reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 3. Creditable Service › Section 3.02. Benefit Eligibility Based on Credited Service

Sec. 3.02.  BENEFIT ELIGIBILITY BASED ON CREDITED SERVICE.  A participating member's eligibility to receive a service retirement benefit is based on credited service at the time of retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 4. Benefits › Section 4.01. Types of Benefits

Sec. 4.01.  TYPES OF BENEFITS.  The types and calculation of benefits provided by the public retirement system are determined in accordance with applicable laws, municipal ordinances, and administrative rules.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 4. Benefits › Section 4.02. Amendments Increasing Benefits

Sec. 4.02.  AMENDMENTS INCREASING BENEFITS.  Before taking effect, any amendment to the administrative rules proposed by the board of trustees that increases the benefits provided by the public retirement system must be reviewed and approved by the governing body.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 4. Benefits › Section 4.03. Amendments Reducing Benefits

Sec. 4.03.  AMENDMENTS REDUCING BENEFITS.  (a)  Only the governing body may adopt an amendment to the administrative rules that reduces a benefit provided by the public retirement system.
(b)  At least 90 days before the date the governing body is scheduled to vote on an amendment to the administrative rules that would reduce a benefit provided by the public retirement system, the governing body must give notice to the board of trustees of the governing body's intention to consider and vote on the amendment.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.01. Composition of Board of Trustees

Sec. 5.01.  COMPOSITION OF BOARD OF TRUSTEES.  (a)  The board of trustees is composed of 13 members.
(b)  Each of the following groups of participating members shall elect one vested, participating member from their respective group to serve as a member of the board of trustees:
(1)  police officers; and
(2)  firefighters.
(c)  The group of participating members who are general employees of the municipality and who are not employed as police officers or firefighters shall elect two vested, participating members from the group to serve as members of the board of trustees.
(d)  Each of the following groups of participating retirees shall elect one participating retiree from their respective group to serve as a member of the board of trustees:
(1)  retired police officers;
(2)  retired firefighters; and
(3)  other retired general employees of the municipality who did not retire from service as a police officer or firefighter.
(e)  The mayor shall nominate and the governing body shall confirm, by majority vote, five residents of the municipality to serve as members of the board of trustees.  A person appointed under this subsection may not be a member of the governing body.
(f)  The governing body shall designate the chief financial officer of the municipality to serve as a member of the board of trustees.
(g)  Members of the board of trustees hold office for terms of two years.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.02. Board Powers and Duties

Sec. 5.02.  BOARD POWERS AND DUTIES.  (a)  The board of trustees shall administer the public retirement system, including the retirement fund of the public retirement system.
(b)  The board of trustees may adopt amendments to the administrative rules in accordance with Sections 5.06, 5.07, 5.09, and 5.10 of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.04. Quorum; Voting

Sec. 5.04.  QUORUM; VOTING.  (a)  Each member of the board of trustees is entitled to one vote.
(b)  Except as provided by Subsection (c) of this section, seven members of the board of trustees constitute a quorum to transact the business of the board.
(c)  In the event of a vacancy on the board of trustees, the number of members required to constitute a quorum is reduced by the number of vacancies on the board of trustees.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.05. Qualified Actuary; Actuarial Assumptions

Sec. 5.05.  QUALIFIED ACTUARY; ACTUARIAL ASSUMPTIONS.  (a)  The board of trustees may employ a qualified actuary.
(b)  To be a qualified actuary, an actuary must be:
(1)  a fellow of the Society of Actuaries; or
(2)  a member of the American Academy of Actuaries.
(c)  At least 30 days before the date the board of trustees adopts actuarial assumptions to be used by the public retirement system, the board must submit to the governing body a detailed report regarding the proposed actuarial assumptions.  The report must include the fiscal impact of the proposed actuarial assumptions on the public retirement system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.06. Rule Amendments Adopted by Board of Trustees

