reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840 - Administration › Subchapter E. Miscellaneous Administrative Procedures › Section 840.403. Reproduction and Preservation of Records

Sec. 840.403.  REPRODUCTION AND PRESERVATION OF RECORDS.  (a)  The retirement system may photograph, microphotograph, or film any record in its possession.
(b)  If a record is reproduced under Subsection (a), the retirement system may destroy or dispose of the original record if the system first:
(1)  places the reproduction in a conveniently accessible file;  and
(2)  provides for the preservation, examination, and use of the reproduction.
(c)  A photograph, microphotograph, or film of a record reproduced under Subsection (a) is equivalent to the original record for all purposes, including introduction as evidence in all courts and administrative agency proceedings.  A duly certified or authenticated copy of such a photograph, microphotograph, or film is admissible as evidence equally with the original photograph, microphotograph, or film.
(d)  The executive director or an authorized representative may certify the authenticity of a photograph, microphotograph, or film of a record reproduced under this section and shall charge a fee for the certified photograph, microphotograph, or film as provided by law.
(e)  Certified records shall be furnished to any person who is authorized by law to receive them.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 75.403 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 E - Judicial Retirement System of Texas Plan Two › Chapter 840 - Administration › Subchapter E. Miscellaneous Administrative Procedures › Section 840.404. Budget and Actuarial Information

Sec. 840.404.  BUDGET AND ACTUARIAL INFORMATION.  The retirement system shall keep, in convenient form, data necessary for actuarial valuation of the funds of the retirement system and for checking the system's expenses.
Added by Acts 1985, 69th Leg., ch. 602, Sec. 1, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 75.404 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840 - Administration › Subchapter E. Miscellaneous Administrative Procedures › Section 840.405. Trustee-to-Trustee Transfer

Sec. 840.405.  TRUSTEE-TO-TRUSTEE TRANSFER.  Notwithstanding Section 836.004 and to the extent required as a condition of plan qualification under Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401), the retirement system shall, in accordance with Section 401(a)(31) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)(31)) 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 carry out this section.  Terms used in this section have the meanings assigned by the Internal Revenue Code of 1986 (Title 26, United States Code).
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 41, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840 - Administration › Subchapter E. Miscellaneous Administrative Procedures › Section 840.406. Plan Qualification

Sec. 840.406.  PLAN QUALIFICATION.  (a)  The provisions of this subtitle shall be interpreted and administered in a manner that permits the retirement system's benefit plan to be considered a qualified plan under Section 401, Internal Revenue Code of 1986 (26 U.S.C. Section 401).  The board of trustees may adopt rules necessary to accomplish that purpose, and those rules are considered a part of the plan.
(b)  The retirement system's benefit plan shall be considered the primary retirement plan for members of the retirement system in determining qualification status under Section 401(a), Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)).
Added by Acts 1993, 73rd Leg., ch. 791, Sec. 42, eff. Sept. 1, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840 - Administration › Subchapter E. Miscellaneous Administrative Procedures › Section 840.407. Excess Benefit Arrangement

Sec. 840.407.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system.  This excess benefit arrangement shall be administered as a governmental excess benefit arrangement under Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess benefit arrangement is to pay to annuitants of the retirement system benefits otherwise payable by the retirement system that exceed the limitations on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).
(b)  The board of trustees is responsible for the administration of this arrangement.  Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities concerning the excess benefit arrangement as it has to the trust fund.
(c)  Benefits under this section are exempt from execution to the same extent as provided by Section 836.004, except that the benefits are completely unassignable.  Contributions to this arrangement are not held in trust and may not be commingled with other funds of the retirement system.
(d)  An annuitant is entitled to a monthly benefit under this section in an amount equal to the amount by which the benefit otherwise payable by the retirement system has been reduced by the limitation on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).  The benefit payable by this arrangement is payable at the times and in the form that the benefit payable under the trust fund is paid.
(e)  The benefit payable under this section shall be paid from state contributions that otherwise would be made to the trust fund under Section 840.103.  In lieu of deposit in the state accumulation account, an amount determined by the retirement system to be necessary to pay benefits under this section shall be paid monthly to the credit of a dedicated account in the general revenue fund maintained only for the excess benefit arrangement.  The account may include amounts needed to pay reasonable and necessary expenses of administering this arrangement.  The monthly amount to be paid to the credit of the account shall be transferred to the account at least 15 days before the date of a monthly disbursement under this section.
(f)  The board of trustees may adopt rules governing the excess benefit arrangement that are necessary for the efficient administration of the arrangement in compliance with Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 15, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter A. General Provisions › Section 840A.001. Definition

