reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter D. Management of Assets › Section 825.312. Expense Account

Sec. 825.312.  EXPENSE ACCOUNT.  (a)  The retirement system shall deposit in the expense account:
(1)  money transferred from the interest account under Section 825.313(d) and
(2)  money received from the Texas Public School Employees Group Insurance Program for service performed for the program by the retirement system.
(b)  The retirement system shall pay from the account all administrative expenses of the retirement system that are required to perform the fiduciary duties of the board.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 207, ch. 18, Sec. 33, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.309 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 785, Sec. 3, eff. Aug. 30, 1993;  Acts 1993, 73rd Leg., ch. 812, Sec. 24, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 555, Sec. 45, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1118, Sec. 5, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 9, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter D. Management of Assets › Section 825.3121. Deferred Retirement Option Account

Sec. 825.3121.  DEFERRED RETIREMENT OPTION ACCOUNT.  (a)  The retirement system shall deposit in the deferred retirement option account the amounts required to be deposited in the account by Section 824.804(a) and interest as required by Section 824.807.
(b)  The retirement system shall pay from the account all benefits accrued during participation in the deferred retirement option plan.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 27, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter D. Management of Assets › Section 825.313. Transfers From Interest Account

Sec. 825.313.  TRANSFERS FROM INTEREST ACCOUNT.  (a)  Annually, the retirement system shall transfer from the interest account to the state contribution account amounts accumulated under Section 825.311(2).
(b)  On August 31 of each year, the retirement system shall make the following transfers from the interest account:
(1)  to the retired reserve account, an amount equal to 4-3/4 percent of the average balance of the retired reserve account for that fiscal year or, if the transfer is authorized by resolution of the board, an amount computed at a greater rate if the actuary recommends the greater rate to adequately fund the retired reserve account;  and
(2)  to the state contribution account, the amount remaining in the interest account after the other transfers required or authorized by this section are made.
(c)  On August 31 of each year, the retirement system shall transfer from the interest account to the member savings account an amount computed under Section 825.307(b) unless membership is terminated in that fiscal year.  If membership is terminated during the fiscal year, the retirement system shall transfer from the interest account to the member savings account an amount computed under Section 825.307(c).
(d)  The board of trustees, by resolution recorded in its minutes, may transfer from the interest account to the expense account an amount necessary to cover the expenses of the retirement system for the fiscal year that are required to perform the fiduciary duties 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. 35.310 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 45, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1118, Sec. 6, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 10, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 11, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter D. Management of Assets › Section 825.314. Use of State Contributions

Sec. 825.314.  USE OF STATE CONTRIBUTIONS.   The retirement system shall use all assets contributed by the state to pay benefits authorized by this subtitle.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.311 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 45, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., ch. 1118, Sec. 7, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 12, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter D. Management of Assets › Section 825.315. Prohibited Use of Assets

Sec. 825.315.  PROHIBITED USE OF ASSETS.  (a)  Assets of the retirement system may not be used to advocate or influence the outcome of an election or the passage or defeat of any legislative measure.  This prohibition may not be construed to prevent any trustee or employee from furnishing information in the hands of the trustee or employee that is not considered confidential under law to a member or committee of the legislature, to any other state officer or employee, or to any private citizen, at the request of the person or entity to whom the information is furnished.  This prohibition does not apply to the incidental use of retirement system facilities by groups of members or retirees or by officers or employees of state agencies.
(b)  This section does not prohibit the use of system assets by an employee of the retirement system to comment on federal laws, regulations, or other official actions or proposed actions affecting or potentially affecting the retirement system that are made in accordance with policies adopted by the board.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 46, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter E. Collection of Membership Fees and Contributions › Section 825.406. Collection of Contributions From Federal or Private Sources; Offense; Penalty

