reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 851 - General Provisions › Subchapter A. General Provisions › Section 851.005. Action for Accounting

Sec. 851.005.  ACTION FOR ACCOUNTING.  (a)  The retirement system or the board of trustees may initiate, or cause to be initiated on its behalf, an action against a participating municipality, a board of the municipality, or individual officers of the municipality, to compel an accounting of sums due to the retirement system or to require the withholding and accounting of sums due from members.
(b)  The venue of an action brought under this section is in either Travis County or a county in which the municipality is situated.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 61.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 851 - General Provisions › Subchapter A. General Provisions › Section 851.006. Exemption From Execution

Sec. 851.006.  EXEMPTION FROM EXECUTION.  (a)  Except as provided by Subsection (b), all retirement annuity payments, other benefit payments, and a member's accumulated contributions are unassignable and are exempt from execution, garnishment, attachment, and state and local taxation.
(b)  The board of trustees by rule may authorize the retirement system to make distributions to pay the qualified health insurance premiums of a public safety officer in accordance with the provisions of Section 845, Pension Protection Act of 2006, Pub. L. No. 109-280.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 61.006 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 293 (H.B. 1244), Sec. 1, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 851 - General Provisions › Subchapter B. Penal Provisions › Section 851.101. Offenses; Penalty

Sec. 851.101.  OFFENSES;  PENALTY.  (a)  A person commits an offense if the person knowingly makes a false statement in a report or application to the retirement system in an attempt to defraud the retirement system.
(b)  A person commits an offense if the person knowingly makes a false certificate of an official report to the retirement system.
(c)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, confinement in jail for not less than 30 days nor more than one year, or both.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 61.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.001. Election to Participate

Sec. 852.001.  ELECTION TO PARTICIPATE.  (a)  By vote of its governing body in the manner required for other official actions, a municipality may elect to have one or more of its departments participate in the retirement system and be subject to the provisions of this subtitle.
(b)  The governing body of a municipality shall notify the board of trustees of an election under this section and shall identify the participating departments before the 11th day after the date of election.
(c)  A department begins participation in the retirement system on the first day of the second month after the month the board of trustees receives notice of an election to participate.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.001 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 852 - Membership › Subchapter A. Municipal Participation › Section 852.002. Referendum on Participation

Sec. 852.002.  REFERENDUM ON PARTICIPATION.  (a)  If qualified voters representing at least 10 percent of the total votes cast at the most recent regular municipal election petition the governing body of a municipality for an election on the issue of participation in the retirement system by the municipality or specified departments of the municipality, the governing body shall make arrangements for an election to be held before the 61st day after the day the petition is filed.
(b)  If a majority of the votes cast in an election under this section favor municipal or departmental participation in the retirement system, the governing body of the municipality immediately shall elect to participate.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.003. Supplemental Disability Benefits Fund

Sec. 852.003.  SUPPLEMENTAL DISABILITY BENEFITS FUND.  (a)  A municipality may not elect to participate in the supplemental disability benefits fund after August 31, 1987.
(b)  Each municipality that elected to participate in the supplemental disability benefits fund before September 1, 1987 ceases participation in that fund at midnight on December 31, 1987, and its employees shall cease to be covered for supplemental disability benefits as to any injuries subsequently sustained.  Each municipality participating in the supplemental disability fund on December 31, 1987, is entitled to participate in any distributions and transfers authorized by the board of trustees pursuant to Section 855.313.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 183, Sec. 2, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.004. Supplemental Death Benefits Fund

Sec. 852.004.  SUPPLEMENTAL DEATH BENEFITS FUND.  (a)  If a municipality has one or more departments participating in the retirement system on a full-salary basis, the municipality may elect to participate in the supplemental death benefits fund.
(b)  A municipality that elects to participate in the fund may elect coverage providing postretirement death benefits in addition to coverage providing in-service death benefits.
(c)  Repealed by Acts 1997, 75th Leg., ch. 76, Sec. 15, eff. Sept. 1, 1997.
(d)  A municipality that elects to participate in the fund after the operative date of the fund may begin participation on the first day of any month after the month in which the municipality gives notice of its election to the board of trustees.
(e)  If a municipality has previously discontinued participation in the fund, the board of trustees in its discretion may restrict the right of the municipality to participate again.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 219, ch. 18, Sec. 67, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.005. Status as a Municipality