Sec. 840A.001.  DEFINITION.  In this chapter, "accumulated account balance" means the total of amounts in a member's individual account in the retirement system, including:
(1)  amounts deducted from the compensation of the member;
(2)  other member deposits required to be placed in the member's individual account; and
(3)  interest credited to amounts in the member's individual account, including interest and gain sharing interest credited in accordance with Sections 840A.103 and 840A.104, respectively.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter A. General Provisions › Section 840A.002. Applicability

Sec. 840A.002.  APPLICABILITY.  This chapter applies only to a member who:
(1)  took office on or after September 1, 2024; and
(2)  was not a member on the date the member took office.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter A. General Provisions › Section 840A.003. Conflict of Law

Sec. 840A.003.  CONFLICT OF LAW.  To the extent of a conflict between this chapter, including a rule adopted by the retirement system under authority of this chapter, and any other law, this chapter prevails.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter A. General Provisions › Section 840A.004. Rules

Sec. 840A.004.  RULES.  The board of trustees may adopt rules necessary to implement this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.051. Application for Cash Balance Benefit

Sec. 840A.051.  APPLICATION FOR CASH BALANCE BENEFIT.  (a)  A member may apply for a cash balance annuity by filing an application for retirement with the board of trustees.
(b)  An application for a cash balance annuity may not be made:
(1)  after the date the member wishes to retire; or
(2)  more than 90 days before the date the member wishes to retire.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.052. Eligibility for Cash Balance Benefit

Sec. 840A.052.  ELIGIBILITY FOR CASH BALANCE BENEFIT.  A member is eligible to retire and receive a cash balance annuity if the member:
(1)  is at least 60 years old and has at least eight years of service credited in the retirement system; or
(2)  is at least 50 years old and has at least 12 years of service credited in the retirement system.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.053. Standard Cash Balance Benefits for Members

Sec. 840A.053.  STANDARD CASH BALANCE BENEFITS FOR MEMBERS.  (a)  The state match for the cash balance benefit is an amount computed by multiplying the member's accumulated account balance by 150 percent.
(b)  The retirement system shall compute a member's standard cash balance annuity under this section by taking the sum of the member's accumulated account balance and the state match computed under Subsection (a) and annuitizing that amount over the life expectancy of the member as of the effective date of the member's retirement using mortality and other tables adopted by the board of trustees for that purpose under Section 840.005.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.055. Change in Optional Cash Balance Annuity Selection

Sec. 840A.055.  CHANGE IN OPTIONAL CASH BALANCE ANNUITY SELECTION.  (a)  A person who retired and selected an optional cash balance annuity described by Section 840A.054(c)(1), (2), or (5) may change the optional annuity to a standard cash balance annuity only if:
(1)  pursuant to a divorce decree, a court orders the change in the annuity to a standard cash balance annuity; or
(2)  the retiree files with the retirement system a request to change the annuity and, in connection with a divorce between the retiree and the beneficiary designated by the retiree under Section 840A.054(b), the beneficiary has executed a written, notarized instrument that:
(A)  releases the system from any claim to the annuity by the beneficiary; and
(B)  transfers all of the beneficiary's interest in the annuity to the retiree.
(b)  If a retiree files a request as provided by Subsection (a), the retirement system shall recompute the annuity as a standard cash balance annuity.  The increase in the annuity under this section begins with the monthly payment made to the retiree for the month following the month in which a request is filed as provided by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.056. Partial Lump-Sum Cash Balance Option

