reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 21. Determination of Benefits; Provision of Information

Sec. 21.  DETERMINATION OF BENEFITS; PROVISION OF INFORMATION.  (a)  The board may require any member, survivor, or other person or entity to furnish information the board requires for the determination of benefits under this article.  If a person or entity does not cooperate in the furnishing or obtaining of information required as provided by this section, the board may withhold payment of the pension or other benefits dependent on the information.
(b)  The city, not later than the 14th day after the date the city receives a request by or on behalf of the board, shall, unless otherwise prohibited by law, supply the pension system with personnel, payroll, and financial records in the city's possession that the pension system determines necessary to provide pension administrative and fiduciary services under this section, to establish beneficiaries' eligibility for any benefit, or to determine a member's credited service or the amount of any benefits, including disability benefits, and such other information the pension system may need, including:
(1)  information needed to verify service, including the following information:
(A)  the date a person is sworn in to a position;
(B)  the days a person is under suspension;
(C)  the days a person is absent without pay, including the days a person is on maternity leave;
(D)  the date of a person's termination from employment; and
(E)  the date of a person's reemployment with the city;
(2)  medical records;
(3)  workers' compensation records and pay information;
(4)  payroll information;
(5)  information needed to verify whether a member is on military leave; and
(6)  information regarding phase-down participants, including information related to entry date and phase-down plan.
(c)  The city shall provide any information that may be reasonably necessary to enable the pension system to comply with administrative services the pension system performs for the city as reasonably necessary to obtain any ruling or determination letter from the Internal Revenue Service.
(d)  The information provided by the city shall be transmitted to the pension system electronically in a format specified by the pension system, to the extent available to the city, or in writing if so requested on behalf of the pension system.
(e)  The pension system shall determine each member's credited service and pension benefits on the basis of the personnel and financial records of the city and the records of the pension system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 22. Legal Advice

Sec. 22. LEGAL ADVICE.  The city attorney of the city shall handle all legal matters for the pension system that are referred by the board without additional compensation for the service.  The board may, however, as it considers necessary, employ outside legal counsel to the exclusion of, or to assist, the city attorney and pay reasonable compensation for the service of the additional legal counsel from the fund.
Sec. 23.  MEMBERS IN MILITARY SERVICE.  (a)  A member of the pension system engaged in active service in a uniformed service may not be required to make the monthly payments into the fund and may not lose any previous years' service with the city because of the uniformed service.  The uniformed service shall count as continuous service in the police department if the member returns to the city police department after discharge from the uniformed service as an employee within the period required by the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. Section 4301 et seq.), as amended, and the uniformed service does not exceed the period for which a person is eligible to have service counted pursuant to that Act.  Notwithstanding any other provision of this article, contributions and benefits shall be paid and qualified service for military service shall be determined in compliance with Section 414(u) of the code.
(b)  The city is required to make its payments into the fund on behalf of each member while the member is engaged in a uniformed service.  If a member who has less than 10 years of service in the pension system dies directly or indirectly as a result of the uniformed service, and without returning to active service, the spouse, dependent children, dependent parent, or estate of the member is eligible to receive a benefit in the same manner as described by Section 16(c) of this article.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 24. Actions for Funds Misapplied

Sec. 24. ACTIONS FOR FUNDS MISAPPLIED.    (a)  The board may recover by civil action from any offending party or from the party's bondsman, if any, any money paid out or obtained from the fund through fraud, misrepresentation, theft, embezzlement, or misapplication and may institute, conduct, and maintain the action in the name of the board for the use and benefit of the fund.
(b)  Payments due on behalf of a dependent child shall be paid to the dependent child's guardian, if any, or if none to the person with whom the dependent child is living, except that the board may make payments directly to a dependent child in an appropriate case and withhold payments otherwise due on behalf of any person if the board has reason to believe the payments are not being applied on behalf of the person eligible to receive them.  The board may request a court of competent jurisdiction to appoint a person to receive and administer the payments due to any dependent child or person under a disability.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 27. Certain Written Agreements Between Pension System and City Authorized