Sec. 852.005.  STATUS AS A MUNICIPALITY.  (a)  For the purposes of this subtitle, the Texas Municipal Retirement System, the pension system provided under Article 6243a-1, Revised Statutes, and the Texas Municipal League, have the standing of municipalities.
(b)  The standing of the pension system provided under Article 6243a-1, Revised Statutes, as a municipality under Subsection (a) applies only with respect to the system and the system's employees.  Subsection (a) does not require or authorize:
(1)  a person who is a member, pensioner, alternate payee, or other beneficiary of the pension system provided under Article 6243a-1, Revised Statutes, to participate in the Texas Municipal Retirement System;  and
(2)  the consolidation of both public retirement systems or the transfer of a fund or any plan created or maintained under former Article 6243a, Revised Statutes, or Article 6243a-1, Revised Statutes, to the Texas Municipal Retirement System.
(c)  For the purposes of this subtitle, a fire or police department has the standing of a municipality if:
(1)  the department:
(A)  was created and is operating under an interlocal cooperation agreement that has existed at least 15 years and was executed by two or more municipalities located in a county with a population of at least 3.3 million;
(B)  is supervised by an administrative agency appointed by the contracting municipalities;  and
(C)  provides common fire protection or law enforcement services to the contracting municipalities;  and
(2)  the governing body of each municipality that is a party to the agreement has voted by ordinance or resolution to accept responsibility, in a manner to be determined by the participating municipalities, for all payments required of and obligations incurred by the department under this subtitle in the event that the interlocal cooperation agreement is dissolved or expires;  and
(3)  all ordinances adopted by the participating municipalities with regard to the participation are approved by the board of trustees.
(d)  The governing board of the supervising administrative agency by order may take an action for a department described by Subsection (c) that is required or authorized by this subtitle to be made by municipal ordinance.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 219, ch. 18, Sec. 68, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.005 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 514, Sec. 3, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 1006, Sec. 1, eff. June 17, 1995;  Acts 2001, 77th Leg., ch. 669, Sec. 22, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 28, eff. January 1, 2020.
Acts 2021, 87th Leg., R.S., Ch. 735 (H.B. 4068), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.006. Termination of Participation

Sec. 852.006.  TERMINATION OF PARTICIPATION.  (a)  Except as provided by this section, a municipality may not terminate participation in the retirement system if the municipality has employees who are members of the system, but the municipality may elect to discontinue the participation in the system of persons employed or reemployed after the date of an election to discontinue.
(b)  If before November 1 of any year a municipality gives written notice of its intention to the retirement system, the municipality may terminate coverage under, and discontinue participation in, the supplemental death benefits fund.  A termination under this subsection is effective on January 1 of the year following the year in which notice is given.
(c)  If a municipality participating in the retirement system has no employees who are members of the system and has no present or potential liabilities as a result of the participation of former employees, the municipality, on receiving a refund under Section 855.319, ceases participation in the system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.006 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter A. Municipal Participation › Section 852.007. Municipality Not Agent of System

Sec. 852.007.  MUNICIPALITY NOT AGENT OF SYSTEM.  Neither a municipality that participates in the retirement system nor any employee or officer of a participating municipality has authority to act as an agent of the retirement system.  An action of or inaction on the part of a participating municipality or its employee or officer is not binding on the retirement system.
Added by Acts 1993, 73rd Leg., ch. 57, Sec. 3, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.101. General Membership Requirement