Sec. 840A.056.  PARTIAL LUMP-SUM CASH BALANCE OPTION.  (a)  A member who is eligible for a cash balance annuity may select a standard cash balance annuity under Section 840A.053 or an optional cash balance annuity under Section 840A.054, together with a partial lump-sum distribution.
(b)  The amount of the lump-sum distribution under this section may not exceed the sum of 36 months of a standard cash balance annuity computed without regard to this section.
(c)  The cash balance annuity selected by the member shall be actuarially reduced to reflect the lump-sum option selected by the member and shall be actuarially equivalent to a standard or optional cash balance annuity, as applicable, without the partial lump-sum distribution.  The annuity and lump sum shall be computed to result in no actuarial loss to the retirement system.
(d)  The lump-sum distribution shall be made as a single payment payable at the time that the first monthly annuity payment is paid.
(e)  The amount of the lump-sum distribution shall be deducted from any amount otherwise payable under this chapter.
(f)  The partial lump-sum option under this section may be elected only once by a member and may not be elected by a retiree.  A member retiring under the proportionate retirement program under Chapter 803 is not eligible for the partial lump-sum option.
(g)  Before a retiring member selects a partial lump-sum distribution under this section:
(1)  the retirement system shall provide written notice to the member of the amount by which the member's annuity will be reduced because of the selection; and
(2)  the member must acknowledge receipt of the notice in writing.
(h)  The board of trustees may adopt rules for the implementation of this section and may authorize the option to be used for a death benefit annuity.  This section does not apply to a disability retirement annuity.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter B. Cash Balance Benefits › Section 840A.057. Death and Disability Benefits

Sec. 840A.057.  DEATH AND DISABILITY BENEFITS.  (a)  Notwithstanding any other law, a member subject to this chapter, a retiree receiving a cash balance annuity under this chapter, or the beneficiary of a member or retiree described by this subsection, who qualifies for a death or survivor benefit annuity or a disability retirement annuity under Chapter 839 is entitled to a cash balance annuity under this subchapter instead of the annuity otherwise provided under Chapter 839.
(b)  The board of trustees may enter into contracts to provide additional death and disability benefits under this chapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter C. Contributions and Interest › Section 840A.101. Collection of Member Contributions

Sec. 840A.101.  COLLECTION OF MEMBER CONTRIBUTIONS.  Each payroll period, each department or agency of the state shall cause to be deducted from the compensation of a member subject to this chapter a contribution of six percent of the compensation of the member.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter C. Contributions and Interest › Section 840A.102. State Contributions for Military Service

Sec. 840A.102.  STATE CONTRIBUTIONS FOR MILITARY SERVICE.  (a)  The state shall contribute for military service established under Section 838.1031 an amount in the same ratio to the member's contribution for the service as the state's contribution bears to the contribution for current service required of a member of the retirement system who is subject to this chapter at the time the service is established under this subchapter.
(b)  The state's contribution under Subsection (a) shall be paid from the fund from which the member receives compensation at the time the service is established or, if the member does not hold a position at the time the service is established, from the fund from which the member received compensation when the member most recently held a position.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter C. Contributions and Interest › Section 840A.103. Annual Interest Adjustment

Sec. 840A.103.  ANNUAL INTEREST ADJUSTMENT.  Each fiscal year, the retirement system shall deposit for a member subject to this chapter an amount equal to four percent of the member's accumulated account balance deposited into the member's individual account in the retirement system.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle E - Judicial Retirement System of Texas Plan Two › Chapter 840A - Cash Balance Benefit › Subchapter C. Contributions and Interest › Section 840A.104. Gain Sharing Interest Adjustment