Sec. 825.406.  COLLECTION OF CONTRIBUTIONS FROM FEDERAL OR PRIVATE SOURCES;  OFFENSE;  PENALTY.  (a)  If an employer applies for money provided by the United States, an agency of the United States, or a privately sponsored source, and if any of the money will pay part or all of an employee's salary, the employer shall apply for any legally available money to pay state contributions required by Section 825.404 or 830.201.
(b)  When an employer receives money for state contributions from an application made in accordance with Subsection (a), the employer shall immediately send the money to the retirement system for deposit in the state contribution account.
(c)  Monthly, employers shall:
(1)  report to the retirement system in a form prescribed by the system a certification of the total amount of salary paid from federal funds and private grants and the total amounts provided by the funds and grants for state contributions for the employees;  and
(2)  retain the following information:
(A)  the name of each employee paid in whole or part from a grant;
(B)  the source of the grant;
(C)  the amount of the employee's salary paid from the grant;
(D)  the amount of the money provided by the grant for state contributions for the employee;  and
(E)  any other information the retirement system determines is necessary to enforce this section.
(d)  The retirement system may:
(1)  require from employers reports of applications for money;
(2)  require evidence that the applications include requests for funds available to pay state contributions to the retirement system for employees paid from the grant;  and
(3)  examine the records of any employer to determine compliance with this section and rules promulgated under it.
(e)  A person commits an offense if the person is an administrator of an employer and knowingly fails to comply with this section.
(f)  An offense under Subsection (e) is a Class C misdemeanor.
(g)  An employer who fails to comply with this section may not, after the failure, apply for or spend any money from a federal or private grant.  The retirement system shall report alleged noncompliance to the attorney general, the Legislative Budget Board, the comptroller of public accounts, and the governor.  The attorney general shall bring a writ of mandamus against the employer to compel compliance with this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.405 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 8.55, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1540, Sec. 21, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1223 (H.B. 2358), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter E. Collection of Membership Fees and Contributions › Section 825.409. Employer Pickup of Member Contributions

Sec. 825.409.  EMPLOYER PICKUP OF MEMBER CONTRIBUTIONS.  (a)  Each employer shall pick up the employee contribution required of each of its employees by Section 825.403 for all compensation earned after December 31, 1987.  Employers shall pay to the retirement system the picked-up contributions from the same source of funds that is used in paying earnings to the employees.  Such payments shall be in lieu of contributions by the employees.  An employer shall pick up these contributions by a corresponding reduction in the cash salary of the employees, by an offset against a future salary increase, or by a combination of a salary reduction and offset against a future salary increase.  Employees do not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system.
(b)  Contributions picked up as provided by Subsection (a) shall be treated as employer contributions in determining tax treatment of the amounts under the United States Internal Revenue Code;  however, each employer shall continue to withhold federal income taxes on these picked-up contributions until the Internal Revenue Service determines or the federal courts rule that pursuant to Section 414(h) of the Internal Revenue Code of 1986 (26 U.S.C. Section 414) these picked-up contributions may not be included as gross income of the employee until such time as they are distributed or made available.
(c)  Employee contributions picked up as provided by Subsection (a) shall be transmitted to the retirement system in the manner required by Section 825.403.  Employee contributions picked up by an employer and credited to the employee's account shall be treated for all other purposes as if the amount were a part of the member's annual compensation and had been deducted pursuant to Section 825.403(a).
Added by Acts 1987, 70th Leg., ch. 642, Sec. 1, eff. June 19, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.407 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 C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.501. Statement of Amount in Individual Accounts

Sec. 825.501.  STATEMENT OF AMOUNT IN INDIVIDUAL ACCOUNTS.  (a)  No later than December 1 of each year, the board of trustees shall furnish to each member a statement of the amount credited to the member's individual account as of August 31 of the preceding fiscal year.
(b)  In addition to the statement required by Subsection (a) of this section, the board of trustees shall furnish, on written request, to a member of the retirement system a statement of the amount credited to the member's individual account.  The board is not required to furnish more than four of these statements to each member a calendar year.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 929, Sec. 6, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.501 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.06(f), eff. Aug. 26, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.502. Payment of Contributions to a Member Absent From Service