Sec. 5.06.  RULE AMENDMENTS ADOPTED BY BOARD OF TRUSTEES.  (a)  Except as provided by Sections 4.03, 5.07, 5.09, and 5.10 of this article and subject to Section 4.02 of this article, the board of trustees may adopt amendments to the administrative rules if:
(1)  a qualified actuary performs an actuarial analysis of the fiscal impact of the proposed amendment and determines that the amendment will not impact the actuarial soundness of the retirement fund;
(2)  the proposed amendment is placed on the agenda of the board of trustees for at least two consecutive meetings of the board that are not less than 30 days apart for the purpose of giving participating members an opportunity to comment on the proposed amendment; and
(3)  the proposed amendment is approved by a majority vote of the full membership of the board of trustees.
(b)  An amendment to the administrative rules adopted in accordance with this section becomes effective immediately unless otherwise provided by the amendment.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.07. Amendments Concerning Contributions by Municipality

Sec. 5.07.  AMENDMENTS CONCERNING CONTRIBUTIONS BY MUNICIPALITY.  (a)  An amendment to the administrative rules governing municipal contributions, including an amendment to the rate or manner of making contributions, may be made only if:
(1)  a qualified actuary performs an actuarial analysis of the fiscal impact of the proposed amendment;
(2)  the board of trustees or the governing body, by majority vote, calls a special election of all participating members to approve the amendment;
(3)  the amendment is approved by a majority of the participating members eligible to vote in the special election; and
(4)  the amendment is approved by a majority vote of:
(A)  the board of trustees, if the governing body called the special election under Subdivision (2) of this subsection; or
(B)  the governing body, if the board of trustees called the special election under Subdivision (2) of this subsection.
(b)  The board of trustees or the governing body, as applicable, shall approve or reject the proposed amendment under Subsection (a)(4) of this section by the 90th day after the date the votes of the special election are canvassed.
(c)  The pension office shall conduct a special election under Subsection (a) of this section by secret ballot.  The board of trustees shall canvass the vote.
(d)  A person who is a participating member on the date of the special election is eligible to vote in the special election.
(e)  Unless otherwise provided by the proposed amendment, an amendment to the administrative rules becomes effective on approval by the board of trustees or the governing body, as appropriate, under Subsection (a)(4) of this section.
(f)  Notwithstanding Subsections (a) through (e) of this section, only the governing body may adopt an amendment to the administrative rules that increases municipal contributions.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.08. Amendments by Governing Body in Event of Fiscal Emergency

Sec. 5.08.  AMENDMENTS BY GOVERNING BODY IN EVENT OF FISCAL EMERGENCY.  (a)  Notwithstanding Section 5.07 of this article, in the event a municipality to which this article applies has a fiscal emergency that requires an amendment to the administrative rules governing municipal contributions, the governing body may amend the administrative rules to address the emergency if the governing body:
(1)  determines that the emergency exists and approves the proposed amendment by the unanimous vote of all members of the governing body; and
(2)  provides written notice to the administrative head of the public retirement system at least five business days before the date the proposed amendment takes effect.
(b)  On the 90th day after the date an amendment under this section takes effect and for each subsequent 90-day period while the amendment is in effect, the governing body shall determine whether the emergency continues to exist. If the governing body does not determine by a unanimous vote that the emergency continues to exist or if the governing body fails to vote on whether the emergency exists as required by this subsection, the amendment automatically expires on the date the vote is taken or on the date the vote should have been taken, as applicable.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.09. Amendments Increasing Contributions by Members

Sec. 5.09.  AMENDMENTS INCREASING CONTRIBUTIONS BY MEMBERS.  (a)  An amendment to the administrative rules that increases member contributions must be adopted in accordance with the procedures provided by Sections 5.07(a) through (e) of this article for adopting an amendment governing municipal contributions.
(b)  Notwithstanding any other law, an amendment made in accordance with Subsection (a) of this section may require a participating member to contribute an amount that exceeds 10 percent of the compensation paid to the participating member for each payroll period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.10. Emergency, Routine, or Statutorily Required Amendments by Board

Sec. 5.10.  EMERGENCY, ROUTINE, OR STATUTORILY REQUIRED AMENDMENTS BY BOARD.  (a)  Unless an amendment to the administrative rules requires adoption in accordance with Section 5.07 or 5.09 of this article, the board of trustees may adopt emergency or routine amendments to the administrative rules or amendments that are required by federal or state law if the board of trustees by unanimous vote of the members present and voting:
(1)  agrees that the proposed amendment is an emergency, routine, or statutorily required amendment; and
(2)  approves the proposed amendment.
(b)  An amendment adopted in accordance with this section is an automatic agenda item for the next regular meeting of the board of trustees and is subject to review or repeal by the board at that meeting.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 5. Administration › Section 5.11. Semiannual Meeting of Board and Governing Body