Sec. 840A.104.  GAIN SHARING INTEREST ADJUSTMENT.  (a)  Each fiscal year and subject to Subsection (b), the retirement system shall compute the gain sharing interest rate by:
(1)  determining the average return on the investment of the system's cash and securities during the preceding five fiscal years, expressed as a percentage rate;
(2)  subtracting four percentage points from the percentage rate determined under Subdivision (1); and
(3)  multiplying the resulting difference under Subdivision (2) by 50 percent.
(b)  Subject to Subsection (c), each fiscal year, the retirement system shall:
(1)  in addition to the amount deposited under Section 840A.103, deposit into each member's individual account in the retirement system an amount equal to the gain sharing interest rate determined under Subsection (a) for the fiscal year multiplied by the member's accumulated account balance as of the end of the preceding fiscal year; and
(2)  recalculate the annuity payment of a retiree or annuitant under this chapter by:
(A)  multiplying the annuity payment amount as of the end of the preceding fiscal year by the gain sharing interest rate determined under Subsection (a); or
(B)  if the retiree or annuitant was not entitled to an annuity payment as of the end of the preceding fiscal year, multiplying the retiree's or annuitant's first annuity payment amount by the gain sharing interest rate determined under Subsection (a).
(c)  The gain sharing interest rate applied under Subsection (b) may not be less than zero or more than three percent.
(d)  Subsection (b) applies only to a retiree or annuitant who is receiving a cash balance annuity under Section 840A.053 or 840A.054, including an alternate payee under Section 804.005.
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.002. Purpose of Subtitle

Sec. 841.002.  PURPOSE OF SUBTITLE.  The purpose of this subtitle is to establish a program of benefits for members, retirees, and their beneficiaries and to establish rules for the management and operation of the retirement system.  The assets of the retirement system are held in trust for the exclusive benefit of the members, the retirees, and their beneficiaries and may not be diverted.  Forfeitures may not be applied to increase the benefits any person would otherwise receive under this subtitle.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 51.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 309, Sec. 2, eff. Dec. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.003. Retirement System

Sec. 841.003.  RETIREMENT SYSTEM.  The Texas County and District Retirement System is continued in existence and is the name by which the business of the retirement system shall be transacted, all its funds invested, and all its cash and other property held.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 51.003 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.004. Powers, Privileges, and Immunities

Sec. 841.004.  POWERS, PRIVILEGES, AND IMMUNITIES.  (a)  The retirement system is a governmental entity and has the powers, privileges, and immunities of a corporation, as well as the powers, privileges, and immunities conferred by this subtitle.
(b)  The board of trustees, director, investment officer, and employees of the retirement system are not liable for any action taken or omission made or suffered by them in the good faith performance of any duty in connection with any program or benefit administered by 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. 51.004 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 2, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.005. Actions for Accounting

Sec. 841.005.  ACTIONS 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 subdivision, a board of the subdivision, or individual officers of the subdivision, 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 subdivision 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. 51.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.0051. Venue

Sec. 841.0051.  VENUE.  (a)  The venue of any action brought against the retirement system in a state court or before the State Office of Administrative Hearings is in Travis County.
(b)  The venue of any action brought in a state court by the retirement system is in Travis County or in the county in which the defendant is situated, domiciled, or does business.
Added by Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 3, eff. January 1, 2006.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.006. Exemption From Execution

Sec. 841.006.  EXEMPTION FROM EXECUTION.(a)  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)  Notwithstanding Subsection (a), the board of trustees by rule may authorize the retirement system, in accordance with a retiree's voluntary election, to:
(1)  deduct qualified health insurance premiums from the retirement annuity otherwise distributable to a retiree who is an eligible public safety officer or a retiree who meets any expanded eligibility provision for a similar tax exemption under subsequent federal legislation; and
(2)  pay the deducted amount directly to the health plan provider, subject to the requirements of Section 402(l), Internal Revenue Code of 1986, or other applicable federal law, and the rules adopted by the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 51.006 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 2, eff. January 1, 2010.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.007. Reduction of Annuity Payments on Request

