annuity

Sec. 854.302.  ELIGIBILITY FOR DISABILITY RETIREMENT ANNUITY.  (a)  A member who has less than 10 years of credited service in the retirement system is eligible to retire and receive a disability retirement annuity if the member is the subject of a certification issued as provided by Section 854.303(b)(1).
(b)  A member who has at least 10 years of credited service in the retirement system is eligible to retire and receive a disability retirement annuity if the member is the subject of a certification issued as provided by Section 854.303(b)(2). A member eligible to retire and receive a disability retirement annuity under this subsection may elect to retire and receive instead a service retirement benefit but may not receive both types of benefits.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 183, Sec. 10, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 466, Sec. 4, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.303. Certification of Disability

Sec. 854.303.  CERTIFICATION OF DISABILITY.  (a)  As soon as practicable after an application for disability retirement is filed, the medical board shall evaluate the medical and other pertinent information concerning the member's application.
(b)  The medical board shall issue a certification of disability and send it to the board of trustees if the medical board finds:
(1)  in the case of a member who has less than 10 years of credited service in the retirement system, that:
(A)  the member is mentally or physically incapacitated for the further performance of duty;
(B)  the incapacity is the direct result of injuries sustained during membership by external and violent means as a direct and proximate result of the performance of duty;
(C)  the incapacity is likely to be permanent;  and
(D)  the member should be retired;  or
(2)  in the case of a member who has at least 10 years of credited service in the retirement system, that:
(A)  the member is mentally or physically incapacitated for the further performance of duty;
(B)  the incapacity is likely to be permanent;  and
(C)  the member should be retired.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.303 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 466, Sec. 5, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.304. Standard Disability Retirement Annuity

Sec. 854.304.  STANDARD DISABILITY RETIREMENT ANNUITY.  (a)  The standard disability retirement annuity payable under this subtitle is the sum of a member's prior service annuity and current service annuity.
(b)  A prior service annuity is subject to reduction as provided by Section 855.308(f).
(c)  A standard disability retirement annuity is payable throughout the life of a retiree. When a retiree who receives an annuity under this section dies, an additional benefit may be payable under Section 854.502.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 226, ch. 18, Sec. 86, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.304 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1999, 76th Leg., ch. 83, Sec. 11, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 121, Sec. 21, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.305. Optional Disability Retirement Annuity

Sec. 854.305.  OPTIONAL DISABILITY RETIREMENT ANNUITY.  (a)  Instead of the standard disability retirement annuity payable under Section 854.304, a member retiring for disability may elect to receive an optional disability retirement annuity under this section.
(b)  An optional disability retirement annuity is payable throughout the life of the retiree and is actuarially adjusted from the standard 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 disability retirement annuity, a member or retiree must make the selection and designate a beneficiary on a form prescribed by and filed with the board of trustees before the 31st day after the effective date of retirement.
(f)  If a disability retirement annuity is discontinued under Section 854.308, any selection of an option that applies to the annuity becomes void.
(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 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 1981, 67th Leg., 1st C.S., p. 226, ch. 18, Sec. 87, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.3041 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 76, Sec. 11, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 83, Sec. 12, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 121, Sec. 22, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.306. Medical Examination of Disability Retiree

Sec. 854.306.  MEDICAL EXAMINATION OF DISABILITY RETIREE.  (a)  Once each year during the first five years after a person retires for disability, and once in each three-year period after that, the board of trustees may require a disability retiree who is less than 60 years old to undergo a medical examination by one or more physicians designated by the board.
(b)  If a disability retiree refuses to submit to a medical examination as provided by this section, the board of trustees shall suspend the retiree's annuity payments until the retiree submits to an examination.  If a retiree has not submitted to an examination as provided by this section before the first anniversary of the date of first refusal, the board shall revoke all rights of the retiree to an annuity.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.305 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 466, Sec. 6, eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 854 - Benefits › Subchapter D. Disability Retirement Benefits › Section 854.307. Certification of End of Disability

Sec. 854.307.  CERTIFICATION OF END OF DISABILITY.  (a)  If the medical board finds that a disability retiree is no longer mentally or physically incapacitated for the performance of duty or is able to engage in gainful occupation, it shall certify its findings and submit them to the board of trustees.
(b)  If the board of trustees concurs in a certification under this section, it shall discontinue annuity payments to the retiree.
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. 88, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.306 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 D. Disability Retirement Benefits › Section 854.308. Return of Disability Retiree to Active Service or Employment

Sec. 854.308.  RETURN OF DISABILITY RETIREE TO ACTIVE SERVICE OR EMPLOYMENT.  (a)  If a retiree who is less than 60 years old and who is receiving a disability retirement annuity resumes employment with a participating municipality or otherwise becomes gainfully employed, the person automatically resumes membership in the retirement system, and the board of trustees shall terminate the person's annuity payments.
(b)  If a person resumes membership under this section, the retirement system shall restore to effect any prior service credit, special prior service credit, antecedent service credit, or updated service credit used in determining the amount of the person's annuity at the time of disability retirement.  If the person subsequently retires, the retirement system shall allow the person credit for all current service for which required contributions have been made and not withdrawn.
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. 89, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.307 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 D. Disability Retirement Benefits › Section 854.309. Refund at Annuity Discontinuance

Sec. 854.309.  REFUND AT ANNUITY DISCONTINUANCE.  (a)  Except as provided by Subsection (b), if a disability retirement annuity is discontinued under Section 854.307 or the right to an annuity revoked under Section 854.306(b), the retiree is entitled to a lump-sum payment in an amount, if any, by which the amount in the retiree's individual account at the time of disability retirement exceeds the amount of current service annuity payments made before the date the annuity was discontinued or the right to an annuity revoked.
(b)  The benefit provided by this section is not payable to a retiree who resumes employment with a participating subdivision or otherwise becomes gainfully employed.
(c)  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. 227, ch. 18, Sec. 90, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.308 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. 17, 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 854.401. Eligibility for Supplemental Disability Retirement Annuity

Sec. 854.401.  ELIGIBILITY FOR SUPPLEMENTAL DISABILITY RETIREMENT ANNUITY.  (a)  A member as an employee of a municipal department included, as provided by Section 852.003, in the coverage of the supplemental disability benefits fund is eligible to retire and receive a supplemental disability retirement annuity if the member:
(1)  is eligible to receive a disability retirement annuity under Section 854.302;
(2)  is the subject of a certification and finding under Section 854.402, as well as a certification under the applicable finding provided by Section 854.303;  and
(3)  filed an application for the benefits before January 1, 1989.
(b)  Any claim for supplemental disability benefits not filed with the board of trustees before January 1, 1989, is barred.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 183, Sec. 11, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.