Sec. 5.11.  SEMIANNUAL MEETING OF BOARD AND GOVERNING BODY.  At least once every six months, the board of trustees and the governing body shall meet to review the performance of the retirement fund and determine how to address the unfunded liabilities, if any, of the public retirement system.
Added by Acts 2007, 80th Leg., R.S., Ch. 1424 (S.B. 976), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 1. Creation of System

Section 1. CREATION OF SYSTEM.  There is hereby created in this State a Police Officers' Pension System in all cities having a population of not less than fifty thousand (50,000) inhabitants, nor more than four hundred thousand (400,000) inhabitants, according to the last preceding or any future Federal Census;  provided, however, that once such pension system becomes operative in any city, any right or privilege accruing to any member thereunder shall be a vested right and the same shall not be denied or abridged thereafter through any change in population of any such city taking such city out of the population bracket as herein prescribed, and said pension system shall continue to operate and function regardless of whether or not any future population exceeds or falls below said population bracket.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 2. Definitions

Sec. 2. DEFINITIONS.  The following words and phrases when used in this Act are defined as follows, to wit:
(a) "Pension System" means the retirement, allowance, disability and pension system for employees of any Police Department coming within the provisions of this Act.
(b) "Member" means any and all employees in the Police Department who are engaged in law enforcement duties except janitors, car washers, cooks, and secretaries.  Member may include reserve, special, or part-time officers as provided in Subsections (d), (e), and (f), Section 3 of this Act.
(c) "Pension Board" or "Board" means the Pension Board of the Pension System created under the Act for the purpose of administering the Pension System.
(d) "Service" means the services and work performed by a person employed in the Police Department.
(e) "Pension" means payments for life to the Police Department member out of the Pension Fund provided for herein upon becoming disabled or reaching retirement as provided herein and becoming eligible for such payments.
(f) "Separation from service" means cessation of work for the city in the Police Department, whether caused by death, discharge or resignation, or transfer to any other department of the city.
(g) The use of the masculine gender includes the feminine gender.
(h) "Prior-service credit" means credit for service rendered a city by an employee in the Police Department prior to his becoming a member of the Pension System.
(i) "Performance of duty" means the duties usually performed by a policeman during his regular working hours and at other times when he is called upon to perform emergency duties within the regular scope of his employment.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 3. Membership

Sec. 3. MEMBERSHIP.    (a)  Any person except as herein provided, who is an employee of such city in the Police Department on the effective date hereof, shall be eligible for membership in the Pension System, and shall automatically become a member upon the expiration of ninety (90) days from the effective date hereof, unless the employee has filed with the Pension Board his written election not to become a member, which shall constitute a waiver of all present and prospective benefits which otherwise would inure to him by participation in the System.  But any member of the Police Department of such city, whose membership in the Pension System is contingent upon his own election and who elects not to participate, may later become a member provided he passes such medical examination as the Pension Board may require.  If such employee becomes a member within six (6) months after the effective date of this Act, the employee shall be eligible for prior-service credit, but if he does not become a member within such period, he shall not be eligible for prior-service credit.  Written notice shall be given each and every member of the Police Department eligible for membership in the Pension System by the Secretary of the Pension Board within sixty (60) days from the passage of this Act informing him of the terms and provisions of this paragraph.
(b) Any person who hereafter becomes an employee of such city in the Police Department after the passage of this Act shall automatically become a member of the Pension System as a condition of his employment, and he will be required to sign a letter making application for Pension benefits.
(c) Part-time, seasonal, or other temporary employees shall not become, nor be eligible as, members of the Pension System except as provided in Subsections (d), (e), and (f).
(d) A city that has adopted the Pension System in this Act may make reserve, special, or part-time officers eligible as members of the Pension System by vote of the city's governing body, or the city's governing body may call an election to submit the question to the qualified voters of the city.
(e) If a special election is called, the election must be advertised by publication in at least one newspaper of general circulation in the city once each week for four consecutive weeks.  The question shall be submitted to the qualified voters as follows:
"FOR:  Including reserve, special, or part-time officers in the Police Pension System."
"AGAINST:  Including reserve, special, or part-time officers in the Police Pension System."
(f) A city that adopts the Pension System in this Act may include reserve, special, or part-time officers in the Pension System by vote of the city's governing body, by calling a special election as provided in Subsection (e) of this Section, or by joining the question of whether or not to include those officers on the ballot which submits the proposed Police Pension System to the city's qualified voters as provided in Section 25 of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 5. Treasurer