Sec. 852.101.  GENERAL MEMBERSHIP REQUIREMENT.  (a)  Except as otherwise provided by this subchapter, a person who is not a member becomes a member of the retirement system if:
(1)  on the date a municipal department's participation in the retirement system becomes effective, the person is an employee of the department;
(2)  after August 31, 1987, the person becomes an employee of a participating department;  or
(3)  the person on August 31, 1987, is an employee of a participating department but is not a member because at the time of employment the person's age exceeded the maximum age for becoming a member.
(b)  Any person to whom Subsection (a)(1) applies becomes a member of the retirement system on the date the department's participation becomes effective, and any person to whom Subsection (a)(2) applies becomes a member of the retirement system on the date the person is employed.  A person to whom Subsection (a)(3) applies becomes a member of the retirement system on September 1, 1987.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 183, Sec. 3, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.102. Exception to General Membership Requirement

Sec. 852.102.  EXCEPTION TO GENERAL MEMBERSHIP REQUIREMENT.  (a)  If on the effective date of participation of the employing department, a person had with a municipality an employment contract that is violated by the membership requirement of Section 852.101(a)(1), the person is not required, but may elect, to become a member of the retirement system.
(b)  If a person who is qualified to make an election under this section has been notified that the municipality has elected to participate in the retirement system, or if the person makes contributions to the retirement system, the person is considered to have elected membership in the retirement system unless before the date the municipality's participation becomes effective the person files with the board of trustees written notice of an election not to become a member.
(c)  A person who elects under this section not to become a member may never become a member of the retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.103. Withdrawal of Contributions; Rollover Distributions

Sec. 852.103.  WITHDRAWAL OF CONTRIBUTIONS;  ROLLOVER DISTRIBUTIONS.  (a)  A living person who is not an employee of a participating department and who has not retired may, after application, withdraw all of the accumulated contributions credited to the person's individual account, and the retirement system shall close the account.
(b)  The retirement system shall, in accordance with Section 401(a)(31) of the Internal Revenue Code of 1986 and its subsequent amendments and related regulations, permit the distributee of an eligible rollover distribution to elect to have the distribution paid directly to an eligible retirement plan specified by the distributee in the form of a direct trustee-to-trustee transfer.  The board of trustees may adopt rules to implement this subsection.
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. 62.103 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 4, eff. Jan. 1, 1994;  Acts 2003, 78th Leg., ch. 599, Sec. 3, 4, eff. Jan. 1, 2004.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.104. Termination of Membership

Sec. 852.104.  TERMINATION OF MEMBERSHIP.  (a)  Except as otherwise provided by this section, a person terminates membership in the retirement system by:
(1)  death;
(2)  retirement;
(3)  withdrawal of all of the person's contributions while the person is absent from service;  or
(4)  absence from service for more than 60 consecutive months.
(b)  A member of the retirement system is not absent from service during periods of military or war-related service for which the member is allowed credited service under Section 853.501.
(c)  If a member of the retirement system is an employee of a participating department of a municipality that, as provided by this subtitle, allows a person to terminate employment and remain eligible for retirement after accumulating a specified amount of credited service, and if the person meets the requirement, the person may terminate employment and is not subject to loss of membership because of absence from service.
(d)  Termination of membership in the retirement system terminates membership in the supplemental disability benefits fund.
(e)  A member of the retirement system is not absent from service during any leave of absence granted by the employing municipality under the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.), and its subsequent amendments, to the extent that the leave does not exceed 12 weeks in duration.
Added by Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 462, Sec. 3, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.104 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(c), eff. Aug. 26, 1991;  Acts 2003, 78th Leg., ch. 599, Sec. 5, eff. Jan. 1, 2004.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.105. Optional Prior Service Credits

Sec. 852.105.  OPTIONAL PRIOR SERVICE CREDITS.  (a)  The governing body of a municipality that has an effective date of participation in the retirement system before September 1, 1987, and that allows service retirement of a member at age 60 or older with at least 10 years of credited service may by ordinance allow prior service credit for service performed for the municipality before September 1, 1987, by any person who at the time of performing the service was not a member because at the time of employment the person's age exceeded the maximum age for becoming a member.
(b)  A governing body may not adopt an ordinance under this section unless the actuary first determines, on the basis of mortality and other tables adopted by the board of trustees, that all obligations of the municipality to the benefit accumulation fund, including obligations proposed under the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 219, ch. 18, Sec. 69, eff. Jan. 1, 1982;  Acts 1987, 70th Leg., ch. 183, Sec. 4, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.105 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. 3, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.106. Ineligibility for Membership; Multiple Retirement System Membership

