reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.1061. Removal

Sec. 801.1061.  REMOVAL.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 801.103;
(2)  does not maintain during service on the board the qualifications required by Section 801.103;
(3)  is ineligible for membership under Section 801.1021;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 624, Sec. 3, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 18, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.1062. Training Program

Sec. 801.1062.  TRAINING PROGRAM.  (a)  A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  this chapter;
(2)  the programs operated by the board;
(3)  the role and functions of the board;
(4)  the rules of the board, with an emphasis on the rules that relate to disciplinary and investigatory authority;
(5)  the current budget for the board;
(6)  the results of the most recent formal audit of the board;
(7)  the requirements of:
(A)  the open meetings law, Chapter 551;
(B)  the public information law, Chapter 552;
(C)  the administrative procedure law, Chapter 2001;  and
(D)  other laws relating to public officials, including conflict of interest laws;  and
(8)  any applicable ethics policies adopted by the board or the Texas Ethics Commission.
(c)  A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.
Added by Acts 2001, 77th Leg., ch. 18, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.107. Sunset Provision

Sec. 801.107.  SUNSET PROVISION.  The State Pension Review Board is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2029.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 217, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.107 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 4, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 5.18, eff. Nov. 12, 1991;  Acts 2001, 77th Leg., ch. 18, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 5, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.07, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.108. Compensation; Expenses

Sec. 801.108.  COMPENSATION;  EXPENSES.  A member of the board is entitled to reimbursement by the state for actual and necessary expenses incurred in performing the functions of the board.  A member of the board who also is a member of the legislature is ineligible to receive compensation for service performed as a board member.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1987, 70th Leg., ch. 58, Sec. 1, eff. Sept. 1, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.108 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.109. Meetings

Sec. 801.109.  MEETINGS.  The board shall meet at least three times each year and may meet at other times at the call of the presiding officer or as provided by board rule.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.109 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.110. Presiding Officers

Sec. 801.110.  PRESIDING OFFICERS.  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the will of the governor.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.110 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 18, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.111. Executive Director; Employees

Sec. 801.111.  EXECUTIVE DIRECTOR;  EMPLOYEES.  (a)  The board shall employ an executive director to be the executive head of the board and perform its administrative duties.
(b)  The executive director may employ staff members necessary for administering the functions of the board.
(c)  The board shall develop and implement policies that clearly separate the policy-making responsibilities of the board and the management responsibilities of the executive director and the staff of the board.
(d)  The executive director or the executive director's designee shall develop a system of annual performance evaluations.  All merit pay for board employees must be based on the system established under this subsection.
(e)  Repealed by Acts 2009, 81st Leg., R.S., Ch. 614, Sec. 4(13), eff. June 19, 2009.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.111 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 5, eff. Sept. 1, 1991;  Acts 2001, 77th Leg., ch. 18, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 614 (H.B. 874), Sec. 4(13), eff. June 19, 2009.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.1111. Equal Employment Opportunity

Sec. 801.1111.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The executive director or the executive director's designee shall prepare and maintain a written policy statement that implements a program of equal employment opportunity to ensure that all personnel decisions are made without regard to race, color, disability, sex, religion, age, or national origin.
(b)  The policy statement must include:
(1)  personnel policies, including policies relating to recruitment, evaluation, selection, training, and promotion of personnel, that show the intent of the board to avoid the unlawful employment practices described by Chapter 21, Labor Code;  and
(2)  an analysis of the extent to which the composition of the board's personnel is in accordance with state and federal law and a description of reasonable methods to achieve compliance with state and federal law.
(c)  A policy statement must:
(1)  be updated annually;
(2)  be reviewed by the state Commission on Human Rights for compliance with Subsection (b)(1); and
(3)  be filed with the governor's office.
(d)  The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (c). The report may be made separately or as a part of other biennial reports made to the legislature.
Added by Acts 1991, 72nd Leg., ch. 624, Sec. 6, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 18, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.112. Finances and Equipment

Sec. 801.112.  FINANCES AND EQUIPMENT.  (a)  The executive director may set staff salaries, within the limits of appropriated funds and subject to the approval of the board.
(b)  The board may request and use staff assistance, equipment, and office space from the Employees Retirement System of Texas.
(c)  The legislature may appropriate funds from the general revenue fund to the board for the payment of staff salaries and operating expenses of 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. 11.112 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.113. Fund