Sec. 5. TREASURER.  The City Treasurer is hereby designated as the Treasurer of said Pension System Fund for said city Police Officers' Pension System, and his official bond to said city shall operate to cover his position as Treasurer of such Pension System Fund and his sureties shall be liable in connection with the Treasurer's actions pertaining to such Fund as fully as they are liable under the terms of said bond for the other actions and conduct of said Treasurer.  All moneys of every kind and character collected or to be collected for said Pension System shall be paid over to the said Treasurer and shall be administered and paid out only in accordance with the provisions of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 6. Payments by Members

Sec. 6. PAYMENTS BY MEMBERS.  Commencing with the first day of the month after the expiration of ninety (90) days from the passage of this Act, each member of the Pension System shall pay monthly into the Pension System Fund not less than four per cent (4%) nor more than seven per cent (7%) of his statutory minimum and longevity pay.  Subject to this limitation, the Pension Board shall set the amount that each member shall pay into said Pension System Fund.  Said payments into the Pension System Fund shall be effected by the city deducting the amount to be contributed by each member of said Pension System from his wages earned.  Said deduction shall be paid into the Pension System Fund by the city.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 7. Payments Into Fund by City

Sec. 7. PAYMENTS INTO FUND BY CITY.  In addition to the payments in the next preceding Section such city shall pay monthly into such Pension System Fund, from the general or other appropriate fund of any such city, an amount equal to the total sum paid into such Fund by salary deductions of members as set out in the next preceding Section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 8. Depletion of Fund; Reduction of Benefits

Sec. 8. DEPLETION OF FUND;  REDUCTION OF BENEFITS.  In the event the Pension System Fund becomes seriously depleted, in the opinion of the Pension Board, said Pension Board may proportionately and temporarily reduce the benefits of all pensioners and beneficiaries, but such reduction of benefits shall continue only for such time as such depleted condition continues to exist, and after such time of depletion has ceased to exist and the Pension Board finds said Pension System Fund is in condition to warrant, it shall thereafter restore the benefits and resume payment of all pensioners and beneficiaries as though such preceding reductions had not occurred.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 9. Investment of Surplus

Sec. 9. INVESTMENT OF SURPLUS.  Whenever in the opinion of the said Pension Board there is on hand in said Pension System Fund a surplus over and above a reasonably safe amount to take care of current demands upon such funds, such surplus, or so much thereof as in the judgment of the said Pension Board is deemed proper, may be invested in bonds or other interest bearing obligations and securities of the United States, the State of Texas or any city or any county.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 10. Transfer of Pro Rata Share of Existing Fund

Sec. 10. TRANSFER OF PRO RATA SHARE OF EXISTING FUND.  Immediately upon this Act becoming a law, there shall be transferred to the Police Officers' Pension System the prorata share of any pension fund heretofore existing to which police officers have contributed, including the prorata part of the fund paid by the city and all accumulated interest on the money which both the policemen and the city have heretofore contributed to the fund.  It shall be the duty of the city official or officials responsible for said existing fund to make such transfer immediately.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 11. Retirement Pension