Sec. 852.106.  INELIGIBILITY FOR MEMBERSHIP;  MULTIPLE RETIREMENT SYSTEM MEMBERSHIP.  (a)  Except as provided by this section, a person who is elected to public office is not an employee eligible for membership in the retirement system.
(b)  A person may simultaneously receive credit or benefits for service performed during the same period in the retirement system and the federal program providing old age and survivors insurance.
(c)  If a volunteer firefighter or an elected officer is employed by a participating municipality in another capacity that satisfies the definition of "employee" under this subtitle, the person may be a member of, and receive service credit in, the retirement system for service performed in the other capacity.
(d)  If a person is elected to an office of a municipality that began participating in the retirement system after December 31, 1981, the person is required to become a member of the retirement system as of the date the person takes office or the effective date of participation, whichever is later.  If a person is elected to an office of a municipality that has adopted an ordinance under Section 852.107, the person is required to become a member of the retirement system as of the date the person takes office or the effective date of the ordinance, whichever is later.
(e)  A person may simultaneously be a member of this retirement system and another state or local retirement system authorized or established under Section 67, Article XVI, Texas Constitution.  However, a person may receive a benefit from this system only to the extent that the amount of the benefit is computed solely with respect to the member's compensation and accumulated contributions as those terms are defined in this subtitle.  Service credited with or allowed by another retirement system may not be counted for purposes of retirement eligibility in this retirement system except in accordance with the provisions of the proportionate retirement program described by Chapter 803.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 219, ch. 18, Sec. 70, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.106 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 121, Sec. 2, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.107. Optional Membership Requirement for Elected Officers

Sec. 852.107.  OPTIONAL MEMBERSHIP REQUIREMENT FOR ELECTED OFFICERS.  (a)  The governing body of a municipality that began participation in the retirement system before January 1, 1982, by ordinance may provide that persons who hold and are regularly engaged in the performance of duties of an elective office that normally requires actual performance of services in a participating department of the municipality for not less than 1,000 hours a year are employees required to become members of the retirement system.
(b)  An ordinance under this section takes effect on the first day of any calendar month after adoption that is designated by the governing body adopting the ordinance.
(c)  A person required to become a member under an ordinance adopted under this section becomes a member on the effective date of the ordinance or the date the person takes office, whichever is later, unless the date the person takes office is after the effective date of the ordinance and the person is then ineligible for membership under applicable age restrictions of this subtitle.
(d)  A person who becomes a member as provided by this section is entitled to prior service credit as provided by Section 853.302.
Added by Acts 1981, 67th Leg., 1st C.S., p. 220, ch. 18, Sec. 71, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 62.107 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.1085. Resumption of Service With Same Employer by Certain Retirees

Sec. 852.1085.  RESUMPTION OF SERVICE WITH SAME EMPLOYER BY CERTAIN RETIREES.  Notwithstanding Section 852.108, a person who retired because the department in the municipality in which the person worked was privatized and who later resumes employment in the same department or a successor department in the person's reemploying municipality again becomes a member of the retirement system and the person's retirement annuity is not suspended in the same manner provided by Section 852.109 for a person who resumes employment with a different municipality.
Added by Acts 2007, 80th Leg., R.S., Ch. 1099 (H.B. 3392), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 852 - Membership › Subchapter B. Membership › Section 852.110. Correction of Errors

Sec. 852.110.  CORRECTION OF ERRORS.  (a)  The retirement system, under rules adopted by the board of trustees, shall correct an error in current service performed, or current service credit that should have been received, not more than four years before the date an application for the correction, on a form approved by the board of trustees, is received by the retirement system.
(b)  The retirement system shall correct an error in prior service credit if the retirement system receives the person's written application for the correction not later than the fourth anniversary of the later of the date the municipality began participation in, or the person first became a member of, the retirement system.
Added by Acts 1999, 76th Leg., ch. 83, Sec. 2, eff. Dec. 31, 1999.  Amended by Acts 2003, 78th Leg., ch. 599, Sec. 6, 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 A. General Provisions › Section 853.001. Types of Creditable Service