Sec. 801.113.  FUND.  (a)  The State Pension Review Board fund is created in the state treasury.  Money in the fund may be appropriated only to assist in paying staff salaries, operating and actuarial expenses of the board, and for such activities as defined by Subsection (e) of this section.
(b)  In this section:
(1)  "Active member" means a person who is on the payroll of an employing entity included in the coverage of a public retirement system and who receives credit in the retirement system for service performed in the position for which the person is paid.
(2)  "Annuitant" means a person who receives periodic payments from a public retirement system that are based on service that was credited in the retirement system to a person who was an active member.
(c)  The governing board of any public retirement system may vote to make an annual contribution to the State Pension Review Board not to exceed 50 cents for each active member and annuitant of the retirement system as of September 1 of the year for which the contribution is made.  The contribution is payable in a lump sum.
(d)  Each public retirement system shall certify to the board and to the comptroller of public accounts the amount of the annual contribution to be made under Subsection (c) of this section.  The comptroller by rule may prescribe the form and content of certifications.  The comptroller shall deposit remittances received under this subsection in the State Pension Review Board fund.
(e)  The board is authorized to conduct training sessions, schools, or other educational activities for trustees and administrators of public retirement systems.  The board may also furnish other appropriate services such as actuarial studies or other requirements of systems and may establish appropriate fees for these activities and services.  The fees may be based on whether or not the trustees, administrators, or systems contribute to the State Pension Review Board fund under Subsection (c) of this section.  The net proceeds of these fees shall be deposited in the fund.
(f)  Under the provisions of Sections 403.094 and 403.095, the dedication of the State Pension Review Board fund is reenacted, and the fund is established as a special account within the state treasury dedicated for the purposes defined by Subsections (a) and (e).
Added by Acts 1989, 71st Leg., ch. 893, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 7, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 628, Sec. 1, eff. Aug. 30, 1993.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter B. Administrative Provisions › Section 801.114. Qualifications and Standards of Conduct

Sec. 801.114.  QUALIFICATIONS AND STANDARDS OF CONDUCT.  The executive director or the executive director's designee shall provide to members of the board and to board employees, as often as necessary, information regarding the requirements for office or employment under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers or employees.
Added by Acts 1991, 72nd Leg., ch. 624, Sec. 8, eff. Sept. 1, 1991.  Amended by Acts 2001, 77th Leg., ch. 18, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.201. Rulemaking

Sec. 801.201.  RULEMAKING.  (a)  The board shall adopt rules for the conduct of its business.
(b)  For the purpose of performing its duties under Section 801.202(1) or (2), the board by rule may require clarification of information provided by a public retirement system in a report that is required by law and is required to be filed with the board.  A rule adopted under this subsection may not be enforced against a public retirement system if compliance with the rule would cause the system to incur a major expense.
(c)  The board by rule shall:
(1)  adopt a brief standard form that will assist the board in efficiently determining the actuarial soundness and current financial condition of a public retirement system;  and
(2)  require that a retirement system submitting information required for the review or study described under Section 801.202(1) or (2) include the form with the submission.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 800, Sec. 1, eff. June 15, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.201 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 2001, 77th Leg., ch. 18, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.2012. Negotiated Rulemaking and Alternative Dispute Resolution Procedures

Sec. 801.2012.  NEGOTIATED RULEMAKING AND ALTERNATIVE DISPUTE RESOLUTION PROCEDURES.  (a)  The board shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of board rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the board's jurisdiction.
(b)  The board's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The board shall:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  provide training as needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.202. General Duties

Sec. 801.202.  GENERAL DUTIES.  The board shall:
(1)  conduct a continuing review of public retirement systems, compiling and comparing information about benefits, creditable service, financing, and administration of systems;
(2)  conduct intensive studies of potential or existing problems that threaten the actuarial soundness of or inhibit an equitable distribution of benefits in one or more public retirement systems;
(3)  provide information and technical assistance on pension planning to public retirement systems on request;  and
(4)  recommend policies, practices, and legislation to public retirement systems and appropriate governmental entities.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.202 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.203. Reports to Legislature and Governor

Sec. 801.203.  REPORTS TO LEGISLATURE AND GOVERNOR.  (a)  The board shall present to the legislature and the governor, in November of each even-numbered year, a public report explaining the work and findings of the board during the preceding two-year period and including drafts or recommendations of any legislation relating to public retirement systems that the board finds advisable.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(67), eff. June 17, 2011.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.203 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 9, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(67), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.204. Inspection of Records