Sec. 11. RETIREMENT PENSION.  From and after the passage of this Act, any member of such Pension System who has been in the service of the city Police Department for a period of twenty-five (25) years shall receive from the Pension Board a pension certificate.  Any person who holds a pension certificate and who has attained fifty-five (55) years of age shall be entitled to a monthly retirement pension equal to one half (1/2) of his statutory minimum pay plus one half (1/2) of his longevity pay, which he received when such certificate was awarded, each month for the rest of his life upon his retirement from the services of said city Police Department;  provided, however, said monthly retirement pension shall not exceed the sum of One Hundred and Twenty-five Dollars ($125).  However, when a member has served twenty-five (25) years or more in the Police Department and has attained the age of fifty-five (55) years, if he desires and if the physicians employed by the Pension Board agree that said member is physically fit to continue his active duties in the Police Department, he may continue such duties until he is not over sixty-five (65) years of age, and when he retires he will receive in addition to his monthly retirement pension set out above, a service bonus of One Dollar ($1) per month for each year of service over and above the amount per month payable if he had retired when he attained the age of fifty-five (55) years.  It shall be compulsory for any member to retire from service upon attaining sixty-five (65) years of age;  failure of any member of the Pension System to comply with this provision shall deprive the member or his dependents of any of the benefits provided for herein.  If at the time of retirement such member has completed less than twenty-five (25) years of service, but more than twenty (20) years of service, his retirement pension shall be prorated.  For example, if the employee has completed only twenty (20) years of service, his monthly pension would be four-fifths (4/5) of one half (1/2) of his statutory minimum pay and one half (1/2) his longevity pay.  No member shall be required to make any payments into the Pension System Fund after he has been issued a pension certificate and who has retired from active service in the Police Department.  However, if he continues to work for the city Police Department after receiving a pension certificate, he shall continue his monthly payments into the Pension System Fund until he retires.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 12. Pensions to Widow and Dependents

Sec. 12. PENSIONS TO WIDOW AND DEPENDENTS.  If any member of the Police Department, who has been retired on allowance because of length of service or disability, shall thereafter die from any cause whatsoever or shall die from any cause whatsoever after he has become entitled to an allowance or pension certificate, or if while in service any member shall die from any cause growing out of or in consequence of the performance of his duty, and shall leave surviving a widow, a child or children under the age of eighteen (18) years or a dependent parent, said Board shall order paid a monthly allowance as follows:  (a) To the widow so long as she remains a widow, sixty per cent (60%) of the pension per month that said member would have received if living and had retired with twenty-five (25) years of service, provided she shall have married such member prior to his retirement;  (b) to the guardian of each child the sum of Six Dollars ($6) per month until such child reaches the age of eighteen (18) years or marries;  (c) to the dependent parent, only in case no widow is entitled to allowance, the sum the widow would have received to be paid to but one parent and such parent to be determined by the Pension Board, and (d) in the event the widow dies after being entitled to her allowance as herein provided, or in the event there be no widow or dependent parent to receive such allowance, then the amount to be paid to the guardian of any dependent minor child or children under the age of eighteen (18) years shall be increased to the sum of Twelve Dollars ($12) per month for each said dependent minor child;  and provided that such minor child under eighteen (18) years of age is unmarried.  Allowance or benefits payable to any minor child shall cease when such child becomes eighteen (18) years of age or marries.
If a member of this Pension System is killed while performing his official duties, or dies from injuries received while performing such duties, the same benefits payable under the provisions of this Act to Pension System members who hold a pension certificate and have attained fifty-five (55) years of age, shall be paid to the persons designated in this Section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 13. Death From Natural Causes or Causes Not Covered

Sec. 13. DEATH FROM NATURAL CAUSES OR CAUSES NOT COVERED.  If a member of this Pension System dies from natural causes or from any cause not covered under the provisions of this Act, the Pension Board shall pay to his estate all of the exact amount of money he has heretofore paid into the Pension System Fund in lieu of any other benefit provided for herein.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 14. Retirement for Disability

Sec. 14. RETIREMENT FOR DISABILITY.  Any member of this Pension System who becomes incapacitated for performance of his duty by reason of any bodily injury received in, or illness caused by the performance of his duty, shall be retired upon presentation to the Pension Board of proof of the disability, and shall receive a retirement allowance equal to the percentage of his disability;  for example, if he is fifty per cent (50%) incapacitated, he shall receive fifty per cent (50%) of the amount he would receive if retired after completion of twenty-five (25) years service per month during the remainder of his life or so long as he remains incapacitated.  Provided, however, that if, at that time, he is qualified as to age and service for retirement, he shall receive the full amount of pension per month, or in the event he is past fifty-five (55) years of age and has more service than the minimum of twenty-five (25) years, and becomes incapacitated he shall receive the full amount of pension per month plus One Dollar ($1) for each additional year as his service bonus.  When any member has been retired for permanent, total or partial disability, he shall be subject at all times to re-examination by the Pension Board and shall submit himself to such further examination as the Pension Board may require.  If any member shall refuse to submit himself to any such examination, the Pension Board may, within its discretion, order said payment stopped.  If a member who has been retired under the provisions of this Section should thereafter recover, so that in the opinion of the Pension Board he is able to perform the usual and customary duties formerly handled by him for said city in the Police Department, and such member is reinstated or tendered reinstatement to the position he held at the time of his retirement, then the Pension Board shall order such pension payment stopped.  No person shall be retired either for total or partial disability unless there shall be filed with the Pension Board an application for pension benefit, at which time the Pension Board shall have him examined by no fewer than three (3) physicians, to be chosen by the Pension Board and to make their report to the Pension Board.  If a policeman is hurt while working on a regular shift or tour of duty, or if he is at home or some other place and an emergency arises wherein he has to perform the official duties of a policeman and is injured, he shall receive the benefits of this Act.  In all cases where a policeman seeks benefits under this Section, it shall be the duty of the Pension Board to determine if the policeman did receive his injuries in the performance of his duty.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 15. Computation of Period of Service