Sec. 853.001.  TYPES OF CREDITABLE SERVICE.  The types of service creditable as credited service in the retirement system are prior service and current service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.001 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 853 - Creditable Service › Subchapter A. General Provisions › Section 853.0015. Excluded Prior Service Credit

Sec. 853.0015.  EXCLUDED PRIOR SERVICE CREDIT.  If a member is entitled to receive excluded prior service credit under this chapter, the excluded prior service credit certified to the member:
(1)  may only be used to satisfy length of service requirements for vesting and retirement eligibility; and
(2)  may not be used to determine eligibility for or computation of updated service credits.
Added by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 4, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter A. General Provisions › Section 853.002. Benefit Eligibility Based on Credited Service

Sec. 853.002.  BENEFIT ELIGIBILITY BASED ON CREDITED SERVICE.  A member's eligibility to receive a benefit is based on credited service at the time of retirement.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter A. General Provisions › Section 853.003. Buy Back of Credited Service Previously Canceled

Sec. 853.003.  BUY BACK OF CREDITED SERVICE PREVIOUSLY CANCELED.  (a)  An eligible member who has withdrawn contributions and canceled credited service in the retirement system may reestablish the canceled credit in the system if the governing body of the municipality that currently employs the member by ordinance authorizes reestablishment of the credit by eligible employee members.
(b)  A member eligible to reestablish credit under this section is one who has, since resuming membership, at least 24 consecutive months of credited service as an employee of the municipality for which the ordinance was adopted.
(c)  A member may reestablish credit by depositing with the retirement system in a lump sum the amount withdrawn from the system, plus a withdrawal charge computed at an annual rate of five percent from the date of withdrawal to the date of redeposit.
(d)  Credit reestablished under this section is treated as if all service on which the credit is based were performed for the municipality authorizing the reestablishment.
(e)  A governing body may not adopt an ordinance under Subsection (a) 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. 220, ch. 18, Sec. 72, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.003 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. 6, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 3, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter A. General Provisions › Section 853.004. Rules for Creditable Service

Sec. 853.004.  RULES FOR CREDITABLE SERVICE.  The board of trustees may adopt rules necessary or desirable to implement this chapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 4, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.101. Creditable Prior Service

Sec. 853.101.  CREDITABLE PRIOR SERVICE.  Prior service creditable in the retirement system is:
(1)  service performed as an employee of a participating department of a municipality before the date the department's participation in the retirement system became effective;
(2)  for a person who becomes a member of the retirement system under Section 852.105, service performed as an employee of a participating department during a time the person was ineligible for membership because of age;  or
(3)  for a person entitled to prior service credit under Section 853.102(a)(3), service for which current service credit has not been granted that was performed as an employee of a participating department during a time the person was ineligible to participate because of age.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 220, ch. 18, Sec. 73, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.102. Eligibility for Prior Service

Sec. 853.102.  ELIGIBILITY FOR PRIOR SERVICE.  (a)  A member is eligible to receive credit in the retirement system for prior service if the member:
(1)  became a member as an employee of a department of a municipality on the effective date of the department's participation in the retirement system;
(2)  became a member as an employee of a department of a municipality before the fifth anniversary of the effective date of the department's participation and continued as an employee of a participating department of the municipality for at least five consecutive years after reemployment;  or
(3)  became a member September 1, 1987, by virtue of Sections 852.101(a)(3) and (b) and has service before that date with a municipality that has adopted the provisions of Section 852.105.
(b)  The board of trustees may adopt rules concerning eligibility for prior service under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 221, ch. 18, Sec. 74, eff. Jan. 1, 1982;  Acts 1987, 70th Leg., ch. 183, Sec. 6, eff. Aug. 31, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.102 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.103. Statement of Prior Service

