reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.05. Municipal Contributions

Sec. 4.05. MUNICIPAL CONTRIBUTIONS.    (a)  Except as provided by Subsection (a-1) of this section, a municipality to which this Act applies shall pay into the fund an amount equal to double the sum total of all member contributions made in accordance with Section 4.04 of this Act.
(a-1) For a member who participates in the fund for the first time after September 30, 2003, and before October 1, 2005, a municipality is not required to pay an amount under Subsection (a) of this section into the fund for the member before the 61st day after the date the member becomes a participant in the fund.
(b) The payments into the fund by the municipality, both as to deductions and double-matching amounts, shall be made on the same day the contributions are deducted from the members' total salary.
(c) Any donations made to the fund and all amounts received from any source for the fund shall be deposited in the fund at the earliest opportunity.
(d) The municipality's double-matching amount under this section is in place of all other payments previously required by law to be made by the municipality.
(e) The municipal contribution and retirement annuities are a part of the compensation for services rendered to the municipality.  This Act is of the essence of the contract of employment and appointment of the fire fighters and police officers of a municipality to which this Act applies.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.06. Deficiency Payment by Municipality

Sec. 4.06. DEFICIENCY PAYMENT BY MUNICIPALITY.  A municipality to which this Act applies shall pay the deficiency, if any, between the amount available to pay all retirement annuities and other benefits owed under this Act and the amount required by this Act to pay those benefits.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.07. Refund of Contributions

Sec. 4.07. REFUND OF CONTRIBUTIONS.    (a)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1416, Sec. 17, eff. October 1, 2007.
(b)  A member of the fund who terminates employment before the member's right to benefits under the fund has vested is entitled to a refund of the member's contributions that were picked up by the municipality.  That refund shall be paid without interest.  A refund under this section is not available to a member who terminates employment to receive a disability pension or to a survivor beneficiary under this Act.  Except as provided by Section 4.08 of this Act, a person's acceptance of a refund under this subsection precludes the person from any other right or benefit under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 4. Membership and Contributions › Section 4.08. Purchase of Service Credit Previously Refunded

Sec. 4.08. PURCHASE OF SERVICE CREDIT PREVIOUSLY REFUNDED.    (a)  A member who received a refund under Section 4.07 of this Act of contributions made for a prior period of employment may reestablish service credit for that prior period of employment by paying to the fund a lump sum equal to the amount of the refund the member received under Section 4.07 of this Act, plus interest on the amount at the actuarial assumed rate of return, as established by the board, from the date the member received the refund to the date the member makes the lump-sum payment.
(b) A member must make the lump-sum payment under this section within a period of days after the date the member is reemployed that is equal to three times the number of days of the period beginning on the date the member terminated the member's prior employment and ending on the date the member is reemployed, provided that the period for making the lump-sum payment may not exceed five years.
(c) The member must file with the secretary of the board a written statement of intent to make the lump-sum payment under this section not later than the 90th day after the date the member is reemployed, except that a member who is reemployed before October 1, 2003, must file the statement on or before December 31, 2003.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.02. Retirement Benefits After Cessation of Membership

Sec. 5.02. RETIREMENT BENEFITS AFTER CESSATION OF MEMBERSHIP.    (a)  A person who has qualified for a retirement annuity under this Act but who has subsequently ceased to be a member of the fund or a properly enrolled member of the fire or police department, by whatever means or for whatever reason, is entitled to a retirement annuity from the fund that accrued to that person before the time that person ceased to be a member of the fund or a properly enrolled member of the fire or police department if the person or the person's beneficiary, in the event of the person's death, files an application for the retirement annuity with the board.
(b) A retirement annuity under Subsection (a) of this section begins the first full calendar month after the month in which the application is filed with the board.
(c) The amount of the retirement annuity under Subsection (a) of this section is the lesser of:
(1) the amount established as of the date the person ceased to be a member of the fund or a properly enrolled member of the fire or police department;  or
(2) the amount established as of the date the person or the person's beneficiary filed an application under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.04. Disability Retirement Benefits