Sec. 15. COMPUTATION OF PERIOD OF SERVICE.  In computing the twenty-five (25) years of service required for a retirement pension, twenty-five (25) years of continuous service shall be required;  provided, however, that in case of interruption of less than two (2) years, credit shall be given for previous service if out of service more than two (2) years;  no service prior to said interruption shall be counted, other than provided in Section 21.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 16. Leaving Employment Before Becoming Eligible

Sec. 16. LEAVING EMPLOYMENT BEFORE BECOMING ELIGIBLE.  When any member of such Pension System shall leave the employment of such Police Department except as specifically provided for herein, either voluntarily or involuntarily, before becoming eligible for a retirement or disability pension, he shall cease to be a member of such Pension System.  When a member has left the service of the city Police Department as aforesaid and has therefore ceased to be a member of such Pension System, if such person shall thereafter be re-employed by the city Police Department he shall thereupon be reinstated as a member of such Pension System provided he is in good physical and mental condition as evidenced by a written certificate executed under oath by a duly licensed and practicing physician or physicians in the city, satisfactory to the Pension Board.  Prior service of such member with such city Police Department shall not be counted toward his retirement pension unless such member returns to the service within two (2) years from his separation therefrom, and also shall, within six (6) months after his re-employment by the city in the Police Department, make a written application to the Pension Board for reinstatement in the Pension System.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 17. Transfers From Other City Departments

Sec. 17. TRANSFERS FROM OTHER CITY DEPARTMENTS.  No prior credit shall be allowed for service to any person who may hereafter transfer from some other department in the city to the Police Department.  Policemen now serving who have heretofore transferred from some other city department may be given credit for such prior service by the Pension Board.  The prior-service credits shall all be granted within sixty (60) days after this Act becomes law.  For example, if one is transferred from some other department of the city to the city Police Department, sixty-one (61) days after this Act becomes law, such person's service will be computed only from the day he enters the city Police Department.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 18. Gifts and Donations

Sec. 18. GIFTS AND DONATIONS.  The Police Officers' Pension System may accept gifts and donations and such gifts or donations shall be added to the Pension Fund for the use of such System.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 19. Legal Matters

Sec. 19. LEGAL MATTERS.  The city attorney of such city shall handle all legal matters for the Pension System which are referred to him by the Pension Board or city without additional compensation therefor.  The Pension Board may, however, employ an attorney, or attorneys, to handle its legal matters and shall pay reasonable compensation therefor out of said Pension System Fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 20. Exemption From Legal Process; Assignment or Transfer

Sec. 20. EXEMPTION FROM LEGAL PROCESS;  ASSIGNMENT OR TRANSFER.  No portion of any such Pension System Fund, either before or after its order of disbursement by said Pension Board, and no amounts due or to become due any beneficiary or pensioner, under this Act, shall ever be held, seized, taken, subjected to, detained, or levied upon by virtue of any execution, attachment, garnishment, injunction, or other writ, and no order or decree, and no process or proceedings whatsoever, shall issue out of or by any court of this State for the payment of satisfaction, in whole or in part, out of said Pension System Fund, of any debt, damage, claim, demand, or judgment against any such members, pensioners, dependents, or any person whomsoever, nor shall such Pension System Fund or any part thereof, or any claim thereto, be directly or indirectly assigned or transferred.  Any attempt to transfer or assign the same or any part thereof or any claim thereto shall be void.  Said funds shall be sacredly held, kept, and disbursed for the purposes provided by this Act, and for no other purpose whatsoever.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 21. Military Service