Sec. 801.204.  INSPECTION OF RECORDS.  In performing its functions, the board may inspect the books, records, or accounts of a public retirement system during business hours of 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. 11.204 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.205. Subpoena

Sec. 801.205.  SUBPOENA.  (a)  The board, if reasonably necessary in the course of performing a board function, may subpoena witnesses or books, records, or other documents.  The presiding officer of the board shall issue, in the name of the board, only such subpoenas as a majority of the board may direct.
(b)  A peace officer shall serve a subpoena issued by the board.  If the person to whom a subpoena is directed fails to comply, the board may bring suit to enforce the subpoena in a district court of the county in which the witness resides or in the county in which the books, records, or other documents are located.  If the district court determines that good cause exists for issuance of the subpoena, the court shall order compliance.  The district court may modify the requirements of a subpoena that the court determines are unreasonable.  Failure to obey the order of the district court is punishable as contempt.
(c)  The attorney general shall represent the board in a suit to enforce a subpoena.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 11.205 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.206. Public Access and Testimony

Sec. 801.206.  PUBLIC ACCESS AND TESTIMONY.  (a)  The board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the board's programs.
(b)  The board shall develop and implement policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board.
Added by Acts 1991, 72nd Leg., ch. 624, Sec. 10, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.207. Complaints

Sec. 801.207.  COMPLAINTS.  (a)  The board shall maintain a file on each written complaint filed with the board.  The file must include:
(1)  the name of the person who filed the complaint;
(2)  the date the complaint is received by the board;
(3)  the subject matter of the complaint;
(4)  the name of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;  and
(6)  an explanation of the reason the file was closed, if the board closed the file without taking action other than to investigate the complaint.
(b)  The board shall provide to the person filing the complaint and to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution.
(c)  The board, at least quarterly until final disposition of the complaint, shall notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation.
Added by Acts 2001, 77th Leg., ch. 18, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.208. Education and Training

Sec. 801.208.  EDUCATION AND TRAINING.  As authorized by Section 801.113(e), the board may develop and conduct training sessions and other educational activities for trustees and administrators of public retirement systems.  In exercising the board's authority under this section, the board may:
(1)  conduct live training seminars on an Internet website at intervals the board considers necessary to keep trustees and administrators reasonably informed;
(2)  maintain archives of previous seminars reasonably accessible to trustees and administrators on the Internet website; and
(3)  use technologies and innovations the board considers appropriate to educate the greatest practicable number of trustees and administrators.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.209. Public Retirement System Reports and Information

Sec. 801.209.  PUBLIC RETIREMENT SYSTEM REPORTS AND INFORMATION.  (a)  For each public retirement system, the board shall post on the board's Internet website, or on a publicly available website that is linked to the board's website, the most recent data from reports received under Sections 802.101, 802.103, 802.104, 802.105, 802.108, 802.109, 802.2015, and 802.2016.
(b)  On the 60th day after the date a report or information required by this chapter or Chapter 802 is due to the board, the board shall post on the board's website a list of public retirement systems that have not submitted the required reports or information.
(c)  For each public retirement system included on the list posted under Subsection (b), the board shall notify:
(1)  the governor and the Legislative Budget Board regarding the lack of a timely submission by the Employees Retirement System of Texas, the Teacher Retirement System of Texas, the Texas County and District Retirement System, the Texas Municipal Retirement System, the Texas Emergency Services Retirement System, or the Judicial Retirement System of Texas Plan Two; or
(2)  the governing body of the political subdivision of which members of the public retirement system are employees regarding the lack of a timely submission by a public retirement system other than a system listed in Subdivision (1).
Added by Acts 2013, 83rd Leg., R.S., Ch. 140 (H.B. 13), Sec. 2, eff. May 24, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 940 (H.B. 3310), Sec. 1, eff. June 18, 2015.
Acts 2019, 86th Leg., R.S., Ch. 578 (S.B. 322), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.210. Model Ethical Standards and Conflict-of-Interest Policies

Sec. 801.210.  MODEL ETHICAL STANDARDS AND CONFLICT-OF-INTEREST POLICIES.  (a)  The board shall develop and make reasonably accessible on the board's Internet website model ethical standards and model conflict-of-interest policies, including disclosure requirements, for voluntary use by a public retirement system.
(b)  A public retirement system is not required to adopt a standard or policy based on the model developed under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 140 (H.B. 13), Sec. 2, eff. May 24, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 801 - State Pension Review Board › Subchapter C. Powers and Duties of Board › Section 801.211. Public Retirement System Educational Training Program