Sec. 5.04. DISABILITY RETIREMENT BENEFITS.    (a)  A member who is eligible to retire and receive a disability retirement annuity under Section 5.03(a) of this Act is entitled to receive an annuity from the fund equal to:
(1)  50 percent of the member's average total salary, if the member has served three years or more before the date of retirement;
(2)  50 percent of the member's average monthly total salary as of the date of retirement multiplied by 12, if the member has served at least two months and less than three years before the date of retirement; or
(3)  50 percent of the member's average daily total salary as of the date of retirement multiplied by 360, if the member has served less than two months before the date of retirement.
(a-1)  Subject to Subsection (a-2) of this section a member who is eligible to retire and receive a catastrophic injury disability retirement annuity under Section 5.03(a-1) of this Act is entitled to receive an annuity from the fund equal to:
(1)  87.5 percent of the member's average total salary, if the member has served three years or more before the date of retirement;
(2)  87.5 percent of the member's average monthly total salary as of the date of retirement multiplied by 12, if the member has served at least two months and less than three years before the date of retirement; or
(3)  87.5 percent of the member's average daily total salary as of the date of retirement multiplied by 360, if the member has served less than two months before the date of retirement.
(a-2)  An annuity awarded by the board under Subsection (a-1) of this section to a member who was previously awarded an annuity under Subsection (a) of this section shall be increased to equal the amount the annuity awarded under Subsection (a) of this section would have been if the annuity had been awarded under Subsection (a-1) of this section, taking into account the cost of living adjustment increases provided for in Section 5.09 of this Act.  This subsection does not entitle the member to any additional payment for the period before the effective date of the award under Subsection (a-1) of this section.
(b)  In making computations under this section, all fractional years must be prorated based on full months served in the department as a contributing member of the fund.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1416, Sec. 17, eff. October 1, 2007.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.06. Removal of Disability and Waiver on Reinstatement

Sec. 5.06. REMOVAL OF DISABILITY AND WAIVER ON REINSTATEMENT.    (a)  If a disability retiree applies for reinstatement to the department from which that person retired, the disability retiree, in addition to complying with any applicable civil service laws, shall file a written application with the board for a discontinuance of that person's disability retirement annuity, subject to medical examination, indicating that the person has recovered from the disability for which that person has been receiving disability retirement annuity payments and certifying to the board that the chief of the department from which that person was retired approves that person's reinstatement.
(b) The applicant must execute a waiver on a form prescribed by the board in which the applicant waives a second disability retirement annuity resulting from the same disability that was the basis of the first disability at a higher rate than the applicant was receiving at the time of the reinstatement for a period of three years after reinstatement.  After three years of reinstated service, any subsequent disability retirement annuity is computed as any other disability retirement annuity.
(c) If the applicant is required to undergo retraining and is compensated during a period before being officially reinstated, the applicant's monthly disability retirement annuity shall be reduced by the amount of any monthly departmental payroll benefit, to the extent that the latter is greater.
(d) The board may approve the discontinuance of a disability retirement annuity as provided by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.07. Outside Income Pension Suspension or Reduction

Sec. 5.07.  OUTSIDE INCOME PENSION SUSPENSION OR REDUCTION.  (a)  The board shall require each disability retiree retiring after August 29, 1979, to provide the board annually not later than May 1 of each year with a true and complete copy of the retiree's income tax return for the previous year, except for a retiree who is 65 years of age or older as of December 31 of the previous year.
(a-1)  If a retiree fails to provide an income tax return to the board under Subsection (a) of this section, the board may suspend the retiree's disability retirement annuity until the retiree provides the required income tax return.
(b)  Subject to Subsection (c) of this section, if the retiree received income from other employment, including self-employment, during the preceding year, the board may reduce the retiree's disability retirement annuity by the amount of $1 for each month for each $2 of income earned by the retiree from the other employment during each month of the previous year, except that the disability retirement annuity may not be decreased below the amount determined under Section 5.05(c) of this Act.
(c)  The board may restore a disability retirement annuity that has been reduced under Subsection (b) of this section.  The amount of the restored annuity must be the same as the amount of the annuity before the reduction plus any applicable cost-of-living increases under Section 5.09 of this Act that occurred during the period the annuity was reduced.  This subsection does not require the board to allow or deny cost-of-living increases in any other circumstances.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.08. Reasonable Accommodation