Sec. 21. MILITARY SERVICE.  Members of the Pension System engaged in active military service required because of a National Emergency shall not be required to make the monthly payments into the Pension System Fund provided for in this Act, nor shall they lose any previous years of service with the Police Department caused by such military service.  Such military service shall count as continuous service in the Police Department, provided that when the member is discharged from the military service he shall immediately return to his former duties with the city Police Department.  The city, however, shall be required to make its regular monthly payments into the Pension System Fund on each member while he is so engaged in such military service.  In the event of death of a member of this Pension System, either directly or indirectly caused from such military service, his widow or dependent parent or other dependents shall not be entitled to receive any benefits from this Fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 22. Civil Actions

Sec. 22. CIVIL ACTIONS.  The Pension Board of any city as herein created and constituted shall have the power and authority to recover by civil action from any offending party, or from his bondsmen, if any, any moneys paid out or obtained from said Pension Fund through fraud, misrepresentation, theft, embezzlement, or misapplication, and may institute, conduct and maintain such action in the name of said Board for the use and benefit of such Fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 23. Partial Invalidity

Sec. 23. PARTIAL INVALIDITY.  If any provision, section, part, subsection, sentence, clause, phrase, or paragraph of this Act be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof, and all other provisions shall remain valid and unaffected by such invalid portion, if any.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 24. Former Employees Now Receiving Pension

Sec. 24. FORMER EMPLOYEES NOW RECEIVING PENSION.  Immediately upon this Act becoming a law, the former employees of any such Police Department who are now being paid a pension from a pension fund, shall hereafter be paid a monthly pension of One Hundred Dollars ($100) per month out of the Pension Fund provided for herein.  Any such city shall have the right and option to pay such former employees any amount over and above those hereinabove provided for, but such additional payments, if any, shall be borne by such city and not the Pension Fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 25. Election; Adoption Without Election

Sec. 25. ELECTION;  ADOPTION WITHOUT ELECTION.  The city is authorized to call an election to determine if the city desires to adopt this Act after a petition has been presented to the governing body of the city, signed by five per cent (5%) of the qualified voters of the city who voted in the last municipal election.  Such election must be advertised by publication in at least one (1) newspaper of general circulation in said city once each week for four (4) consecutive weeks.  The question shall be submitted to the qualified voters of the city at a special election to be held for such purpose at which all ballots shall have printed thereon:
"FOR:  The proposed Police Pension System."
"AGAINST:  The proposed Police Pension System."
No other issues shall be joined with the proposition submitted at this election on the same ballot except as provided in Subsection (f), Section 3 of this Act.
Nothing herein is to prevent the city governing body from adopting the proposed pension plan without an election.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243j. Police Officers' Pension System in Cities of 50,000 to 400,000 › Section 26. Withdrawal of Moneys; Return on Reinstatement

Sec. 26. WITHDRAWAL OF MONEYS;  RETURN ON REINSTATEMENT.  Any policeman who has been relieved from duty or voluntarily quits shall have the right to withdraw all moneys paid in by him into the Pension System.  If he is reinstated in the Police Department with full seniority, he shall return to the Pension Fund the amount of money previously withdrawn when his services were terminated.
Acts 1951, 52nd Leg., p. 397, ch. 254.  Amended by Acts 1977, 65th Leg., p. 1396, ch. 562, Sec. 1 to 5, eff. Aug. 29, 1977.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243k. Retirement, Disability and Death Benefit Systems for Appointive City or Town Employees