Sec. 801.211.  PUBLIC RETIREMENT SYSTEM EDUCATIONAL TRAINING PROGRAM.  (a) The board shall develop and administer an educational training program for trustees and system administrators.
(b)  The curriculum of the educational training program must include minimum training requirements for trustees and system administrators. The board shall develop a system to track compliance with the minimum training requirements by trustees and system administrators and shall report the level of compliance in the biennial report required by Section 801.203.
(c)  The curriculum of the educational training program under this section may include optional training classes for trustees, system administrators, and other employees of public retirement systems.
(d)  To the extent practicable, the board shall make training classes reasonably accessible to trustees and system administrators of public retirement systems on an Internet website maintained for that purpose.
(e)  The board may adopt rules and appropriate fees to administer and provide educational training programs under this section.  The fees set by the board must be reasonable to pay the actual costs incurred by the board to conduct the training classes. The fees must be paid from a source considered appropriate by the governing body of the public retirement system. A public retirement system may provide its own educational training to its trustees and system administrators if the board determines that the system's training meets or exceeds the minimum training requirements established by the board. A trustee or system administrator who participates in that approved educational training fulfills the minimum training requirements established by the board.
Added by Acts 2013, 83rd Leg., R.S., Ch. 140 (H.B. 13), Sec. 2, eff. May 24, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter A. General Provisions › Section 802.001. Definitions

Sec. 802.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the State Pension Review Board.
(1-a)  "Defined contribution plan" means a plan provided by the governing body of a public retirement system that provides for an individual account for each participant and for benefits based solely on the amount contributed to the participant's account, and any income, expenses, gains and losses, and any forfeitures of accounts of other participants that may be allocated to the participant's account.
(2)  "Governing body of a public retirement system" means the board of trustees, pension board, or other public retirement system governing body that has the fiduciary responsibility for assets of the system and has the duties of overseeing the investment and expenditure of funds of the system and the administration of benefits of the system.
(3)  "Public retirement system" means a continuing, organized program of service retirement, disability retirement, or death benefits for officers or employees of the state or a political subdivision, or of an agency or instrumentality of the state or a political subdivision, other than:
(A)  a program providing only workers' compensation benefits;
(B)  a program administered by the federal government;
(C)  an individual retirement account or individual retirement annuity within the meaning of Section 408, or a retirement bond within the meaning of Section 409, of the Internal Revenue Code of 1986 (26 U.S.C. Sections 408, 409);
(D)  a plan described by Section 401(d) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401);
(E)  an individual account plan consisting of an annuity contract described by Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403);
(F)  an eligible state deferred compensation plan described by Section 457(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 457);  or
(G)(i) in Sections 802.104 and 802.105 of this chapter, a program for which benefits are administered by a life insurance company;  and
(ii)  in the rest of this chapter, a program for which the only funding agency is a life insurance company.
(4)  "System administrator" means a person designated by the governing body of a public retirement system to supervise the day-to-day affairs of the public retirement system.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 195, ch. 18, Sec. 1, eff. Nov. 10, 1981;  Acts 1985, 69th Leg., ch. 143, Sec. 2, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.001 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 624, Sec. 11, eff. Sept. 1, 1991.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 140 (H.B. 13), Sec. 3, eff. May 24, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 8, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter A. General Provisions › Section 802.002. Exemptions

Sec. 802.002.  EXEMPTIONS.  (a)  Except as provided by Subsection (b), the Employees Retirement System of Texas, the Teacher Retirement System of Texas, the Texas County and District Retirement System, the Texas Municipal Retirement System, and the Judicial Retirement System of Texas Plan Two are exempt from Sections 802.101(a), 802.101(b), 802.101(d), 802.102, 802.103(a), 802.103(b), 802.2015, 802.2016, 802.202, 802.203, 802.204, 802.205, 802.206, and 802.207. The Judicial Retirement System of Texas Plan One is exempt from all of Subchapters B and C except Sections 802.104 and 802.105. The optional retirement program governed by Chapter 830 is exempt from all of Subchapters B and C except Section 802.106.
(b)  If a public retirement system or program that is exempt under Subsection (a) is required by law to make an actuarial valuation of the assets of the system or program and publish actuarial information about the system or program, the actuary making the valuation and the governing body publishing the information must include the information required by Section 802.101(b).
(c)  Notwithstanding any other law, a defined contribution plan is exempt from Sections 802.101, 802.1012, 802.1014, 802.103, 802.104, and 802.202(d).  This subsection may not be construed to exempt any plan from Section 802.105 or 802.106(h).
(d)  Notwithstanding any other law, a retirement system that is organized under the Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) for a fire department consisting exclusively of volunteers as defined by that Act is exempt from Sections 802.101, 802.1012, 802.1014, 802.102, 802.103, 802.104, and 802.202(d).  This subsection may not be construed to exempt any plan from Section 802.105 or 802.106(h).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 196, ch. 18, Sec. 2, eff. Nov. 10, 1981;  Acts 1985, 69th Leg., ch. 143, Sec. 3, eff. Sept. 1, 1985;  Acts 1985, 69th Leg., ch. 602, Sec. 2, Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 9, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 940 (H.B. 3310), Sec. 2, eff. June 18, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter A. General Provisions › Section 802.003. Writ of Mandamus