Sec. 5.08. REASONABLE ACCOMMODATION.    (a)  A disability retirement annuity may not be granted or continued if the chief of the member's department will provide the member employment within the department commensurate with that person's physical and mental capabilities.
(b) A determination under this section is solely within the discretion of the department chief and must be reasonably exercised.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.09. Cost-of-Living Increases

Sec. 5.09. COST-OF-LIVING INCREASES.    (a)  At or before its regular meeting in the month of March, the board annually shall review the Consumer's Price Index for All Urban Consumers (CPI-U), U.S. City Average or the nearest equivalent published by the United States Bureau of Labor Statistics for the preceding calendar year.  If that index shows an increase during the preceding calendar year in the cost of living as compared with that index at the close of the previous year, the board shall order an increase of all service, disability, and death benefit retirement annuities by a percentage that varies by the date of the member's service or disability retirement, or, in the case of a member who died before retirement, the date on which the member died.  If the member's service retirement, disability retirement, or death before retirement occurred before August 30, 1971, the annuity shall be increased by a percentage equal to the percentage increase in the cost of living index.  If the member's service retirement, disability retirement, or death before retirement occurred on or after August 30, 1971, but before October 1, 1999, the annuity shall be increased as follows:  if the percentage increase in the cost of living index is eight percent or less, the annuity shall be increased by a percentage equal to the percentage increase, and if the percentage increase in the cost of living index is more than eight percent, the annuity shall be increased by eight percent plus a percentage equal to 75 percent of the percentage increase that is more than eight percent.  If the member's service retirement, disability retirement, or death before retirement occurred on or after October 1, 1999, the annuity shall be increased by a percentage equal to 75 percent of the percentage increase in the cost of living index.  A percentage increase in annuities shall be rounded to the nearest one-tenth percentage point for a cost of living increase.
(a-1)  The cost of living increases described by this section do not apply to an annuity payable under Section 6.02(g-3) of this Act until the annuity becomes effective.
(b) The annuities to which this section applies shall be computed as of the month of January before that March board meeting and shall continue in effect for at least one full year until there has been an additional increase to that cost-of-living index and the board enters another order as provided by this section.
(c) The cost-of-living increase paid to any retiree or beneficiary during the first full year after the effective date of the service retirement, disability retirement, or death shall be prorated on the basis of full months from the date of the member's service retirement, disability retirement, or death.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.11. 13th Check for Retirees

Sec. 5.11. 13TH CHECK FOR RETIREES.    (a)  In any fiscal year ending after 1996 for which the board determines that the average annual investment yield on the market value of fund investments for the preceding five fiscal years exceeded the annual investment yield projected by the actuary for that preceding five-fiscal-year period by at least 100 basis points, the board may authorize the disbursement of a 13th pension check.
(b) The 13th pension check is paid to each retiree who is entitled to receive an annuity in the last month of the fiscal year preceding the fiscal year in which the check is disbursed and is in an amount equal to the amount of the annuity payment made in the last month of the preceding fiscal year, except the amount of any such check shall be prorated for any retiree who has been receiving an annuity for less than one year so that the amount of the check is one-twelfth of the check that would have been paid to the retiree receiving an annuity for a full year times the number of full months an annuity has been paid.
(b-1)  If a retiree is entitled to receive a 13th check in accordance with Subsection (b) of this section, but dies before payment of the 13th check and has no surviving spouse or dependent child, the 13th check shall be paid to the retiree's estate.
(c) Authorization of a 13th check for any year is subject to the discretion of the board.  Authorization for one year does not obligate the board to authorize a 13th check for any other year.  The 13th check shall be paid as the board directs.
(d) In this section, "annual investment yield" means the yield on the fund's investment portfolio for a particular year, as a percentage of the portfolio, after reduction for costs of investing the portfolio, but without reduction for the fund's operating expenses.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 5. Member Benefits › Section 5.12. 14th Check for Retirees