(a)  An incorporated city or town may create a retirement, disability, and death benefit system for its appointive officers and employees if a majority of the qualified voters of the city or town voting on the proposition approve the creation at an election called for that purpose.  Each member of the system shall contribute to the system an amount determined by the city or town, which, except as provided by Subsection (b), may not exceed 10 percent of the member's annual compensation paid by the city or town, and the city or town shall contribute for each member an amount that at least equals but is not more than twice the amount of the member's contribution.  A member of a municipal system is eligible for disability benefits if he is disabled in the course of his employment with the city or town.  A member is eligible for retirement benefits if he is 65 years old or older, or he is 60 years old but less than 65 years old and has been employed by the city or town for 25 years or more.
(b)  Each member of a retirement, disability, and death benefit system provided under this section by a city or town shall contribute to the system an amount determined by the city or town that may exceed 10 percent of the annual compensation paid to the member by the city or town if the city or town:
(1)  has a population of 500,000 or more; and
(2)  is located in a county:
(A)  that has a population of 1.4 million or more; and
(B)  in which two or more cities or towns that each have a population of 300,000 or more are predominately located.
Acts 1975, 64th Leg., p. 1127, ch. 426, Sec. 2, eff. Sept. 1, 1975.  Amended by Acts 1981, 67th Leg., p. 2445, ch. 627, Sec. 1, eff. June 15, 1981.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1417 (H.B. 2870), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243l. Separate Retirement System for Police Department Employees in Cities of 250,000 or More › Section 1.

Section 1. The governing body of any city with a population of 250,000 or more, according to the last preceding federal census, may establish by ordinance a separate retirement system for employees of the police department notwithstanding any charter provisions of the city to the contrary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243l. Separate Retirement System for Police Department Employees in Cities of 250,000 or More › Section 2.

Sec. 2. This Act does not apply to a city governed by:
(1) Chapter 4, Acts of the 43rd Legislature, 1st Called Session, 1933, as amended (Article 6243a, Vernon's Texas Civil Statutes);
(2) Chapter 101, Acts of the 43rd Legislature, 1st Called Session, 1933, as amended (Article 6243b, Vernon's Texas Civil Statutes);
(3) Chapter 105, Acts of the 47th Legislature, Regular Session, 1941, as amended (Article 6243f, Vernon's Texas Civil Statutes);
(4) Chapter 76, Acts of the 50th Legislature, 1947, as amended (Article 6243g-1, Vernon's Texas Civil Statutes);  or
(5) Chapter 75, Acts of the 50th Legislature, 1947, as amended (Article 6243h, Vernon's Texas Civil Statutes).
Acts 1979, 66th Leg., p. 537, ch. 253, Sec. 1, eff. May 24, 1979.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243m. Contributions and Benefits; Certain Municipal Retirement Systems or Death Benefit Programs › Section 1.

Section 1. An incorporated city or town that institutes after August 31, 1981, by charter, ordinance, or statute a program of continuing service retirement, disability retirement, or death benefits for any of its officers or employees shall require participating officers and employees to contribute a percentage of their salaries to the program during each payroll period.  The city or town also shall make contributions to the program during each payroll period.  The ratio of municipal contributions to the aggregate contributions of officers and employees may not be less than one to one or more than two to one.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243m. Contributions and Benefits; Certain Municipal Retirement Systems or Death Benefit Programs › Section 2.

Sec. 2. For municipal retirement systems created after August 31, 1981, through charter, ordinance, or statute, benefits shall be ascertained by the system's actuary in relationship to contributions.  The level of benefits shall never be in excess of the amount actuarially determined for the system to be financially sound.  An actuary hired by a retirement system shall have at least five years of experience working with one or more public retirement systems and be a fellow of the Society of Actuaries, a member of the American Academy of Actuaries, or an enrolled actuary under the federal Employees Retirement Security Act of 1974.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243m. Contributions and Benefits; Certain Municipal Retirement Systems or Death Benefit Programs › Section 3.

Sec. 3. This Act does not apply to a program for which the only funding agency is a life insurance company, a program providing only workers' compensation benefits, or a program administered by a city or town as a member of the Texas Municipal Retirement System.
Acts 1981, 67th Leg., p. 2606, ch. 694, Sec. 1 to 3, eff. Sept. 1, 1981.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243n. Municipal Retirement System in Municipalities of 460,000 to 500,000 › Section 1. Scope

Sec. 1.  SCOPE.  (a)  A retirement system is established by this Act for employees of each municipality having a population of more than 950,000 and less than 1,050,000.
(b)  Any right or privilege accruing to any member of a retirement system established by this Act is a vested right according to the terms of this Act.
(c)  This Act continues to apply to a municipality described by Subsection (a) and a retirement system established by this Act continues to operate regardless of any change in the municipality's population.