Sec. 841.007.  REDUCTION OF ANNUITY PAYMENTS ON REQUEST.  (a)  An annuitant by written request may authorize the retirement system to reduce the annuitant's monthly payment to an amount specified in the request.  In writing, the annuitant may subsequently request the retirement system to increase the annuitant's monthly payment to any specified amount that does not exceed the amount payable if a reduction had never been requested.
(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.
Added by Acts 1985, 69th Leg., ch. 491, Sec. 1, eff. June 12, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 51.007 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 F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.009. Divorce-Decree Payments Protected

Sec. 841.009.  DIVORCE-DECREE PAYMENTS PROTECTED.  The system and officials of the system are not liable to any person for making payments of any benefits in accordance with the provisions of a decree of divorce in a cause in which the member or annuitant was a party.
Added by Acts 1985, 69th Leg., ch. 291, Sec. 3, eff. June 12, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 51.009 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 F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.0091. Division of Benefits on Divorce of Member

Sec. 841.0091.  DIVISION OF BENEFITS ON DIVORCE OF MEMBER.  (a)  On receipt of a qualified domestic relations order incident to a divorce that awards a portion of a member's accrued benefit to a former spouse of the member and that strictly follows the terms and format of the model qualified domestic relations order, as well as any other requirements, adopted by the board of trustees for this purpose, the retirement system shall divide the accrued benefit into two separate benefits that, in combination at the time of division, are actuarially equivalent to the undivided accrued benefit.
(b)  Following a division described by Subsection (a), the portion of the accrued benefit awarded the alternate payee is considered the alternate payee's sole and separate property in which the member has no interest.  The board of trustees by rule shall define and specify the rights and responsibilities of the alternate payee and the terms and features of the benefit awarded the alternate payee under the order, but in no event may the alternate payee vest in the accrued benefit before the member vests or attain greater rights than are attained by the member or the member's beneficiary.
(c)  Notwithstanding Section 804.101, the board of trustees by rule may prescribe terms on which the interest awarded the alternate payee under a qualified domestic relations order described by this section may be transferred at the alternate payee's death.
(d)  The board of trustees has sole authority and discretion to:
(1)  specify the terms and format that are required for a qualified domestic relations order to be acceptable for purposes of Subsection (a);
(2)  require strict compliance for qualification;
(3)  specify the dates on which a distribution to an alternate payee may or must begin; and
(4)  establish rules for the administration of this section.
(e)  This section applies to all domestic relations orders described by this section that the retirement system first determines to be qualified on or after September 1, 2009, and to those domestic relations orders determined to be qualified before September 1, 2009, that the system further determines can be construed to allow a division described by this section without harm or injury to the member's interest awarded under the original qualified order.  The actuarial equivalent value of the accrued benefit payable to an alternate payee may not be greater than the actuarial equivalent value of the accrued benefit as if there had been no division and the accrued benefit had been payable to the member in the form of an annuity.
Added by Acts 2009, 81st Leg., R.S., Ch. 300 (H.B. 407), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.010. Distribution Requirements

Sec. 841.010.  DISTRIBUTION REQUIREMENTS.  (a)  Notwithstanding any other provision of this subtitle, all distributions under this subtitle must be determined and made in accordance with Section 401(a)(9) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401) and the regulations adopted under that provision, including the minimum incidental death benefit distribution requirement of Section 401(a)(9)(G) of that code.  The board of trustees may adopt rules relating to the selection, payment, and distribution of benefits to ensure compliance with federal statutes and regulations.
(b)  The entire vested interest of a participant must be distributed or begin to be distributed not later than the required beginning date as determined in accordance with Section 401(a)(9) of the Internal Revenue Code of 1986 and the regulations adopted under that provision.  If the participant dies after distribution of the participant's interest has begun, the remaining portion of the interest will continue to be distributed at least as rapidly as the method of distribution being used before the participant's death.  If the participant dies before distribution of the participant's interest begins, distribution of the participant's entire interest must be made in a manner complying with Section 401(a)(9)(B) of the code.
Added by Acts 1997, 75th Leg., ch. 309, Sec. 3, eff. Dec. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 3, eff. Dec. 31, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 4, eff. January 1, 2006.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter A. General Provisions › Section 841.011. Full Vesting of Accrued Benefits at Termination