Sec. 825.502.  PAYMENT OF CONTRIBUTIONS TO A MEMBER ABSENT FROM SERVICE.  (a)  If a demand for the accumulated contributions of a member with fewer than five years of service has not been made in accordance with Section 822.005 before the seventh anniversary of the member's last day of service, the retirement system shall return to the member or to the member's heirs all accumulated contributions of the member.
(b)  If the member or the member's heirs cannot be found after complying with the policy adopted under Subsection (c), the member's accumulated contributions are forfeited to the retirement system. The retirement system shall credit the amount forfeited to the retired reserve account.
(c)  The board of trustees shall adopt a policy requiring the retirement system to make all reasonable efforts to locate and notify a member or, if appropriate, the member's heirs of their entitlement to a return of accumulated contributions under this section. The policy must ensure that the:
(1)  notice:
(A)  provides information on how a member or the member's heirs, as appropriate, may withdraw the accumulated contributions, including information on how to effectuate a withdrawal through an election to receive a direct rollover of the contributions to an eligible retirement plan; and
(B)  is initially sent to the member by certified mail, return receipt requested, at the last known address of the member according to the system's records; and
(2)  procedure used to locate a member or the member's heirs:
(A)  requires, at a minimum, that the system conduct Internet searches to determine a current and accurate mailing address of the member or the member's heir and send a notice that complies with Subdivision (1) to the member or the member's heir, as applicable, by certified mail, return receipt requested; and
(B)  employs a matrix based on defined factors for determining on a graduated scale the degree and type of additional effort required, and those efforts must include:
(i)  contacting the member's designated beneficiary;
(ii)  obtaining information from consumer reporting agencies; and
(iii)  using commercial locating services.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1989, 71st Leg., ch. 835, Sec. 9, eff. Sept. 1, 1989.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.502 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 16, Sec. 11.05(i), eff. Aug. 26, 1991.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 10, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.503. Reproduction and Preservation of Records

Sec. 825.503.  REPRODUCTION AND PRESERVATION OF RECORDS.  (a)  The retirement system may photograph, microphotograph, or film, or use electronic storage for, all records pertaining to a member's individual file, accounting records, district report records, and investment records.  The retirement system may receive any record or report on paper or film or in an electronic storage format.
(b)  If a record is reproduced under Subsection (a), the retirement system may destroy or dispose of the original record if the system first:
(1)  places the reproduction or electronic record in a file conveniently accessible to retirement system personnel;  and
(2)  provides for the preservation, examination, and use of the reproduction or stored electronic record.
(c)  A photograph, microphotograph, film, or electronic record of a record received or reproduced under Subsection (a) is equivalent to the original record for all purposes, including introduction as evidence in all courts and administrative agency proceedings.  A duly certified or authenticated copy of such a photograph, microphotograph, film, or electronic record is admissible as evidence equally with the original photograph, microphotograph, film, or electronic record.
(d)  The executive director or an authorized representative may certify the authenticity of a photograph, microphotograph, film, or electronic record of a record reproduced under this section and shall charge a fee for the certified photograph, microphotograph, film, or electronic record as provided by law.
(e)  Certified records shall be furnished to any person who is authorized by law to receive them.
(f)  In this section:
(1)  "Electronic storage" means the maintenance of record data in the form of digital electronic signals on a computer hard disk, magnetic tape, optical disk, or similar medium readable by machine.
(2)  "Electronic record" means any information that is recorded in a form for computer processing.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.503 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1993, 73rd Leg., ch. 812, Sec. 28, eff. Sept. 1, 1993;  Acts 1995, 74th Leg., ch. 555, Sec. 50, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.504. Employer Certification to Board

Sec. 825.504.  EMPLOYER CERTIFICATION TO BOARD.  (a)  An employer annually shall certify to the board of trustees the beginning date of the contract of each member whose contract year begins after June 30 and continues after August 31 of the same calendar year.
(b)  For school years after the 1994-1995 school year, an employer annually shall certify to the board of trustees the beginning date of an oral or written work agreement that begins after June 30 and continues after August 31 of the same calendar year.
(c)  Each reporting district shall cooperate with the retirement system in ascertaining a member's annual earnings during any year.  The board of trustees by rule may prescribe the form of and procedures for filing certifications required by this section.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.504 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 51, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.505. Audits