Sec. 27.  CERTAIN WRITTEN AGREEMENTS BETWEEN PENSION SYSTEM AND CITY AUTHORIZED.  (a)  Notwithstanding any law to the contrary, the board or a designee of the board is responsible for representing the interests of the pension system and all pension issues and benefits affecting the pension system or its members and beneficiaries under this article.  The board may enter into a written agreement with the city on behalf of the pension system and members and beneficiaries of the pension system if the agreement is approved by the board and signed by the mayor and the board or the board's designee.
(b)  A pension benefit or allowance provided by this article may be increased if the increase:
(1)  is first approved by a qualified actuary selected by the board;
(2)  is approved by the board and the city in a written agreement as authorized by this section; and
(3)  does not deprive a member, without the member's written consent, of a right to receive benefits when the member is fully eligible.
(c)  In a written agreement entered into between the city and the board under this section, the parties may not:
(1)  alter Sections 9 through 9E of this article, except and only to the extent necessary to comply with federal law;
(2)  increase the assumed rate of return to more than seven percent per year;
(3)  extend the amortization period of a liability layer to more than 30 years from the first day of the fiscal year beginning 12 months after the date of the risk sharing valuation study in which the liability layer is first recognized; or
(4)  allow a city contribution rate in any year that is less than or greater than the city contribution rate required under Section 9D or 9E of this article, as applicable.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 28. Nonreduction, Nonalienation, and Nonassignment of Benefits

Sec. 28. NONREDUCTION, NONALIENATION, AND NONASSIGNMENT OF BENEFITS.    (a)  No portion of the funds held by the pension system, either before or after an order for its disbursement by the board, and no amounts due or to become due to any member or survivor under this article may be held, seized, taken, subject to, detained, or levied on by virtue of any execution, attachment, garnishment, injunction, or other writ, and no order or decree, and no process may issue out of or by any court of this state for the payment or satisfaction, in whole or in part, out of the funds held by or due from the pension system, of any debt, damage, claim, demand, or judgment against any member, survivor, dependent, or any other person.
(b) No part of the funds or any claim to the funds may be directly or indirectly assigned or transferred.  Any attempt to transfer or assign any part of the funds or a claim to the funds is void.
(c) The funds shall be held, kept, and disbursed for the purposes provided by this article, and for no other purpose, except that a retired member, survivor, or dependent, at the person's discretion, may have deducted from the person's pension the monthly premium cost of any group insurance program in which the retired member is participating.
(d) A benefit payable under this article may not be reduced or discontinued for any person except under the terms applicable to the benefit at the time the person becomes eligible to receive the benefit.
(e) This section does not prevent the division of the benefits accrued by a member under any court order determined by the board or its designee to be a qualified domestic relations order and the payment of a share of a retired member's benefits or contributions to an alternate payee in accordance with the order.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243g-4. Police Officers Pension System in Certain Municipalities › Section 29. Confidentiality of Information About Members or Beneficiaries

Sec. 29. CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS OR BENEFICIARIES.    (a)  Information contained in a record that is in the custody of a fund established under this article concerning an individual member, retiree, survivor, or beneficiary is confidential for purposes of Sections 552.101, 552.102, and 552.117, Government Code.  The information may not be disclosed in a form that identifies a specific individual unless the information is disclosed to:
(1)  the individual;
(2)  the individual's attorney, guardian, executor, administrator, or conservator;  or
(3)  a person who has written authorization from the individual to receive the information.
(b) This section does not prevent the disclosure of the status or identity of an individual as a member, former member, retiree, deceased member, survivor, beneficiary, or alternate payee of the system.
(c)  To carry out the provisions of Sections 9 through 9E of this article, the board and the pension system shall provide the city actuary under a confidentiality agreement the actuarial data used by the pension system actuary for the pension system's actuarial valuations or valuation studies and other data as agreed to between the city and the pension system that the city actuary determines is reasonably necessary for the city actuary to perform the studies required by Sections 9A through 9E of this article.  Actuarial data described by this subsection does not include information described by Subsection (a) of this section.
(d)  A risk sharing valuation study prepared by either the city actuary or the pension system actuary under Sections 9A through 9E of this article may not:
(1)  include information described by Subsection (a) of this section; or
(2)  provide confidential or private information regarding specific individuals or be grouped in a manner that allows confidential or private information regarding a specific individual to be discerned.
(e)  The information, data, and document exchanges under Sections 9 through 9E of this article have all the protections afforded by applicable law and are expressly exempt from the disclosure requirements under Chapter 552, Government Code, except as may be agreed to by the city and pension system in a written agreement under Section 27 of this article.
(f)  Subsection (e) of this section does not apply to:
(1)  a proposed risk sharing valuation study prepared by the pension system actuary and provided to the city actuary or prepared by the city actuary and provided to the pension system actuary under Section 9A(d) or 9B(b)(2) of this article; or
(2)   a final risk sharing valuation study prepared under Section 9A or 9B of this article.
(g)  Before a union contract is approved by the city, the mayor of the city must cause the city actuaries to deliver to the mayor a report estimating the impact of the proposed union contract on fund costs.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 1A. Interpretation of Act

