2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e.2(1). Firefighters' Relief and Retirement Fund in Municipalities of at Least 1,600,000 Population › Section 1D. Requirements for Certain Cash Balance Retirement Plans

Sec. 1D.  REQUIREMENTS FOR CERTAIN CASH BALANCE RETIREMENT PLANS.  (a) In this section:
(1)  "Cash balance plan participant" means a firefighter who participates in a cash balance retirement plan.
(2)  "Cash balance retirement plan" means a cash balance retirement plan established by written agreement under Section 1C(b) or 1C(c) of this article.
(3)  "Interest" means the interest credited to a cash balance plan participant's notional account, which may not:
(A)  exceed a percentage rate equal to the cash balance retirement plan's most recent five fiscal years' smoothed rate of return; or
(B)  be less than zero percent.
(4)  "Salary-based benefit plan" has the meaning assigned by Section 1C of this article.
(b)  The written agreement establishing a cash balance retirement plan must:
(1)  provide for the administration of the cash balance retirement plan;
(2)  provide for a closed amortization period not to exceed 20 years from the date an actuarial gain or loss is realized;
(3)  provide for the crediting of municipal and cash balance plan participant contributions to each cash balance plan participant's notional account;
(4)  provide for the crediting of interest to each cash balance plan participant's notional account;
(5)  include a vesting schedule;
(6)  include benefit options, including options for cash balance plan participants who separate from service prior to retirement;
(7)  provide for death and disability benefits;
(8)  allow a cash balance plan participant who is eligible to retire under the plan to elect to:
(A)  receive a monthly annuity payable for the life of the cash balance plan participant in an amount actuarially determined on the date of the cash balance plan participant's retirement based on the cash balance plan participant's accumulated notional account balance annuitized in accordance with the actuarial assumptions and actuarial methods established in the most recent actuarial experience study conducted under Section 13D of this article, except that the assumed rate of return applied may not exceed the fund's assumed rate of return in the most recent risk sharing valuation study; or
(B)  receive a single, partial lump-sum payment from the cash balance plan participant's accumulated notional account balance and a monthly annuity payable for life in an amount determined in accordance with Paragraph (A) of this subdivision based on the cash balance plan participant's notional account balance after receiving the partial lump-sum payment; and
(9)  include any other provision determined necessary by:
(A)  the board and the municipality; or
(B)  the fund for purposes of maintaining the tax-qualified status of the fund under Section 401 of the code.
(c)  Notwithstanding any other law, including Section 13 of this article, a firefighter who participates in a cash balance retirement plan:
(1)  subject to Subsection (d) of this section, is not eligible to be a member of and may not participate in the fund's salary-based benefit plan; and
(2)  may not accrue years of participation or establish service credit in the salary-based benefit plan during the period the firefighter is participating in the cash balance retirement plan.
(d)  A cash balance plan participant is considered a member for purposes of Sections 13A through 13H of this article.
(e)  At the time the cash balance retirement plan is implemented, the employer normal cost rate of the cash balance retirement plan may not exceed the employer normal cost rate for the salary-based benefit plan.