Sec. 825.505.  AUDITS.  For the purpose of determining the propriety of contributions or credits, the records of an employer concerning the employment and compensation of its personnel are subject to examination, in the offices of the employer during regular working hours, by representatives of the retirement system designated to conduct the examination.
Added by Acts 1985, 69th Leg., ch. 556, Sec. 4, eff. Aug. 26, 1985.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.505 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.506. Plan Qualification

Sec. 825.506.  PLAN QUALIFICATION.  (a)  It is intended that the provisions of this subtitle be construed and administered in a manner that the retirement system's benefit plan will be considered a qualified plan under Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).  Notwithstanding any other provision of this subtitle, benefits provided to a retiree, or based on the service of a member or retiree, may not exceed benefits permitted to be provided by a qualified plan by Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Section 415).  The board of trustees may adopt rules that modify the plan to the extent necessary for the retirement system to be a qualified plan and shall adopt rules to ensure that benefits paid to a retiree, or to a beneficiary of a member or retiree, do not exceed the limits provided by Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Section 415).  Rules adopted by the board of trustees are to be considered a part of the plan.
(b)  In determining qualification status under Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401), the retirement system's benefit plan shall be considered primary.  An employer may not provide employee retirement or deferred benefits to the extent that, when considered together with the benefits authorized by this subtitle as required by federal law, would result in the retirement system's plan failing to meet federal qualification standards as applied to public pension plans.
(c)  It is intended that the retirement system administer the plan in a manner that satisfies the required minimum distribution provisions of Section 401(a)(9), Internal Revenue Code of 1986.  The board of trustees may adopt rules to administer the distribution requirements, including distribution when a participant dies before the entire interest is distributed.
Added by Acts 1987, 70th Leg., ch. 642, Sec. 2, eff. June 19, 1987.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 35.506 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 52, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 33, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.508. Powers of Attorney

Sec. 825.508.  POWERS OF ATTORNEY.  (a)  A person entitled to payment of an annuity or other benefits administered by the retirement system may direct the retirement system to treat as the authorized representative of the person concerning the disposition of the benefits an attorney-in-fact under a power of attorney that complies with Subsection (b).
(b)  The system must honor a power of attorney executed in accordance with Subchapters A and B, Chapter 752, Estates Code.
(c)  If the power of attorney is revoked, the retirement system is not liable for payments made to or actions taken at the request of the attorney-in-fact before the date the system receives written notice that the power of attorney has been revoked.
Added by Acts 1991, 72nd Leg., 1st C.S., ch. 13, Sec. 29, eff. Nov. 12, 1991.  Renumbered from Sec. 825.507 by Acts 1993, 73rd Leg., ch. 107, Sec. 10.01(8), eff. Aug. 30, 1993, and Acts 1993, 73rd Leg., ch. 812, Sec. 30, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 53, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 22.041, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.511. Complaint Files

Sec. 825.511.  COMPLAINT FILES.  (a)  The retirement system shall maintain a system to promptly and efficiently act on complaints filed with the retirement system.  The retirement system shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The retirement system shall make information available describing its procedures for complaint investigation and resolution.
(c)  The retirement system shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 1993, 73rd Leg., ch. 812, Sec. 31, eff. Sept. 1, 1993.  Amended by Acts 1995, 74th Leg., ch. 555, Sec. 54, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 12, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 11, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.513. Information for Publication

Sec. 825.513.  INFORMATION FOR PUBLICATION.  The retirement system shall verify with the State Pension Review Board the accuracy of information about the effects of proposed legislation on benefits and the trust fund before including the information in an official publication of the retirement system.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 55, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.514. Historically Underutilized Business

Sec. 825.514.  HISTORICALLY UNDERUTILIZED BUSINESS.  The retirement system is subject to the provisions, including Chapter 2161, that relate to historically underutilized businesses.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 55, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(21), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.515. Information About Member Positions