Sec. 1A.  INTERPRETATION OF ACT.  This Act does not and may not be interpreted to:
(1)  relieve the city, the pension board, or the pension system of their respective obligations under Sections 8A through 8F of this Act;
(2)  reduce or modify the rights of the city, the pension system, or the pension board, including any officer or employee of the city, pension system, or pension board, to enforce obligations described by Subdivision (1) of this subsection;
(3)  relieve the city, including any official or employee of the city, from:
(A)  paying or directing to pay required contributions to the pension system or fund under Section 8 or 8A of this Act or carrying out the provisions of Sections 8A through 8F of this Act; or
(B)  reducing or modifying the rights of the pension board and any officer or employee of the pension board or pension system to enforce obligations described by Subdivision (1) of this section;
(4)  relieve the pension board or pension system, including any officer or employee of the pension board or pension system, from any obligation to implement a benefit change or carry out the provisions of Sections 8A through 8F of this Act; or
(5)  reduce or modify the rights of the city and any officer or employee of the city to enforce an obligation described by Subdivision (4) of this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 1B. Fiscal Year

Sec. 1B.  FISCAL YEAR.  If either the pension system or the city changes its respective fiscal year, the pension system and the city shall enter into a written agreement under Section 3(n) of this Act to adjust the provisions of Sections 8A through 8F of this Act to reflect that change for purposes of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 1C. Alternative Retirement Plans

Sec. 1C.  ALTERNATIVE RETIREMENT PLANS.  (a)  In this section, "salary-based benefit plan" means a retirement plan provided by the pension system under this Act that provides member benefits that are calculated in accordance with a formula that is based on multiple factors, one of which is the member's salary at the time of the member's retirement.
(b)  Notwithstanding any other law, including Section 8H of this Act, and except as provided by Subsection (c) of this section, the pension board and the city may enter into a written agreement under Section 3(n) of this Act to offer an alternative retirement plan or plans, including a cash balance retirement plan or plans, if both parties consider it appropriate.
(c)  Notwithstanding any other law, including Section 8H of this Act, and except as provided by Subsection (d) of this section, if, beginning with the final risk sharing valuation study prepared under Section 8B of this Act on or after July 1, 2027, either the funded ratio of the pension system is less than 60 percent as determined in the final risk sharing valuation study without making any adjustments under Section 8E or 8F of this Act, or the funded ratio of the pension system is less than 60 percent as determined in a revised and restated risk sharing valuation study prepared under Section 8B(a)(8) of this Act, the pension board and the city shall, as soon as practicable but not later than the 60th day after the date the determination is made:
(1)  enter into a written agreement under Section 3(n) of this Act to establish a cash balance retirement plan that complies with Section 1D of this Act; and
(2)  require each employee first hired by the city on or after the 90th day after the date the cash balance retirement plan is established to participate in the cash balance retirement plan established under this subsection instead of participating in the salary-based benefit plan, provided the employee would have otherwise been eligible to participate in the salary-based benefit plan.
(d)  If the city fails to deliver the proceeds of the pension obligation bonds described by Section 8C(j)(1) of this Act within the time prescribed by that subdivision, notwithstanding the funded ratio of the pension system, the pension board and the city may not establish a cash balance retirement plan under Subsection (c) of this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 2A. Conflicts of Interest

