reglab/statecodes huggingface dataset:
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 4. Per Capita Contributions

Sec. 4. PER CAPITA CONTRIBUTIONS.  Commencing with the next calendar month, immediately following the effective date of this Act, per capita contributions of all such members of each such police department as participate in such fund, as aforesaid, shall be made to said fund.  Said monthly per capita contribution shall be made as follows:  The salary and future salary of each member participating in such fund is hereby reduced Three Dollars ($3) per month, but said Three Dollars ($3) per month shall be paid by such city into the said pension fund.  No other money paid into said pension fund, however, shall be counted as a part of salary, under any law or ordinance fixing or pertaining to salaries of members, of any such police department.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 5. Accumulated Funds

Sec. 5. ACCUMULATED FUNDS.  In all such cities where a general pension fund for city employees has been accumulated but has not been put into operation at the effective date of this Act, the governing body of each such city shall segregate from said fund, the proportion which the total number of members of the police department (eligible to said pension fund) bears to the entire number of all city employees, for whose benefit said fund was accumulated, and shall set aside such sum into the policemen's relief and retirement fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 6. Assignments of Salary to Fund

Sec. 6. ASSIGNMENTS OF SALARY TO FUND.  Any members who have or may have any back or past due salary due them, from any such city, may assign all or any portion of such back salary to said pension fund, and such assignments as have or may hereafter be executed by any such members, are hereby validated and shall be recognized by the governing body of any such city, and such sums, if any, shall be paid into the said pension fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 7. Appropriations to Fund Out of General Funds of City

Sec. 7. APPROPRIATIONS TO FUND OUT OF GENERAL FUNDS OF CITY.  Any such city may make additional appropriations from time to time out of its general fund, or otherwise, into the said pension fund, and hereafter when any such city shall make any appropriations for pensions of city employees or place any money into any such account, the proportionate amount thereof shall be placed in the policemen's relief and retirement fund.  Said pension fund may also be augmented as follows:  By the giving of entertainments and benefit performances;  by gifts or donations from any person, firm, or corporation;  all rewards hereafter paid to or due individual members for, or on account of service rendered by them as members of the police department, shall be paid into such fund;  and said pension fund shall also participate in funds otherwise provided or that shall hereafter be provided by law pertaining to police pensions of cities of the class herein provided for.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 8. Investment of Surplus Funds

Sec. 8. INVESTMENT OF SURPLUS FUNDS.  Whenever, in the opinion of the said pension board, there is on hand in said pension fund, a surplus over and above a reasonably safe amount to take care of current demands upon such funds, such surplus, or so much thereof as in the judgment of the said pension board is deemed proper, may be invested in securities of the United States, the State of Texas, or of counties, school districts, or municipal corporations.  No investment shall be made, however, which does not meet with the approval of the city controller, if any, of such city.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 9. Benefits to Begin Not Prior to January 1, 1942

Sec. 9. BENEFITS TO BEGIN NOT PRIOR TO JANUARY 1, 1942.  No benefits of any kind shall be paid out of said fund prior to January 1, 1942.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 10. Pension Rates

Sec. 10. PENSION RATES.  From and after January 1, 1942, any member who shall have been a member of such police department for the period of twenty-five (25) years, and who shall have reached the age of fifty (50) years, shall be entitled to a retirement pension of Seventy-five Dollars ($75) per month for the rest of his life upon his retirement from said police department.  Upon the completion of the said twenty-five (25) years of service, such pension board shall issue to him a certificate showing that he is entitled to said retirement pension, and thereafter, when such member retires from the police department, whether such retirement be voluntary or involuntary, such monthly payments shall forthwith begin, and continue for the remainder of said member's life.  Provided, however, that payments shall not commence until such member is fifty (50) years of age, and further provided that members who are eligible for a pension but who continue in the department shall make their per capita contributions until they retire from the department.
In computing the twenty-five (25) years service required for retirement pension, interruption of less than one year out of service, shall be construed as continuous service and such period out of service shall not be deducted from the twenty-five (25) years, but if out for more than one year and less than five (5) years, credit shall be given for prior service, but deduction made for the length of time out of service.  If out of service more than five (5) years, no previous service prior to said time shall be counted.
Service with any such city in some other department, prior to January 1, 1939, shall be included in the twenty-five (25) years above provided for, but service after January 1, 1939, must be in the police department.  The pension board may, within its discretion, provide for the payment of such retirement pension to a former member or members of the police department who have heretofore served for the twenty-five-year period and who have reached the age of fifty (50) years, and it is the intention hereof to include in the group of former members those who have heretofore been retired by any such city and who are drawing partial pay or compensation from such city.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 11. Disability Resulting From Performance of Duty