Sec. 5.12. 14TH CHECK FOR RETIREES.    (a)  In this section, "annual investment yield" has the meaning assigned by Section 5.11(d) of this Act.
(b) In a fiscal year ending after September 1, 2000, for which the board determines that the average annual investment yield on the market value of fund investments for the preceding five fiscal years exceeded the annual investment yield projected by the actuary for that five-fiscal-year period by at least 300 basis points, the board may authorize the disbursement of a 14th pension check.
(c) The 14th pension check is paid to each retiree who is entitled to receive an annuity in the last month of the fiscal year preceding the fiscal year in which the check is disbursed.  Except as provided by Subsection (d) of this section, the check is in an amount equal to the amount of the annuity payment made in the last month of the preceding fiscal year.
(c-1)  If a retiree is entitled to receive a 14th check in accordance with Subsection (c) of this section, but dies before payment of the 14th check and has no surviving spouse or dependent child, the 14th check shall be paid to the retiree's estate.
(d) For a retiree who has received an annuity for less than one year, the amount of the 14th pension check is prorated so that the amount of the check is one-twelfth of the check that would have been paid to a retiree receiving an annuity for a full year times the number of full months an annuity has been paid.
(e) Authorization of a 14th check for any year is subject to the discretion of the board.  Authorization for one year does not obligate the board to authorize a 14th check for any other year.  The 14th check shall be paid as the board directs.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.01. Member's Beneficiary and Dependent Child's Rights

Sec. 6.01. MEMBER'S BENEFICIARY AND DEPENDENT CHILD'S RIGHTS.    (a)  A member of the fund has, in addition to all rights accruing from the person's membership, the same right to receive benefits as a beneficiary that a nonmember who is a beneficiary has in similar circumstances if the member's spouse also is a member of the fund.
(b)  Subject to the applicable provisions of this Act, including Section 6.02(j) of this Act, a dependent child is entitled to receive benefits based on the service of any parent who is a member of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.03. Death Benefit Annuity for Spouse and Children of Member Killed in Line of Duty

Sec. 6.03.  DEATH BENEFIT ANNUITY FOR SPOUSE AND CHILDREN OF MEMBER KILLED IN LINE OF DUTY.  (a)  The death benefit annuity of a surviving spouse and any dependent child of a member of the fund who is killed in the line of duty is governed by this section.
(a-1)  A member of the fund is considered to have been killed in the line of duty if the member's death directly resulted from traumatic injury sustained while engaging in or conducting simulated training of a law enforcement activity, fire suppression activity, rescue, hazardous material response, emergency medical services, disaster relief, or other emergency response activity.  For purposes of this subsection, "traumatic injury" means severe physical injury of sudden onset and of a life-ending or life-threatening nature.
(b)   On an application for survivor's benefits by a surviving spouse or dependent child, the fund shall pay the normal benefits payable under Section 6.02 of this Act.  When a benefit is payable under this section, the death benefit annuity shall be recomputed, applying Subsection (c) of this section, and any deficiency payment shall be paid to the eligible beneficiaries.
(c)  Notwithstanding the formulas for computing the total amounts of annuities otherwise provided by this Act, if a member is killed in the line of duty, the member's surviving spouse and dependent children are entitled to a death benefit annuity equal to:
(1)  the total salary the member received during the 12-month period before the date of the member's death, if the member served 12 months or more before the date of the member's death;
(2)  the average monthly total salary the member received before the date of the member's death multiplied by 12, if the member served at least two months and less than 12 months before the date of the member's death; or
(3)  the average daily total salary the member received before the date of the member's death multiplied by 360, if the member served less than two months before the date of the member's death.
(d)  The provisions of this Act relating to qualification and disqualification for and apportionment of benefits apply to a death benefit annuity computed under this section.  A death benefit annuity computed under this section is divided in the manner described by Section 6.02 of this Act and is subject to the same cost-of-living adjustments that apply to annuities for service retirement.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.04. Effect of Marriage on Benefits