Sec. 825.515.  INFORMATION ABOUT MEMBER POSITIONS.  (a)  At least annually, the retirement system shall acquire and maintain records identifying members and specifying the types of positions they hold as members.  Employers shall provide to the retirement system information specifying the type of position held by each member as Administrative/Professional, Teacher/Full-Time Librarian, Support, Bus Driver, or Peace Officer.  Employers shall also provide to the retirement system the work e-mail address for each member.  For each member identified as a Peace Officer, the records must specify whether the member is an employee of an institution of higher education or of a public school that is not an institution of higher education.  An employer shall provide the information required by this section in the form and manner specified by the retirement system.
(b)  Information contained in records of the retirement system maintained under this section is confidential within the limits prescribed by Section 825.507.
Added by Acts 1995, 74th Leg., ch. 555, Sec. 55, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1540, Sec. 24, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 455 (S.B. 1667), Sec. 20, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 17, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.516. Nonprofit Association Dues

Sec. 825.516.  NONPROFIT ASSOCIATION DUES.  (a)  A retiree who is receiving an annuity from the retirement system may request the system to withhold from the retiree's monthly annuity payment membership dues for a nonprofit association of retired school employees in this state, if the association is statewide and its membership includes at least five percent of all retirees of the retirement system.  The request for withholding must be on a form provided by the retirement system.
(b)  After the retirement system receives a request authorized by this section, the system may make the requested deductions until the earlier of:
(1)  the date the annuity is terminated;  or
(2)  the first payment of the annuity after the date the system receives a written request signed by the retiree canceling the request for the withholding.
(c)  The retirement system shall send all dues withheld under this section to the nonprofit association after each monthly payment of annuities.
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 30, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1540, Sec. 25, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.517. Excess Benefit Arrangement

Sec. 825.517.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system.  This excess benefit arrangement shall be administered as a governmental excess benefit arrangement under Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess benefit arrangement is to pay to annuitants of the retirement system benefits otherwise payable by the retirement system that exceed the limitations on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).
(b)  The board of trustees is responsible for the administration of this arrangement.  Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities concerning the excess benefit arrangement as it has to the trust fund.
(c)  Benefits under this section are exempt from execution to the same extent as provided by Section 821.005.  Contributions to this arrangement are not held in trust and may not be commingled with other funds of the retirement system.
(d)  An annuitant is entitled to a monthly benefit under this section in an amount equal to the amount by which the benefit otherwise payable by the retirement system has been reduced by the limitation on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).  The benefit payable by this arrangement is payable at the times and in the form that the benefit payable under the trust fund is paid.
(e)  The benefit payable under this section shall be paid from state contributions that otherwise would be made to the trust fund under Section 825.404.  In lieu of deposit in the state contribution account, an amount determined by the retirement system to be necessary to pay benefits under this section shall be paid monthly to the credit of a dedicated account in the general revenue fund maintained only for the excess benefit arrangement.  The account may include amounts needed to pay reasonable and necessary expenses of administering this arrangement.  The monthly amount to be paid to the credit of the account shall be transferred to the account at least 15 days before the date of a monthly disbursement under this section.
(f)  The board of trustees may adopt rules governing the excess benefit arrangement that are necessary for the efficient administration of the arrangement in compliance with Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).
Added by Acts 1997, 75th Leg., ch. 1416, Sec. 31, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.519. Electronic Information

Sec. 825.519.  ELECTRONIC INFORMATION.  (a)  The retirement system may provide confidential information electronically to members or other participants or employers and receive information electronically from those persons, including by use of an electronic signature or certification in a form acceptable to the retirement system.  An unintentional disclosure to, or unauthorized access by, a third party related to the transmission or receipt of information under this section is not a violation by the retirement system of any law, including a rule relating to the protection of confidential information.
(b)  The retirement system may provide to a member or retiree any information that is required to be provided, distributed, or furnished under Section 802.106(a), (b), (d), or (e) by:
(1)  sending the information to an e-mail address of the member or retiree furnished to the retirement system by an employer covered by the retirement system; or
(2)  directing the member or retiree through a written notice or e-mail to an Internet website address to access the information.
(c)  The retirement system may provide to an active member of the retirement system the information that is required to be provided under Section 802.106(c) by sending the information to an e-mail address specified by the member for the purpose of receiving confidential information.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 37, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 930 (S.B. 1663), Sec. 15, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.520. Immunity From Liability