Sec. 2A.  CONFLICTS OF INTEREST.  (a)  The existence or appearance of a conflict of interest on the part of any trustee is detrimental to the proper functioning of the pension system if not properly addressed.  An appointed trustee may not deliberate or vote on an action relating to the investment of pension system assets if:
(1)  the trustee or an entity with which the trustee is affiliated:
(A)  is a competitor or an affiliate of the person or firm that is the subject of or otherwise under consideration in the action; or
(B)  likely would be subject to a due diligence review by the person or firm that is under consideration in the investment-related action; or
(2)  the pension board otherwise determines that the proposed action would create a direct or indirect benefit for the appointed trustee or a firm with which the appointed trustee is affiliated.
(b)  The city attorney shall:
(1)  provide annual training to trustees appointed by the city regarding conflicts of interest; and
(2)  to the extent authorized by city ordinances, at the request of the external affairs committee of the pension board, review and take appropriate action on a complaint alleging a conflict of interest on the part of a city-appointed trustee.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 2B. Pension System Actuary; Actuarial Valuations

Sec. 2B.  PENSION SYSTEM ACTUARY; ACTUARIAL VALUATIONS.  (a)  The pension board shall retain an actuary or actuarial firm for purposes of this Act.
(b)  At least annually, the pension system actuary shall make a valuation of the assets and liabilities of the pension fund.  The valuation must include the risk sharing valuation study conducted under Section 8B or 8C of this Act, as applicable.
(c)  The pension system shall provide a report of the valuation to the city.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 2C. Qualifications of City Actuary

Sec. 2C.  QUALIFICATIONS OF CITY ACTUARY.  (a)  An actuary hired by the city for purposes of this Act must be an actuary from a professional service firm who:
(1)  is not already engaged by the pension system or any other pension system or fund authorized under Article 6243e.2(1) or 6243g-4, Revised Statutes, to provide actuarial services to the pension system or fund, as applicable;
(2)  has a minimum of 10 years of professional actuarial experience; and
(3)  is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries and who, in carrying out duties for the city, has met the applicable requirements to issue statements of actuarial opinion.
(b)  Notwithstanding Subsection (a) of this section, the city actuary must at least meet the qualifications required by the board for the pension system actuary.  The city actuary is not required to have greater qualifications than those of the pension system actuary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 2D. Report on Investments by Independent Investment Consultant

Sec. 2D.  REPORT ON INVESTMENTS BY INDEPENDENT INVESTMENT CONSULTANT.  (a)  At least once every three years, the board shall hire an independent investment consultant, including an independent investment consulting firm, to conduct a review of pension system investments and submit a report to the board and the city concerning the review or demonstrate in the pension system's annual financial report that the review was conducted.  The independent investment consultant shall review and report on at least the following:
(1)  the pension system's compliance with its investment policy statement, ethics policies, including policies concerning the acceptance of gifts, and policies concerning insider trading;
(2)  the pension system's asset allocation, including a review and discussion of the various risks, objectives, and expected future cash flows;
(3)  the pension system's portfolio structure, including the pension system's need for liquidity, cash income, real return, and inflation protection and the active, passive, or index approaches for different portions of the portfolio;
(4)  investment manager performance reviews and an evaluation of the processes used to retain and evaluate managers;
(5)  benchmarks used for each asset class and individual manager;
(6)  an evaluation of fees and trading costs;
(7)  an evaluation of any leverage, foreign exchange, or other hedging transaction; and
(8)  an evaluation of investment-related disclosures in the pension system's annual reports.
(b)  When the board retains an independent investment consultant under this section, the pension system may require the consultant to agree in writing to maintain the confidentiality of:
(1)  information provided to the consultant that is reasonably necessary to conduct a review under this section; and
(2)  any nonpublic information provided for the pension system for the review.
(c)  The costs for the investment report required by this section shall be paid from the pension fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 4. Ineligible Individuals

Sec. 4.  INELIGIBLE INDIVIDUALS.  Notwithstanding any other provision of this Act, the following employees of the city or of the pension system are not eligible to become members of the pension system:
(1)  persons on quasi-legislative, quasi-judicial, and advisory pension boards and commissions;
(2)  part-time employees, as defined by the city, other than elected officials whose service is made part-time by law or charter;
(3)  seasonal employees;
(4)  independent contractors, including consultants; and
(5)  employees in positions covered by any other pension plan of the city to which the city contributes, including employees who are excluded from membership in another pension plan by action of the board of trustees of the other pension plan, except to the extent that they are covered in another pension plan only as a beneficiary.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 8G. Confidentiality