Sec. 802.003.  WRIT OF MANDAMUS.  (a)  Except as provided by Subsection (b), if the governing body of a public retirement system fails or refuses to comply with a requirement of this chapter that applies to it, a person residing in the political subdivision in which the members of the governing body are officers may file a motion, petition, or other appropriate pleading in a district court having jurisdiction in a county in which the political subdivision is located in whole or in part, for a writ of mandamus to compel the governing body to comply with the applicable requirement.
(b)  If the governing body of the Employees Retirement System of Texas, the Teacher Retirement System of Texas, the Texas Municipal Retirement System, or the Texas County and District Retirement System fails or refuses to comply with a requirement of this chapter that applies to it, any resident of the state may file a pleading in a district court in Travis County to compel the governing body to comply with the applicable requirement.
(c)  If the prevailing party in an action under this section is other than the governing body of a public retirement system, the court may award reasonable attorney's fees and costs of suit.
(d)  The State Pension Review Board may file an appropriate pleading, in the manner provided by this section for filing by an individual, for the purpose of enforcing a requirement of Subchapter B or C, other than a requirement of Section 802.101(a), 802.101(d), 802.102, 802.103(a), or 802.104.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 196, ch. 18, Sec. 3, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.003 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 A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter B. Studies and Reports › Section 802.101. Actuarial Valuation

Sec. 802.101.  ACTUARIAL VALUATION.  (a)  The governing body of a public retirement system shall employ an actuary, as a full-time or part-time employee or as a consultant, to make a valuation at least once every three years of the assets and liabilities of the system on the basis of assumptions and methods that are reasonable in the aggregate, considering the experience of the program and reasonable expectations, and that, in combination, offer the actuary's best estimate of anticipated experience under the program. The valuation must include a recommended contribution rate needed for the system to achieve and maintain an amortization period that does not exceed 30 years.
(b)  On the basis of the valuation, the actuary shall make recommendations to the governing body of the public retirement system to ensure the actuarial soundness of the system.  The actuary shall define each actuarial term and enumerate and explain each actuarial assumption used in making the valuation.  This information must be included either in the actuarial study or in a separate report made available as a public record.
(c)  The governing body of a public retirement system shall file with the State Pension Review Board a copy of each actuarial study and each separate report made as required by law.
(d)  An actuary employed under this section must be a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an enrolled actuary under the Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1001 et seq.).
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 196, ch. 18, Sec. 4, eff. Nov. 10, 1981;  Acts 1985, 69th Leg., ch. 143, Sec. 4, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.101 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 940 (H.B. 3310), Sec. 3, eff. June 18, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter B. Studies and Reports › Section 802.1014. Actuarial Experience Study

Sec. 802.1014.  ACTUARIAL EXPERIENCE STUDY.  (a)  In this section, "actuarial experience study" means a study in which actuarial assumptions are reviewed in light of relevant experience factors, important trends, and economic projections with the purpose of determining whether actuarial assumptions require adjustment.
(b)  Except as provided by Subsection (c), a public retirement system that conducts an actuarial experience study shall submit to the board a copy of the actuarial experience study before the 31st day after the date of the study's adoption.
(b-1)  Except as provided by Subsection (c), a public retirement system that has assets of at least $100 million shall conduct once every five years an actuarial experience study and shall submit to the board a copy of the actuarial experience study before the 31st day after the date of the study's adoption.
(c)  This section does not apply to the Employees Retirement System of Texas, the Teacher Retirement System of Texas, the Texas County and District Retirement System, the Texas Municipal Retirement System, or the Judicial Retirement System of Texas Plan Two.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 10, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 940 (H.B. 3310), Sec. 4, eff. June 18, 2015.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter B. Studies and Reports › Section 802.102. Audit