Sec. 825.520.  IMMUNITY FROM LIABILITY.  The trustees, executive director, and employees of the retirement system are not liable for any action taken or omission made or suffered by them in good faith in the performance of any duty in connection with any program or system administered by the retirement system.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 37, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter F. Miscellaneous Administrative Procedures › Section 825.521. Deadline to Appeal Administrative Decision

Sec. 825.521.  DEADLINE TO APPEAL ADMINISTRATIVE DECISION.  In adopting rules governing an appeal authorized by law or rule of a determination or decision of the retirement system by the system's staff, including a final administrative decision of the system, the board of trustees shall ensure that rules establishing deadlines for filing the appeal afford a member or retiree at least the same amount of time to file the appeal as the retirement system has to issue the determination or decision.
Added by Acts 2019, 86th Leg., R.S., Ch. 833 (H.B. 2629), Sec. 1, eff. September 1, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 12, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter G. Outreach to Members and Employers › Section 825.601. Outreach Plan

Sec. 825.601.  OUTREACH PLAN.  (a)  The board of trustees shall develop and adopt an outreach plan designed to assist each member of the system, and as appropriate the members' employers, in effectively planning for the member's retirement.  The plan must require the retirement system to:
(1)  identify and implement ways to improve communication between the system and the system's members and employers;
(2)  update and develop outreach materials and other information distributed by the system, including handbooks, brochures, presentations, and handouts, in a manner that complies with Section 802.106(g);
(3)  update and develop policies governing retirement benefits counseling provided to members by the system, including policies that:
(A)  subject to Section 825.602, ensure the system makes group and individual member retirement benefits counseling available throughout the state; and
(B)  clarify that the retirement system does not provide financial or legal advice;
(4)  provide at least annually to each member of the system, regardless of whether the member is vested in the system, an estimate of the member's retirement benefits;
(5)  enhance employer training and establish an Internet portal designed to assist employers to:
(A)  satisfy applicable reporting requirements;
(B)  provide general information to individual members on:
(i)  employment after retirement;
(ii)  enrollment in  health insurance benefit plans; and
(iii)  retirement benefits and retirement planning; and
(C)  facilitate other communications or exchanges involving members and the retirement system; and
(6)  design and implement methods for maintaining up-to-date contact information for members and beneficiaries based on best practices for outreach.
(b)  In developing the outreach plan, the board of trustees shall solicit input through surveys or other means from members of the system, employers, and other stakeholders, including appropriate advisory groups.
(c)  Once every five years, the retirement system shall review and update the outreach plan adopted under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 13, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 14, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter G. Outreach to Members and Employers › Section 825.602. Retirement Benefits Counseling for Individuals

Sec. 825.602.  RETIREMENT BENEFITS COUNSELING FOR INDIVIDUALS.  (a)  To the extent feasible, the retirement system shall make retirement benefits counseling for individual members available in conjunction with informational or educational programs concerning retirement planning that the system provides for groups.
(b)  The retirement system shall provide retirement benefits counseling for individual members:
(1)  in different geographic regions of this state, including regions outside of Austin; and
(2)  in person or by phone, at the election of the member.
Added by Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 13, eff. September 1, 2007.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 141 (H.B. 1585), Sec. 15, eff. May 26, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 825 - Administration › Subchapter G. Outreach to Members and Employers › Section 825.604. Information Provided to Members

Sec. 825.604.  INFORMATION PROVIDED TO MEMBERS.  The retirement system shall regularly provide information in an electronic format to members and retirees regarding the tutoring program established under Section 33.913, Education Code, that includes:
(1)  general information regarding the tutoring program; and
(2)  a statement directing members and retirees who want to participate in the tutoring program to contact their local school districts or open-enrollment charter schools for further guidance.
Added by Acts 2021, 87th Leg., R.S., Ch. 806 (H.B. 1525), Sec. 47, eff. September 1, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 880 (S.B. 1356), Sec. 4, eff. June 16, 2021.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.001. Purpose of Chapter