Sec. 853.103.  STATEMENT OF PRIOR SERVICE.  A member may claim credit for prior service by filing a detailed statement of the service with the city clerk or city secretary of the municipality for which the service was performed.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.103 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 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.104. Certification of Service and Average Compensation

Sec. 853.104.  CERTIFICATION OF SERVICE AND AVERAGE COMPENSATION.  (a)  As soon as practicable after a member files a statement of prior service under Section 853.103, the municipality that employs the person who receives the statement shall verify the prior service claimed and certify to the board of trustees the amount of service approved and the member's average prior service compensation.
(b)  The average prior service compensation of a member is computed as the average monthly compensation for service performed for a participating department of the municipality:
(1)  for the 36 months immediately preceding the effective date of the department's participation in the retirement system;  or
(2)  if the member did not perform service in each of the 36 months immediately preceding participation, for the number of months of service within the 36-month period.
(c)  The board of trustees may adopt rules concerning verification and certification of service and compensation under this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.104 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.106. Prior Service Certificate

Sec. 853.106.  PRIOR SERVICE CERTIFICATE.  (a)  After determining a member's prior service credit under Section 853.105, the retirement system shall issue to the member a prior service certificate stating:
(1)  the number of months of prior service credited;
(2)  the average prior service compensation; and
(3)  the prior service credit.
(b)  As long as a person remains a member, the person's prior service certificate is, for purposes of retirement, conclusive evidence of the information it contains, except that a member or participating municipality may request that the retirement system correct an error in the prior service certificate in accordance with Section 852.110.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.106 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 6, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter B. Establishment of Prior Service › Section 853.107. Void Prior Service Certificate

Sec. 853.107.  VOID PRIOR SERVICE CERTIFICATE.  (a)  When a person's membership in the retirement system is terminated, any prior service certificate issued to the person becomes void.
(b)  A person whose membership has terminated and who subsequently resumes membership in the retirement system is not entitled to credit for prior service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.107 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter C. Establishment of Current Service › Section 853.201. Creditable Current Service

Sec. 853.201.  CREDITABLE CURRENT SERVICE.  Service performed as an employee member of a participating department of a municipality is credited in the retirement system for each month for which the required contributions are made by the member.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.201 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 853 - Creditable Service › Subchapter D. Optional Service › Section 853.301. Service for Certain Public Facilities

Sec. 853.301.  SERVICE FOR CERTAIN PUBLIC FACILITIES.  (a)  The governing body of a participating municipality by ordinance may authorize the granting of prior service credit in the retirement system for service performed in a public hospital, utility, or other public facility currently operated by the municipality, during a time the facility was operated by a unit of government other than the municipality and before:
(1)  the effective date of the municipality's participation in the retirement system, if the facility was acquired by the municipality before that date;  or
(2)  the date of acquisition of the facility, if the facility was acquired after the effective date of the municipality's participation in the retirement system.
(b)  A member eligible to receive credit under this section after an ordinance is adopted under Subsection (a) is one who was employed by the municipality at a public facility:
(1)  on the effective date of the municipality's participation, for service under Subsection (a)(1);  or
(2)  on the date of acquisition of the facility, for service under Subsection (a)(2).
(c)  All credit authorized by a municipality under this section is treated as if it were performed for the municipality.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.301 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter D. Optional Service › Section 853.302. Service for Elected Officers

Sec. 853.302.  SERVICE FOR ELECTED OFFICERS.  An elected officer who becomes a member of the retirement system on the effective date of an ordinance adopted under Section 852.107 is entitled to prior service credit computed as provided by Section 853.105, except that if the employing municipality has granted updated service credits, the percentage to be used in computing a prior service credit under this section is the percentage of the base updated service credit that was most recently used by the municipality in computing updated service credits.
Added by Acts 1981, 67th Leg., 1st C.S., p. 221, ch. 18, Sec. 76, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.302 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter D. Optional Service › Section 853.304. Prior Service Credit for Probationary Employment