Sec. 8G.  CONFIDENTIALITY.  (a)  The information, data, and document exchanges under Sections 8A through 8F of this Act have all the protections afforded by applicable law and are expressly exempt from the disclosure requirements under Chapter 552, Government Code, except as may be agreed to by the city and pension system in a written agreement under Section 3(n) of this Act.
(b)  Subsection (a) of this section does not apply to:
(1)  a proposed risk sharing valuation study prepared by the pension system actuary and provided to the city actuary or prepared by the city actuary and provided to the pension system actuary under Section 8B(d) or 8C(b)(2) of this Act; or
(2)  a final risk sharing valuation study prepared under Section 8B or 8C of this Act.
(c)  A risk sharing valuation study prepared by either the city actuary or the pension system actuary under Sections 8A through 8F of this Act may not:
(1)  include information in a form that includes identifiable information relating to a specific individual; or
(2)  provide confidential or private information regarding specific individuals or be grouped in a manner that allows confidential or private information regarding a specific individual to be discerned.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 8H. Unilateral Decisions and Actions Prohibited

Sec. 8H.  UNILATERAL DECISIONS AND ACTIONS PROHIBITED.  No unilateral decision or action by the pension board is binding on the city and no unilateral decision or action by the city is binding on the pension system with respect to the application of Sections 8A through 8F of this Act unless expressly provided by a provision of those sections.  Nothing in this section is intended to limit the powers or authority of the pension board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 8I. State Pension Review Board; Report

Sec. 8I.  STATE PENSION REVIEW BOARD; REPORT.  (a)  After preparing a final risk sharing valuation study under Section 8B or 8C of this Act, the pension system and the city shall jointly submit a copy of the study or studies, as appropriate, to the State Pension Review Board for a determination that the pension system and city are in compliance with this Act.
(b)  Not later than the 30th day after the date an action is taken under Section 8E or 8F of this Act, the pension system shall submit a report to the State Pension Review Board regarding any actions taken under those sections.
(c)  The State Pension Review Board shall notify the governor, the lieutenant governor, the speaker of the house of representatives, and the legislative committees having principal jurisdiction over legislation governing public retirement systems if the State Pension Review Board determines the pension system or the city is not in compliance with Sections 8A through 8H of this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 9. Contribution Refunds

Sec. 9.  CONTRIBUTION REFUNDS.  (a)  If any member's employment by the city or the pension system is terminated for other than a service disability before the completion of five years of service with the city or the pension system, the member is not eligible to receive a pension.
(b)  The system shall refund to the terminated member the amount paid by the member into the pension fund through salary deduction or other authorized contributions, without interest, as provided by Section 17 of this Act.
(c)  If a member dies and there are no eligible survivors to receive the allowance provided for in Section 14 of this Act, the member's spouse or, if there is no spouse, the member's estate shall receive the refund amount.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 15. Increase in Benefits

Sec. 15.  INCREASE IN BENEFITS.  (a)  In addition to the postretirement increases under Section 10(h) of this Act, the pension board may increase annuities payable under this Act by an amount that does not exceed the annual increase in the amount of premiums being paid under a group insurance program provided for retirees of the city.
(b)  The pension board may distribute a supplemental payment to all retirees and eligible survivors who are receiving annuities as of January 1 of the year in which the supplemental payment is made.  The supplemental payment shall be credited to DROP participants who are participating in DROP as of January 1 of the year in which the supplemental payment is made, if the pension board's actuary determines that as of the end of any fiscal year:
(1)  the value of the pension system's assets exceeds the amount of the pension system's accrued liability;
(2)  the pension system has met the actuarial investment assumption for the previous fiscal year; and
(3)  the issuance of the supplemental check will not cause the city's contribution rate to increase.
(c)  A person may not receive more than one supplemental payment as a result of the person's status as:
(1)  a retiree and eligible survivor; or
(2)  a DROP participant and eligible survivor.
(d)  A pension benefit or allowance provided by this article may be increased if:
(1)  a qualified actuary selected by the pension board determines that the increase cannot reasonably be considered to jeopardize the pension system's ability to pay any existing benefit;
(2)  the increase is approved by the pension board and the city in a written agreement as provided by Section 3(n) of this article; and
(3)  the increase does not deprive a member or retiree, without the written consent of the member or retiree, from receiving the immediate or deferred retirement benefit that the member or retiree was eligible to receive under this article before the increase.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 16. Lump-Sum Benefit Payment