Sec. 841.011.  FULL VESTING OF ACCRUED BENEFITS AT TERMINATION.  If the retirement system is terminated or if there is a complete discontinuance of contributions to the retirement system, each member will become fully vested in that member's accrued benefit to the extent funded as of the date of termination or contribution discontinuance.
Added by Acts 1997, 75th Leg., ch. 309, Sec. 3, eff. Dec. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 841 - General Provisions › Subchapter B. Penal Provisions › Section 841.101. Offenses; Penalty

Sec. 841.101.  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)  A person commits an offense if the person knowingly fails to return money received from the retirement system to which the person is not entitled.
(d)  An offense under this section is a misdemeanor punishable by a fine of not less than $100 nor more than $1,000, by 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. 51.101 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 4, eff. Dec. 31, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.001. Subdivision Participation

Sec. 842.001.  SUBDIVISION PARTICIPATION.  (a)  A subdivision, in the manner required for official actions of the subdivision, may elect to join the retirement system and be subject to the provisions of this subtitle.
(b)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 873, Sec. 92(1), eff. January 1, 2008.
(c)  A political subdivision other than a county may participate in the retirement system only upon approval of the board of trustees of the system.
(d)  Subject to the approval of the board of trustees, an electing subdivision under this section may begin participation in the retirement system on the date specified by the subdivision's governing body.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 491, Sec. 4, eff. June 12, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 52.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 4, eff. January 1, 2008.
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 92(1), eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.002. Rules for Participating Subdivisions

Sec. 842.002.  RULES FOR PARTICIPATING SUBDIVISIONS.  The board of trustees may adopt rules concerning:
(1)  notices, information, and reports the board of trustees requires from a subdivision that elects to participate in the retirement system;
(2)  the time that a subdivision that elects to participate in the retirement system may begin participation and the actions that subdivision may take in anticipation of board approval under Section 842.001; and
(3)  the powers and duties of a participating subdivision to adopt orders or resolutions, make elections, and otherwise exercise decision-making authority concerning the rights and benefits of the members and annuitants under a plan adopted or assumed by the subdivision.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 52.002 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 122, Sec. 5, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 5, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.004. Optional Group Term Life Program

Sec. 842.004.  OPTIONAL GROUP TERM LIFE PROGRAM.  (a)  A subdivision participating in the retirement system may elect to participate in the optional group term life program.
(b)  A subdivision that elects to participate in the program may elect coverage providing postretirement death benefits in addition to coverage providing in-service death benefits.
(c)   A subdivision that elects to participate in the program may begin participation on the first day of any month after the month in which the subdivision gives notice of its election to the board of trustees.
(d)  If before November 1 of any year a subdivision gives written notice of its intention to the retirement system, the subdivision may terminate coverage under and discontinue participation in the program.  A termination under this subsection is effective on January 1 of the year following the year in which notice is given.
(e)  If a subdivision has previously discontinued participation in the program, the board of trustees in its discretion may restrict the right of the subdivision to participate again.
Added by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, Sec. 40, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 52.0031 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 460, Sec. 1, eff. Jan. 1, 1992;  Acts 1999, 76th Leg., ch. 427, Sec. 2, eff. Dec. 31, 1999;  Acts 2001, 77th Leg., ch. 122, Sec. 6, eff. Dec. 31, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 6, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.007. Subdivision Not Agent of System