Sec. 6.04.  EFFECT OF MARRIAGE ON BENEFITS.  (a)  Except as provided by Subsection (e) of this section, the right of a surviving spouse or dependent child to annuity payments under this Act is not affected by the surviving spouse's marriage or dependent child's marriage under either statutory or common law if the marriage takes place on or after October 1, 1995.
(b)  This subsection applies to a surviving spouse or dependent child whose marriage under either statutory or common law took place before October 1, 1995, and resulted in a termination of benefits under the law in effect at the time of the marriage.  Subject to Subsection (d) of this section and except as provided by Subsection (e) of this section, if on October 1, 1995, the surviving spouse or dependent child is unmarried or if after October 1, 1995, there is a termination of the marriage of a surviving spouse or dependent child, the surviving spouse or dependent child, as applicable, is entitled, on application, to 100 percent of the annuity that was in effect on the date of the termination of benefits, payable from the date of the termination of the marriage.  A surviving spouse or dependent child entitled to an annuity under this subsection is also entitled to any applicable cost-of-living increases under Section 5.09 of this Act that occurred on or after the date the marriage terminated.
(d)  The benefit provided under Subsection (b) of this section shall be provided prospectively beginning October 1, 1995, and the surviving spouse or dependent child is not entitled to receive any benefits or increases in benefits relating to any period before October 1, 1995.
(e)  A person must be living at the time of application to be eligible for benefits under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.05. Affidavit of Marital Status

Sec. 6.05. AFFIDAVIT OF MARITAL STATUS.    (a)  A surviving spouse, a dependent child, or the guardian of a surviving spouse or dependent child may be required by the board to file an affidavit concerning the person's marital status or the marital status of the person's wards in any case in which marriage could affect the benefits of the surviving spouse or dependent child.
(b) If the surviving spouse, dependent child, or guardian fails or refuses to file an affidavit required under Subsection (a) of this section or if an incomplete, incorrect, or false affidavit is filed, the board may suspend annuity payments to that person indefinitely until the person complies with the requests and orders of the board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.06. Common-Law Marriages

Sec. 6.06.  COMMON-LAW MARRIAGES.  Common-law marriages are not recognized under this Act and benefits may not be conferred on common-law spouses as beneficiaries unless a declaration of informal marriage was made and recorded under Sections 2.402 and 2.404, Family Code, and their subsequent amendments, or any successor statutes, before the member's death.  The date the declaration of informal marriage is recorded under Section 2.404, Family Code, is the date of marriage for the purpose of determining whether any benefit is to be awarded to a surviving common-law spouse as a beneficiary under this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.07. Surviving Spouse's Right to Single Entitlement

Sec. 6.07. SURVIVING SPOUSE'S RIGHT TO SINGLE ENTITLEMENT.  A surviving spouse, whether or not a member of the fund, is not entitled to more than one death benefit annuity from the fund.  A surviving spouse who has been married to more than one deceased member or retiree is entitled to receive a death benefit annuity with respect to the deceased member or retiree that will provide the highest benefit.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.08. Lump-Sum Death Benefit

Sec. 6.08. LUMP-SUM DEATH BENEFIT.
(a)  Except as provided by Subsection (b) of this section, a surviving spouse of a retiree whose status as such resulted from any marriage after the date of the retirement of the retiree and who has been married to the retiree for a period of less than the five consecutive years preceding the date of the retiree's death, is entitled to a lump-sum death benefit because of the retiree's death in the amount of $15,000.
(b)  A surviving spouse is not entitled to a lump-sum death benefit under this section if a child is entitled to receive death benefits under this Act as a result of the retiree's death.
(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1416, Sec. 17, eff. October 1, 2007.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.09. Death Benefit Annuities to Dependent Parents

Sec. 6.09. DEATH BENEFIT ANNUITIES TO DEPENDENT PARENTS.    (a)  If a contributing member in good standing of the fire or police department or a retiree dies before or after retirement and leaves no surviving spouse or child but leaves surviving a father and mother wholly dependent on that person for support, the dependent father and mother are entitled to receive one-third of the average total salary of the deceased member based on the same number of years of the member's pay as is currently provided for computations of retirement annuities under Section 5.01 of this Act, the annuity to be equally divided between the father and mother as long as they are wholly dependent.  If there is only one dependent, either father or mother, the board shall grant the surviving dependent an annuity not to exceed one-fourth that average total salary as computed under this subsection.
(b)  An application for benefits under Subsection (a) of this section must be accompanied by a copy of the deceased member's or retiree's tax return filed for the last year ending before the member's or retiree's death or an explanation satisfactory to the board of why the tax return cannot be provided.  The board may, on its own initiative, make a thorough investigation, determine the facts as to the dependency with respect to an application for benefits made under Subsection (a) of this section, and at any time, on the request of any beneficiary or any contributor to the fund, reopen any award made to any member or dependent of any member who is receiving annuity payments under this section and discontinue those payments as to all or any of them.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.10. Suspension Rights