Sec. 802.102.  AUDIT.  The governing body of a public retirement system shall have the accounts of the system audited at least annually by a certified public accountant in accordance with generally accepted auditing standards.  A general audit of a governmental entity, as defined by Section 802.1012, does not satisfy the requirement of this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1985, 69th Leg., ch. 143, Sec. 5, eff. Sept. 1, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.102 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 11, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter B. Studies and Reports › Section 802.1025. Complaint Procedure

Sec. 802.1025.  COMPLAINT PROCEDURE.  (a)  Not later than the 20th day after the date of receiving notice under Section 802.1024(a-1) or, if applicable, the second notice under Section 802.1024(a-2), the notice recipient may file a written complaint with the retirement system.  The recipient shall include any available supporting documentation with the complaint.
(b)  Not later than the 30th day after the date of receiving a complaint under Subsection (a), the retirement system shall respond in writing to the complaint by confirming the amount of the proposed correction or, if the retirement system determines the amount of the proposed correction is incorrect, by modifying the amount of the correction.  If the retirement system modifies the amount of the correction, the response must include:
(1)  how the modified correction was calculated;
(2)  a brief explanation of the reason for the modification; and
(3)  a payment plan option if no future payments are due.
(c)  Subject to Subsection (d), if a complaint is filed under this section, the retirement system may not adjust future payments or recover an overpayment under Section 802.1024 until:
(1)  the 20th day after the date the notice recipient receives the response under Subsection (b), if the recipient does not file an administrative appeal by that date; or
(2)  the date a final decision by the retirement system is issued, if the recipient files an administrative appeal before the date described by Subdivision (1).
(d)  If the retirement system has begun the adjustment of future payments or the recovery of an overpayment under Section 802.1024(a-2), the system shall discontinue the adjustment of future payments or the recovery of the overpayment beginning with the first pay cycle occurring after the date the complaint is received by the system.  The system may not recommence the adjustment of future payments or the recovery of an overpayment until the date described by Subsection (c)(1) or (2), as applicable.  If a complaint is resolved in favor of the person filing the complaint, not later than the 30th day after the date of the resolution, the system shall pay the person the appropriate amount.
(e)  A person whose complaint is not resolved under this section must exhaust all administrative procedures provided by the retirement system.  Not later than the 30th day after the date a final administrative decision is issued by the retirement system, a person aggrieved by the decision may appeal the decision to an appropriate district court.
Added by Acts 2007, 80th Leg., R.S., Ch. 1164 (H.B. 155), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle A - Provisions Generally Applicable to Public Retirement Systems › Chapter 802 - Administrative Requirements › Subchapter B. Studies and Reports › Section 802.103. Annual Financial Report

Sec. 802.103.  ANNUAL FINANCIAL REPORT.  (a)  The governing body of a public retirement system shall publish an annual financial report showing the financial condition of the system as of the last day of the fiscal year covered in the report.  The report must include:
(1)  the financial statements and schedules examined in the most recent audit performed as required by Section 802.102;
(2)  a statement of opinion by the certified public accountant as to whether or not the financial statements and schedules are presented fairly and in accordance with generally accepted accounting principles;
(3)  a listing, by asset class, of all direct and indirect commissions and fees paid by the retirement system during the system's previous fiscal year for the sale, purchase, or management of system assets; and
(4)  the names of investment managers engaged by the retirement system.
(b)  The governing body of a public retirement system shall, before the 211th day after the last day of the fiscal year under which the system operates, file with the State Pension Review Board a copy of each annual financial report it makes as required by law.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 17, eff. September 1, 2013, and Ch. 1316 (S.B. 220), Sec. 4.01(1), eff. June 14, 2013.
(d)  A general audit of a governmental entity, as defined by Section 802.1012, does not satisfy the requirement of this section.
(e)  The board may adopt rules necessary to implement 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. 196, ch. 18, Sec. 5, 6, eff. Nov. 10, 1981;  Acts 1985, 69th Leg., ch. 143, Sec. 5, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 126, Sec. 1, eff. May 20, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 12.103 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 12, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1152 (S.B. 200), Sec. 17, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 4.01(1), eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 578 (S.B. 322), Sec. 2, eff. June 10, 2019.