Sec. 16.  LUMP-SUM BENEFIT PAYMENT.  (a)  Notwithstanding any other provision of this Act, the pension board may pay to a member, deferred participant, eligible survivor, alternate payee, or beneficiary in a lump-sum payment the present value of any benefit payable to such a person that is less than $20,000 instead of paying any other benefit payable under this Act.  If the lump-sum present value of the benefit is at least $1,000 but less than $20,000, the pension board may make a lump-sum payment only on written request by the member, deferred participant, eligible survivor, alternate payee, or other beneficiary.  The pension board shall make any payment under this subsection as soon as practicable after eligibility under this section has been determined by the pension board.
(b)  The pension board shall adopt actuarial assumptions, including an interest rate, to be used in determining lump-sum present values and amounts distributable under this section.
(c)  If the pension board determines that available resources in the pension fund are inadequate to make lump-sum payments, payments under this section shall be made monthly in amounts the pension board determines.
(d)  Payments under this section may not be made for a benefit that was being paid by the predecessor system or this pension system.
(e)  A member who is reemployed by the city or the pension system and who has at least two years of continuous credited service after reemployment may reinstate service for which the member received a lump-sum payment under this section by paying into the pension fund the amount of the lump-sum payment, plus interest on that amount at the applicable assumed rate of return, not compounded, from the date the lump-sum payment was made to the member until the date of repayment to the pension fund.
(f)  The actuarial value of a lump-sum payment is determined as of the last day of credited service or September 1, 1995, whichever is later.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 19. Multiple Pensions

Sec. 19.  MULTIPLE PENSIONS.  (a)  The pension board may authorize a member to make a one-time irrevocable election, on a date and in a manner established by the pension board, to cease to be a member of the pension system and, for future service only, to become a member of the retirement system governed by Article 6243e.2(1), Revised Statutes, or Article 6243g-4, Revised Statutes, or a successor statute to either of those laws, if the member:
(1)  was a member of the pension system as authorized under Section 16B, Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes);
(2)  is in a position covered by another retirement system to which the city contributes; and
(3)  has not begun to receive payment of benefits from the pension system.
(b)  A person who does not make an election to cease membership in the pension system under Subsection (a) of this section remains a member of the pension system as authorized under this Act.
(c)  A person who makes an election to cease membership in the pension system is considered to have separated from service on the date of the election established by the pension board.
(d)  Notwithstanding any other provision of this Act, duplication of any pension or benefit payable from the pension system and any pension or benefit payable under another defined benefit pension plan to which the city contributes is not permitted.  Any pension or benefit payable to any person under another defined benefit pension plan, based on a period of service for which credited service is given under this Act, is deducted from the total pension or benefit otherwise payable to the participant under this Act, except that the pension or benefit may not be reduced to an amount less than the amount that would have been payable if the period of service had been excluded from service.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 20. Service for Formerly Ineligible Employees

Sec. 20.  SERVICE FOR FORMERLY INELIGIBLE EMPLOYEES.  (a)  A member who was ineligible to be a member under Section 4(d), Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes), before September 1, 1999, because the member was receiving a pension from another pension system of the city to which the city contributes may purchase credited service solely in group A for otherwise eligible service previously disallowed by Section 4(d), Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes), if the member:
(1)  has been continuously employed by the city since the date of reemployment into a municipal position that became covered by Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes), on September 1, 1999, by removal of the prohibition under Section 4(d), Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes);
(2)  would have been eligible to be a member and receive service for the municipal employment before September 1, 1999, but for the prohibition under Section 4(d), Chapter 358, Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas Civil Statutes);
(3)  was a member in group A on September 1, 1999, and on September 1, 2001;
(4)  makes written application, in a manner and time determined by the pension board, to receive credited service in group A for all otherwise eligible service; and
(5)  on approval by the pension board, pays into the pension fund all contributions that would have been deducted or picked up as member contributions during the period of claimed service as described by Section 7(c) of this Act, including required interest.
(b)  Payments of the amounts required under this section must be completed by the earliest of:
(1)  the date of the member's termination of employment or term in office;
(2)  the date of the member's retirement or death; or
(3)  the fifth anniversary of the date of the member's approved claim for credited service under this section.
(c)  If the payments are not completed within the period described by Subsection (b) of this section, the member or the member's estate may either make an immediate payment of the balance due or receive a refund, without interest, of the member's contributions to group A for the claimed service.  If the refund is paid, the member is considered to have never been eligible for credit for the service claimed under this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 21. Reduction of Benefits; Dissolution of System