Sec. 6.10.  SUSPENSION RIGHTS.  (a)  Except as provided by Subsection (b) of this section, if a member dies who is on suspension at the time of the member's death, the member's beneficiary has the same rights as the beneficiaries of any other member under this Act.
(b)  If a member dies who is on indefinite suspension that has not become final as of the date of the member's death, the member's beneficiary has the same rights as the beneficiaries of any other member under this Act in accordance with Subsection (a) of this section only if the member's beneficiary provides sufficient evidence to the board to establish to the board's satisfaction that:
(1)  an administrative appeal of the indefinite suspension to the municipality was being actively pursued at the time of death; and
(2)  the member had a reasonable chance of having the indefinite suspension reversed or modified to be a suspension for a specific period.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.105. Date Suspension Final

Sec. 6.105.  DATE SUSPENSION FINAL.  For purposes of this Act, an indefinite suspension or a suspension for a specific period becomes final on the date:
(1)  any administrative appeal of the suspension to the municipality has been finally adjudicated by the municipality; or
(2)  if no administrative appeal of the suspension is made to the municipality, after the last day of the period for initiating an administrative appeal has elapsed.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.11. Death Benefit for Active Member's Estate

Sec. 6.11.  DEATH BENEFIT FOR ACTIVE MEMBER'S ESTATE.  If an active member dies and does not leave a beneficiary, the estate of the deceased member is entitled to a death benefit payment from the fund in an amount equal to the greater of:
(1)  10 times the amount of an annuity computed in accordance with Section 5.01(f-1) of this Act using the deceased member's service credit and average total salary as of the date of death; or
(2)  the refund of the member's contributions that were picked up by the municipality.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.115. Death Benefit for Retiree's Estate

Sec. 6.115.  DEATH BENEFIT FOR RETIREE'S ESTATE.  If a retiree dies and does not leave a beneficiary, the estate of the retiree is entitled to a death benefit payment from the fund in an amount equal to 10 times the amount of the annuity awarded by the board effective on the retiree's date of retirement, less any retirement or disability annuity and any lump sum under Section 5.015 of this Act paid to the retiree.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.12. 13th and 14th Checks for Beneficiaries

Sec. 6.12. 13TH AND 14TH CHECKS FOR BENEFICIARIES.    (a)  For any year in which the board authorizes disbursement of a 13th or 14th pension check to retirees under Section 5.11 or 5.12 of this Act, the board shall also authorize disbursement of a 13th or 14th check to each beneficiary entitled to receive an annuity in the last month of the fiscal year preceding the fiscal year in which the check is disbursed.
(b)  The amount of the 13th or 14th check is equal to the amount of the annuity payment made in the last month of the preceding fiscal year, except the amount of the check shall be prorated for any beneficiary of:
(1)  a member who died during the fiscal year preceding the fiscal year in which the check is disbursed so that the amount of the check is one-twelfth of the check that would have been paid to the beneficiary receiving an annuity for a full year times the number of full months an annuity has been paid; or
(2)  a retiree who retired and died during the fiscal year preceding the fiscal year in which the check is disbursed so that the amount of the check is one-twelfth of the check that would have been paid to the beneficiary receiving an annuity for a full year times the number of full months from the date of the retiree's retirement to the end of the fiscal year.
(c)  If a beneficiary is entitled to receive a 13th or 14th pension check in accordance with Subsection (a) of this section but dies before payment of the 13th or 14th check, the 13th or 14th check shall be paid to the beneficiary's estate.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.13. Guardianship