Sec. 853.304.  PRIOR SERVICE CREDIT FOR PROBATIONARY EMPLOYMENT.  (a)  The governing body of a participating municipality which prior to September 1, 1989, engaged persons beginning work with the municipality on a probationary basis for a specified period and consequently did not enroll the person as a member of the system until the probationary period expired may by ordinance allow prior service credit for service performed during the period of probationary employment (not exceeding six months) with the municipality.
(b)  After the retirement system receives a copy of a municipality's ordinance described by Subsection (a), the retirement system shall furnish to the municipality a report containing the names of employees who, according to the retirement system's records, are eligible to receive prior service credit for probationary employment.
(c)  As soon as practicable after the municipality receives a report under Subsection (b), the municipality shall verify the information in the report and certify to the retirement system the number of months of probationary employment to which each employee listed on the report appears to be entitled and the average monthly compensation paid to the member during the period of probationary employment.
(d)  The certification by the municipality must be received by the retirement system not later than the first anniversary of the effective date of the ordinance allowing the credit.  After receiving the certification from the municipality described by Subsection (c), the board of trustees shall determine the prior service credit allowable to the member in the manner provided in Section 853.105.
Added by Acts 1991, 72nd Leg., ch. 16, Sec. 11.01(b), eff. Aug. 26, 1991.  Amended by Acts 2001, 77th Leg., ch. 121, Sec. 6, eff. Jan. 1, 2002.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter E. Optional Increases in Service Credits › Section 853.401. Ordinance Authorizing Updated Service Credits

Sec. 853.401.  ORDINANCE AUTHORIZING UPDATED SERVICE CREDITS.  (a)  Except as provided by Subsection (b) and Section 853.0015, the governing body of a participating municipality by ordinance may authorize the crediting in the retirement system of updated service credits for service performed for the municipality by members.  Beginning January 1, 2022, a member must be a contributing employee of the municipality on the date prescribed by Section 853.402(e) to be eligible to receive an updated service credit authorized under this section.  An updated service credit authorized under this section replaces any updated service credit or prior service credit previously authorized for part of the same service.
(b)  A municipality may not authorize updated service credits for members who had less than 36 months of credited service on the date prescribed by Section 853.402(e).
(c)  In adopting an ordinance under this section, a governing body shall specify the percentage of base updated service credits to be used in computing updated service credits for employees of the municipality and shall specify the date the updated service credits will take effect.  The percentage adopted may be 50 percent, 75 percent, or 100 percent of a base updated service credit.  The effective date must be January 1 of a year specified by the governing body.  If the governing body of a municipality has specified a different percentage in an ordinance adopted under Section 853.404(a) and in effect on December 31, 1999, the percentage used in computing updated service credits for employees of that municipality remains in effect until changed or discontinued under Section 853.404.
(d)  A governing body that adopts an ordinance under this section shall send it to the retirement system, and the system must receive it before the effective date of the updated service credits authorized in the ordinance.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 221, ch. 18, Sec. 77, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.401 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 57, Sec. 7, eff. Jan. 1, 1994;  Acts 1999, 76th Leg., ch. 83, Sec. 3, eff. Dec. 31, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 991 (S.B. 1337), Sec. 8, eff. January 1, 2020.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle G - Texas Municipal Retirement System › Chapter 853 - Creditable Service › Subchapter E. Optional Increases in Service Credits › Section 853.403. Approval of Ordinance

Sec. 853.403.  APPROVAL OF ORDINANCE.  (a)  An ordinance adopted under Section 853.401 may not take effect unless the board of trustees approves the ordinance as meeting the requirements of this section.  The board may not approve an ordinance unless the actuary first determines, and the board concurs in the determination, that all obligations charged against the municipality's account in the benefit accumulation fund, including obligations proposed in the ordinance, can be funded by the municipality within its maximum total contribution rate and within its amortization period as in effect on the date the updated service credits take effect.
(b)  The board of trustees may adopt rules it finds necessary to ensure that the retirement system receives in a timely manner from a municipality the certified information the actuary requires to make the necessary determinations before the date the updated service credits take effect.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 222, ch. 18, Sec. 78, eff. Jan. 1, 1982.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 63.403 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 76, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 8, eff. June 17, 2011.