Sec. 21.  REDUCTION OF BENEFITS; DISSOLUTION OF SYSTEM.  (a)  If the pension board determines that the pension fund is seriously depleted, the pension board may proportionately and temporarily reduce the benefits of all retirees, eligible survivors, alternate payees, and beneficiaries.
(b)  The amount of any reduction under Subsection (a) of this section shall be paid to the retirees, eligible survivors, alternate payees, and beneficiaries if the pension board determines that the pension fund is sufficiently reestablished to pay the amounts.
(c)  If the reserve and surplus in the pension fund become exhausted and the payouts of the pension fund exceed the income to the pension fund, the governing body of the city by ordinance may dissolve the pension system and require liquidation of the pension system without any liability to the city.
(d)  Any retiree or eligible survivor receiving a retirement pension or survivor benefit may, at that person's option, receive a smaller retirement pension or survivor benefit after properly making a request in writing to the pension board.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 25. Employees on Retirement When Act Takes Effect

Sec. 25.  EMPLOYEES ON RETIREMENT WHEN ACT TAKES EFFECT.  (a)  Any person receiving a retirement benefit from the predecessor system immediately before the effective date of this Act shall continue to receive the same benefit amount the person was entitled to receive under the predecessor system.
(b)  This Act does not change the status of any former member receiving a pension, or who is eligible to receive a pension, from the city or the pension system under the predecessor system, unless otherwise expressly provided by this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 26. Confidential Information

Sec. 26.  CONFIDENTIAL INFORMATION.  (a)  Records that are in the custody of the pension system concerning an individual member, deferred participant, retiree, eligible survivor, beneficiary, or alternate payee are not public information under Chapter 552, Government Code, and may not be disclosed in a form identifiable to a specific individual unless:
(1)  the information is disclosed to:
(A)  the individual or the individual's attorney, guardian, executor, administrator, or conservator, or another person who the executive director determines is acting in the interest of the individual or the individual's estate;
(B)  a spouse or former spouse of the individual and the executive director determines that the information is relevant to the spouse's or former spouse's interest in a member's accounts or benefits or other amounts payable by the pension system;
(C)  a governmental official or employee and the executive director determines that disclosure of the information requested is reasonably necessary to the performance of the duties of the official or employee; or
(D)  a person authorized by the individual in writing to receive the information; or
(2)  the information is disclosed under a subpoena and the executive director determines that the individual will have a reasonable opportunity to contest the subpoena.
(b)  This section does not prevent the disclosure of the status or identity of an individual as a member, former member, deferred participant, retiree, deceased participant, eligible survivor, beneficiary, or alternate payee of the pension system.
(c)  The executive director may designate other employees of the pension system to make the necessary determinations under Subsection (a) of this section.
(d)  A determination and disclosure under Subsection (a) of this section does not require notice to the individual member, deferred participant, retiree, eligible survivor, beneficiary, or alternate payee.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h. Municipal Pension System in Cities of 1,500,000 or More › Section 27. Power of Attorney

Sec. 27.  POWER OF ATTORNEY.  (a)  A person eligible for payment of a pension or other benefits administered by the pension system may direct the pension system to treat as the authorized representative of the person concerning the disposition of the pension or other benefits an attorney-in-fact under a power of attorney that the pension system determines complies with Subchapters A and B, Chapter 752, Estates Code.
(b)  If the power of attorney under Subsection (a) of this section is revoked, the pension system is not liable for payments made to or actions taken at the request of the attorney-in-fact before the date the pension system receives written notice that the power of attorney has been revoked.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h-2. Boards of Trustees of Municipal Utilities or Property; Application of Municipal Retirement System › Section 1.

Sec. 1. No pension or retirement benefit plan or system for employees of any Texas municipality, whether provided for by general or special law, city charter, or city ordinance, shall become or be made applicable to employees of any Board of Trustees created or appointed in pursuance of Article 1115, Revised Statutes, or any similar law providing for a Board of Trustees to administer municipal utilities or properties, unless and until such pension or retirement benefit plan or system has been approved and adopted by the Board of Trustees employing such employees and such Board of Trustees has made provision for the payment out of the revenues of the utility systems or its properties of the necessary payments to be made as the employer's contribution to such pension or retirement benefit plan or system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243h-2. Boards of Trustees of Municipal Utilities or Property; Application of Municipal Retirement System › Section 2.