Sec. 6.13.  GUARDIANSHIP.  Any benefit payable under this article to a dependent child as defined by Section 1.02(7)(B) of this Act may be paid only to a guardian who is appointed in accordance with Title 3, Estates Code.  Any benefit payable under this article to a dependent child as defined by Section 1.02(7)(A) of this Act may, at the board's discretion, be:
(1)  paid to a guardian appointed in accordance with Title 3, Estates Code; or
(2)  accrued by the fund and paid directly to the dependent child on the child's 18th birthday.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 6. Beneficiary's Benefits › Section 6.15. Denial of Benefits; Death Caused by Survivor

Sec. 6.15.  DENIAL OF BENEFITS; DEATH CAUSED BY SURVIVOR.  (a)  If a person is the principal or an accomplice in wilfully bringing about the death of a member or beneficiary whose death would otherwise result in a benefit or benefit increase to the person, the person is not eligible for, or entitled to, that benefit or benefit increase.  The determination of the board that a person wilfully brought about the death, or was an accomplice in wilfully bringing about the death, must be made during a meeting of the board.  A determination by the board under this section is not controlled by any other finding in any other forum.
(b)  A benefit or benefit increase payable under this Act because of the death of a member or beneficiary shall be paid as if the person who is no longer eligible for or entitled to the benefit under Subsection (a) of this section predeceased the member or beneficiary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.01.

Sec. 7.01.  Repealed by Acts 2005, 79th Leg., Ch. 623, Sec. 13, eff. October 1, 2005.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.02. Accounts

Sec. 7.02. ACCOUNTS.  The accounts of the fund and of the members shall be kept separately.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.03. Reserve Retirement Fund

Sec. 7.03. RESERVE RETIREMENT FUND.    (a)  The board shall determine a reasonably safe amount of surplus necessary to defray reasonable expenses of administering the fund.
(b) All other assets shall be designated as reserve retirement funds.
(c) Only the board may invest and manage the reserve retirement funds for the sole benefit of the plan participants and their beneficiaries.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.04. Investment Powers of the Board

Sec. 7.04. INVESTMENT POWERS OF THE BOARD.    (a)  The board shall cause the reserve retirement funds to be invested in a manner that a prudent investor would invest, considering the purposes, terms, distribution requirements, and other circumstances of an enterprise with a like character and like aims.
(b) The board shall diversify the investment of the fund to minimize the risk of large losses unless under the circumstances it is clearly prudent not to do so.  In determining whether the board has exercised prudence concerning an investment decision, the investment of all assets of the fund, rather than the prudence of a single investment of the fund, shall be considered.
(c) The board may directly manage the investments of the fund or may choose and contract for professional management services.  If the fund owns real estate, it may, at its discretion, establish organizations described by Section 501(c)(2) or (25) of the code to hold title to the real estate.
(d) The board shall have the ultimate responsibility for the investment of the reserve retirement funds.  The board may purchase securities or engage in limited partnerships or make other investments not specifically provided by this Act and shall have the authority of exercising discretion in determining the nature, type, quality, and size of any investment consistent with the investment policies it establishes.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.05. Professional Consultants

Sec. 7.05. PROFESSIONAL CONSULTANTS.    (a)  The board may contract for professional investment management services, financial consultants, independent auditors, attorneys, and actuaries.  Only the board may enter into those contracts and may establish a reasonable fee for compensation.
(b) The board may designate its own custodian or master custodian to perform the customary duties involving the safekeeping of the assets and the execution of transactions of either domestic or foreign securities.  The board may engage in a securities lending program consistent with the benefits to plan participants and their beneficiaries.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7. Investments and Financial Provisions › Section 7.06. Investment Consultant Qualifications

Sec. 7.06.  INVESTMENT CONSULTANT QUALIFICATIONS.  In appointing investment consultants, the board shall require that the investment consultant be:
(1)  registered under the Investment Advisors Act of 1940 (15 U.S.C. Section 80b-1 et seq.) and its subsequent amendments;
(2)  a bank as defined by that Act; or
(3)  an insurance company qualified to perform investment services under the laws of more than one state.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 7A. Standards of Conduct and Financial Disclosure Requirements › Section 7.51. Policy