Sec. 830.001.  PURPOSE OF CHAPTER.  The purpose of this chapter is to establish a complete retirement program for faculty members employed in state-supported institutions of higher education as an incentive that will attract high quality faculties and thereby improve the level of education at state-supported colleges and universities.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.001 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.0011. Definition

Sec. 830.0011.  DEFINITION.  Notwithstanding Section 821.001, in this chapter "retirement system" means the Teacher Retirement System of Texas or the Employees Retirement System of Texas, as the context requires.
Added by Acts 1995, 74th Leg., ch. 586, Sec. 33, eff. Aug. 28. 1995.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.002. Optional Retirement Program

Sec. 830.002.  OPTIONAL RETIREMENT PROGRAM.  (a)  The optional retirement program established as provided by this subtitle shall provide for contributions to any type of investment authorized by Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403), as it existed on January 1, 1981, and for the purchase of fixed or variable retirement annuities that meet the requirements of that section and Section 401(g) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).
(b)  Participation in the optional retirement program is an alternative to active membership in the retirement system.
(c)  The Texas Higher Education Coordinating Board shall develop policies, practices, and procedures as necessary in accordance with applicable statutes to provide greater uniformity in the administration of the retirement annuity insurance program available to employees of Texas state colleges and universities through the optional retirement program.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 207, ch. 18, Sec. 35, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.002 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 242, Sec. 11.117, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.003. Application

Sec. 830.003.  APPLICATION.  In this chapter, the term "institution of higher education" includes the Texas Higher Education Coordinating Board, the Texas State Technical College System, and the institutions defined in Section 821.001(10), but excludes the Rodent and Predatory Animal Control Service.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.003 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 287, Sec. 31, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.004. Administration

Sec. 830.004.  ADMINISTRATION.  (a)  A governing board may provide for contributions to any type of investment authorized by Section 403(b) of the Internal Revenue Code of 1986 (26 U.S.C. Section 403), as it existed on January 1, 1981, and may arrange the purchase of annuity contracts from any insurance or annuity company that is qualified to do business in this state.
(b)  If a governing board has more than one component institution, agency, or unit under its jurisdiction, the governing board may provide a separate optional retirement program for each component or may place two or more components under a single program.
(c)  An institution of higher education may establish a governmental excess benefit arrangement as provided by Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)) for the purpose of providing to participants in the optional retirement program any portion of a participant's benefits that would otherwise be payable under the terms of the program except for the limitation on benefits imposed by Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. Section 415).  The governing board of an institution of higher education may take any action necessary to establish and implement a governmental excess benefit arrangement authorized in accordance with this subsection.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 18, Sec. 36, eff. Nov. 10, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.004 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 697, Sec. 1, eff. June 17, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.005. Exemption From Taxes

Sec. 830.005.  EXEMPTION FROM TAXES.  If qualified to do business in this state, a life insurance or annuity company is exempt from the payment of franchise or premium taxes on annuity or group insurance policies issued under a benefit program authorized and at least partly paid for by the governing board of an institution of higher education or the Texas Education Agency.
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981.  Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 36.005 by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 391, Sec. 73, eff. July 1, 1991;  Acts 1997, 75th Leg., ch. 165, Sec. 6.24, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 8 - Public Retirement Systems › Subtitle C - Teacher Retirement System of Texas › Chapter 830 - Optional Retirement Program › Subchapter A. General Provisions › Section 830.006. Reports From Institutions

Sec. 830.006.  REPORTS FROM INSTITUTIONS.  (a)  The governing board of each institution of higher education, other than the Texas Higher Education Coordinating Board, shall annually submit a report to the coordinating board that includes information concerning the number of participants and eligible positions and the amount of contributions.
(b)  The governing board of each institution required to file a report under Subsection (a) shall keep records, make certifications, and furnish to the Texas Higher Education Coordinating Board information and reports as required by the coordinating board to enable it to carry out its functions under this subtitle.
(c)  The Texas Higher Education Coordinating Board shall prepare the report required by Subsection (a) and shall maintain the information required by Subsection (b) with respect to its own employees.
Added by Acts 1991, 72nd Leg., ch. 242, Sec. 11.118, eff. Sept. 1, 1991.