2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 10A. Group D Member Hybrid Component

Sec. 10A.  GROUP D MEMBER HYBRID COMPONENT.  (a)  On and after January 1, 2018, in addition to the group D member contributions under Section 8 of this Act, each group D member shall contribute one percent of the member's salary for each biweekly pay period beginning with the member's first full biweekly pay period after the later of January 1, 2018, or the group D member's first date of employment.  The contribution required by this subsection:
(1)  shall be picked up and paid in the same manner and at the same time as group D member contributions required under Section 8(a)(3) of this Act, subject to applicable rules;
(2)  is separate from and in addition to the group D member contribution under Section 8(a)(3) of this Act; and
(3)  is not subject to reduction or increase under Sections 8A through 8F of this Act or a refund under Section 17 of this Act.
(b)  For each biweekly pay period of a group D member's service for which the group D member makes the contribution required under Subsection (a) of this section, the following amounts shall be credited to a notional account, known as a cash balance account, for the group D member:
(1)  the amount of the contributions paid under Subsection (a) of this section for that biweekly pay period; and
(2)  interest on the balance of the group D member's cash balance account determined by multiplying:
(A)  an annual rate that is one-half the pension system's five-year investment return based on a rolling five-fiscal-year basis and net of investment expenses, with a minimum annual rate of 2.5 percent and a maximum annual rate of 7.5 percent, and divided by 26; and
(B)  the amount credited to the group D member's cash balance account as of the end of the biweekly pay period.
(c)  The pension system may not pay interest on amounts credited to a cash balance account but not received by the pension system under Subsection (b) of this section.
(d)  On separation from service, a group D member is eligible to receive only a distribution of the contributions credited to that group D member's cash balance account, without interest, if the group D member has attained less than one year of service while contributing to the cash balance account.  If a group D member attains at least one year of service while contributing to the cash balance account, the group D member is fully vested in the accrued benefit represented by that group D member's cash balance account, including interest.
(e)  In a manner and form prescribed by the pension board, a group D member who terminates employment is eligible to elect to receive the group D member's cash balance account benefit in a lump-sum payment, in substantially equal periodic payments, in a partial lump-sum payment followed by substantially equal periodic payments, or in partial payments from the group D member's cash balance account.
(f)  Contributions may not be made to a group D member's cash balance account for a period that occurs after the date the group D member terminates employment, except that interest at a rate that is not greater than the rate under Subsection (b)(2) of this section, as determined by the pension board, may be credited based on the former group D member's undistributed cash balance account after the date the group D member terminates employment.
(g)  On the death of a group D member or former group D member before the full distribution of the member's cash balance account, the deceased member's cash balance account shall be payable in a single lump-sum payment to:
(1)  the deceased member's surviving spouse;
(2)  if there is no surviving spouse, each designated beneficiary of the deceased member, designated in the manner and on a form prescribed by the pension board; or
(3)  if there is no designated beneficiary, the deceased member's estate.
(h)  The lump-sum payment described by Subsection (g) of this section shall be made within a reasonable time after the pension board has determined that the individual or estate is eligible for the distribution.
(i)  Subject to the other provisions of this section, the pension board may adopt rules necessary to implement this section, including rules regarding the payment of the cash balance account and limitations on the timing and frequency of payments.  All distributions and changes in the form of distribution must be made in a manner and at a time that complies with the Internal Revenue Code of 1986.