Sec. 2. Any plan or system providing for pensions or retirement benefits which may have heretofore been adopted or may hereafter be adopted by any such Board of Trustees may be applied to the employees of such Board of Trustees independently of and to the exclusion of any plan or system applicable to or affecting other employees of the municipality.
Acts 1951, 52nd Leg., p. 24, ch. 17.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 1. General Provisions › Section 1.01. Applicability

Sec. 1.01.  APPLICABILITY.  This article applies only to a municipality with a population of 500,000 or more that on January 1, 2007, has a single unitary public retirement system established by municipal ordinance for employees of all departments of the municipality.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 1. General Provisions › Section 1.02. Definitions

Sec. 1.02.  DEFINITIONS.  In this article:
(1)  "Administrative rules" means the rules adopted to govern a public retirement system, including rules regarding the participation in, contributions to, and benefits from the public retirement system.
(2)  "Board of trustees" means the persons elected or appointed to administer the public retirement system.
(3)  "Governing body" means the governing body of a municipality to which this article applies.
(4)  "Participating member" means a person who makes contributions to the public retirement system as an employee of a municipality to which this article applies.
(5)  "Participating retiree" means a person who receives or who is eligible to receive a service retirement annuity from the retirement fund.
(6)  "Pension office" means the administrative office of the public retirement system.
(7)  "Public retirement system" means a continuing, organized program or plan of service retirement, disability retirement, or death benefits for employees of a municipality to which this article applies but does not include:
(A)  a program for which benefits are administered by a life insurance company;
(B)  a program providing only workers' compensation benefits;
(C)  a program administered by the federal government;
(D)  an individual retirement account or individual retirement annuity within the meaning of Section 408, or a retirement bond within the meaning of Section 409, of the Internal Revenue Code of 1986;
(E)  a plan described by Section 401(d) of the Internal Revenue Code of 1986;
(F)  an individual account plan consisting of an annuity contract described by Section 403(b) of the Internal Revenue Code of 1986; or
(G)  an eligible state deferred compensation plan described by Section 457(b) of the Internal Revenue Code of 1986.
(8)  "Retirement fund" means the trust fund established by or in conjunction with the public retirement system for the purpose of holding assets to be used to provide benefits payable by the public retirement system.
(9)  "Rule amendment" includes any amendment of, repeal of, addition to, deletion of, modification of, or change to an administrative rule.
(10)  "Survivor" means a person, including the surviving spouse or dependent, who receives survivor benefits from a retirement fund.
(11)  "Vested" means the accrued right of a participating member who has met the age and length-of-service requirements for service retirement required by the public retirement system.  A member whose retirement rights are vested may withdraw from employment with the municipality, leave the member's accumulated contributions on deposit with the public retirement system, and begin to receive the member's service retirement annuity.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 2. Membership › Section 2.01. General Membership Requirement

Sec. 2.01.  GENERAL MEMBERSHIP REQUIREMENT.  (a)  Except as otherwise provided by administrative rule, municipal ordinance, or this section, a person becomes a participating member of the public retirement system on the date of the person's employment by the municipality.
(b)  A person employed by the municipality is not eligible to be a participating member if the person is:
(1)  an independent contractor or an employee of an independent contractor doing work for the municipality;
(2)  an elected officer or a nonsalaried, appointed member of an administrative board or commission of the municipality, except an employee who serves as a member of the board or commission;
(3)  an employee serving on a part-time basis of less than one-half the time required to serve as a full-time employee;
(4)  an employee who is paid in part by the municipality and in part by a county, state, or other governmental agency; or
(5)  a temporary employee, as determined by the records of the municipality, on the payroll of the municipality.
(c)  A person may appeal a determination regarding the person's eligibility to be a participating member to the board of trustees.  The board's decision regarding eligibility is final.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243i. Unitary Retirement System for Certain Municipalities › Part 3. Creditable Service › Section 3.01. Types of Creditable Service

Sec. 3.01.  TYPES OF CREDITABLE SERVICE.  The board of trustees by rule shall establish the types of service for which a participating member earns credit.