Sec. 7.51. POLICY.    (a)  A member of the board, the executive director, or another employee of the fund may not buy, sell, or exchange any property to or from the fund, deal with the assets of the fund in the person's own interest or for the person's own account, or receive any consideration for the person's personal account from any person dealing with the fund in connection with the income or assets of the fund.
(b) To implement Subsection (a) of this section and to strengthen the faith and confidence of the members and beneficiaries of the fund, the board shall develop standards of conduct and financial disclosure requirements to be observed by each member of the board and by the executive director in the performance of official duties.
(c) Repealed by Acts 1997, 75th Leg., ch. 35, Sec. 37, eff. Oct. 1, 1997.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 8. Excess Benefit Plan for Fire Fighters and Police Officers › Section 8.01. Creation of Plan

Sec. 8.01. CREATION OF PLAN.  A separate, nonqualified, unfunded excess benefit plan containing the provisions of this subchapter is created outside the fund.  The plan is intended to be a "qualified governmental excess benefit arrangement" within the meaning of Section 415(m) of the code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 8. Excess Benefit Plan for Fire Fighters and Police Officers › Section 8.02. Definitions

Sec. 8.02. DEFINITIONS.  In this article:
(1) "Excess benefit participant" means any member whose retirement benefits as determined on the basis of all qualified plans, without regard to the limitations of Section 5.10(a) of this Act and comparable provisions of other qualified plans, would exceed the maximum benefit under Section 415 of the code.
(2) "Excess benefit plan" means the excess benefit plan created by this article for the benefit of eligible members.
(3) "Maximum benefit" means the retirement benefit a member or the member's spouse, dependent child, or dependent parent is entitled to receive from all qualified plans in any month after applying Section 5.10(a) of this Act and any similar provisions of any other qualified plans designed to conform to Section 415 of the code.
(4) "Qualified plan" means the fund and any other plan that is maintained by the municipality for the exclusive benefit of some or all of the members of the fund and that has been found by the Internal Revenue Service to be qualified or has been treated by the municipality as a qualified plan under Section 401 of the code.
(5) "Unrestricted benefit" means the monthly retirement benefit a member or the member's spouse, dependent child, or dependent parent would have received under the terms of all qualified plans except for the restrictions of Section 5.10(a) of this Act and any similar provisions of any other qualified plans designed to conform to Section 415 of the code.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 8. Excess Benefit Plan for Fire Fighters and Police Officers › Section 8.03. Excess Benefit Entitlement

Sec. 8.03. EXCESS BENEFIT ENTITLEMENT.    (a)  An excess benefit participant who is receiving benefits from the fund is entitled to a monthly benefit under the excess benefit plan in an amount equal to the lesser of:
(1) the member's unrestricted benefit less the maximum benefit;  or
(2) the amount by which the member's monthly benefit from the fund has been reduced because of the limitations under Section 415 of the code.
(b) In the case of the death of an excess benefit participant whose spouse, dependent child, or dependent parent is entitled to preretirement or postretirement death benefits under a qualified plan, the spouse, dependent child, or dependent parent is entitled to a monthly benefit under the excess benefit plan equal to the benefit determined in accordance with Article 6 of this Act without regard to the limitations under Section 5.10(a) of this Act or Section 415 of the code, less the maximum benefit.
(c) Any benefit to which any person is entitled under this section shall be paid at the same time and in the same manner as the benefit would have been paid from the fund if payment of the benefit from the fund had not been precluded by Section 5.10(a) of this Act.  An excess benefit participant or any beneficiary may not elect to defer the receipt of all or any part of a payment due under this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243o. Police and Fire Fighter Retirement System in Municipalities of 750,000 to 1,000,000 › Article 8. Excess Benefit Plan for Fire Fighters and Police Officers › Section 8.04. Manner of Administration

Sec. 8.04. MANNER OF ADMINISTRATION.    (a)  The board shall administer the excess benefit plan.  Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities regarding the excess benefit plan as the board has for the fund.
(b) A consultant, independent auditor, attorney, or actuary selected to perform services for the fund under Section 7.05 of this Act shall also perform services for the excess benefit plan, but the person's fees for services for the excess benefit plan may not be paid by the fund.  The actuary employed under Section 7.05 of this Act shall advise the board of the amount of benefits that may not be provided from the fund solely by reason of the limitations of Section 415 of the code and the amount of municipal contributions that will be made to the excess benefit plan rather than to the fund.