Sec. 842.007.  SUBDIVISION NOT AGENT OF SYSTEM.  Neither a subdivision that participates in the retirement system nor any employee or officer of a participating subdivision has authority to act as an agent of the retirement system.  An action or inaction on the part of a participating subdivision or its employee or officer is not binding on the retirement system.
Added by Acts 1993, 73rd Leg., ch. 175, Sec. 2, eff. Jan. 1, 1994.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.0075. Assumption by Successor Subdivision

Sec. 842.0075.  ASSUMPTION BY SUCCESSOR SUBDIVISION.  (a)  The governing body of a participating subdivision may, with the consent of the board of trustees and on terms approved by the board, assume the subdivision account and pension liabilities of a subdivision that no longer exists, is in the process of dissolution, is changing its operational form, or no longer has employees.  The account and pension liabilities of a subdivision described by this subsection may not be assumed if the subdivision has executed a voluntary termination agreement under Section 842.052 or if the board has specified a date under Section 842.053 for the involuntary termination of the subdivision's participation in the retirement system.
(b)  Subject to any limitation set by the board of trustees, the governing body of the assuming subdivision may exercise any authority with respect to plan provisions applicable to members and annuitants of the subdivision plan being assumed that the governing body of that subdivision could have exercised.
(c)  Except as otherwise provided by this section, all retirement plan provisions in effect on the assumption date remain in effect until changed by the governing body of the assuming subdivision.
(d)  As of the assumption date, the account in the subdivision accumulation fund being assumed and the account of the assuming subdivision will be treated as one account for the purposes of receiving allocations under this subtitle and paying benefits accrued with respect to either subdivision.
(e)  The retirement system is not liable to any person for any claim or loss of benefits resulting from the assumption by another participating subdivision of the account and pension liabilities of a subdivision described by Subsection (a).
(f)  The board of trustees by rule may establish standards, definitions, and procedures it considers necessary to administer this section and shall take reasonable actions and exercise its discretion in a fair and equitable manner on a case-by-case basis to preserve accrued benefits.
Added by Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 5, eff. January 1, 2006.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. Subdivision Participation › Section 842.008. Partial Assumption by Transferee Subdivision

Sec. 842.008.  PARTIAL ASSUMPTION BY TRANSFEREE SUBDIVISION.  If a function or activity previously performed by employees of a participating subdivision is transferred to or otherwise taken over by another participating subdivision and any of the employees performing the function or activity transfer to and become employees of the subdivision taking over the function or activity, with the consent of and on terms approved by the board of trustees, the pension liabilities accrued by the transferring employees for service with the transferring subdivision, together with an appropriate portion of trust assets in the account of the transferring subdivision, may be treated as and considered to be a separate account and pension liabilities of the subdivision taking over the function or activity.
Added by Acts 2007, 80th Leg., R.S., Ch. 873 (H.B. 1587), Sec. 7, eff. January 1, 2008.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle F - Texas County and District Retirement System › Chapter 842 - Membership › Subchapter A. -1. Termination of Participation by Subdivisions › Section 842.051. General Provisions

Sec. 842.051.  GENERAL PROVISIONS.  (a)  Notwithstanding any provision of this subchapter to the contrary, to the extent required by applicable provisions of the Internal Revenue Code of 1986, on termination of a subdivision's participation in the retirement system or on complete discontinuance of contributions, each member becomes fully vested in the member's accrued benefit with respect to the subdivision to the extent funded as of the date of termination or contribution discontinuance.
(b)  The retirement system is not liable to any person for any claim or loss of benefits resulting from the termination of a subdivision's participation in the system or the failure of a subdivision to make required contributions or payments under a termination agreement.
(c)  The board of trustees by rule may establish standards, definitions, and procedures it considers necessary to administer this subchapter and shall take reasonable actions and exercise its discretion in a fair and equitable manner on a case-by-case basis to preserve accrued benefits.
Added by Acts 2005, 79th Leg., Ch. 506 (H.B. 633), Sec. 6, eff. January 1, 2006.