Sec. 11. DISABILITY RESULTING FROM PERFORMANCE OF DUTY.  If any member shall become totally or permanently disabled as a direct and proximate result of the performance of duties in the police department, said member shall be retired on a pension of Seventy-five Dollars ($75) per month.
By total and permanent disability is meant such disability as permanently incapacitates a member from performing the usual and customary duties of a police officer.
Before any retirement on disability pension is made, the pension board shall require such medical examination and such other evidence as it may see fit to establish such total and permanent disability, as above provided.
When any member has been retired for total and permanent disability, he shall be subject at all times to re-examination by the pension board and shall submit himself to such further examination as the pension board may require.  If any member shall refuse to submit himself to any such examination, the pension board may within its discretion, order said payment stopped.  If a member who has been retired under the provision of this Section, should thereafter recover so that in the opinion of the pension board, he is able to perform the usual and customary duties of a police officer, and such member is reinstated or tendered reinstatement in the police department, then the pension board shall order such payments stopped.
Said pension board may, at its discretion, retire on said permanent and total disability pension, those members of said police department who have heretofore become totally and permanently disabled, as that term is above defined.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 13. Pension to Dependents, When

Sec. 13. PENSION TO DEPENDENTS, WHEN.  When any member who has been retired upon pension, whether retirement pension or disability pension, or when any member who has a pension certificate shall thereafter die from any cause, his pension of Seventy-five Dollars ($75) per month shall be payable to his dependents, if any, as is provided in the next preceding Section hereof, but only for the unexpired portion of ten (10) years.  In computing said ten (10) years, such length of time as a pension may have been paid to said member during his lifetime shall be deducted from such ten-year period, and such dependents shall receive said payment only for the unexpired term of ten (10) years.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 14. Refunds on Leaving Service

Sec. 14. REFUNDS ON LEAVING SERVICE.  If any such member shall leave such police department either voluntarily or involuntarily before he is entitled to a pension, he shall have refunded to him the deductions from his salary, which have been paid into said pension fund.  Said payments may be made to him, either in a lump sum or on a monthly basis, as may be determined by the pension board.
Provided, however, that this Section shall be subject to Section 10 and upon a re-entry into the department all such refunds shall be paid back into the pension fund or prior service of such member shall not be counted toward his retirement pension.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 15. Reduction of Benefits Authorized in Case Fund Is Depleted

Sec. 15. REDUCTION OF BENEFITS AUTHORIZED IN CASE FUND IS DEPLETED.  In the event said pension fund becomes seriously depleted, in the opinion of the pension board, said pension board may proportionately and temporarily reduce the benefits of all pensioners and beneficiaries, but such reductions shall thereafter be paid to such pensioners or beneficiaries as and when said fund is, in the opinion of the pension board, sufficiently re-established to do so.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 16. Legal Counsel for Board

Sec. 16. LEGAL COUNSEL FOR BOARD.  The city attorney of any such city shall render such legal service, and without additional compensation, as such pension board may request him to do.  The pension board may, if it deems necessary, employ additional legal assistance and pay reasonable compensation therefor, out of said police pension fund.  Said pension board, may at its discretion, from time to time, employ the services of an actuary, and pay him reasonable compensation out of said police pension fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 17. Pensions Not Subject to Execution, Etc

Sec. 17. PENSIONS NOT SUBJECT TO EXECUTION, ETC.  No portion of any such pension fund, either before or after its order of disbursement by said pension board, and no amounts due or to become due any beneficiary or pensioner, under this Act, shall ever be held, seized, taken, subjected to, detained, or levied upon by virtue of any execution, attachment, garnishment, injunction, or other writ, and no order or decree, or any process or proceeding whatsoever, shall issue out of or by any Court of this State for the payment or satisfaction in whole or in part out of said pension fund, of any debt, damage, claim, demand, or judgment against any such members, pensioners, dependents, or any person whomsoever, nor shall such police pension fund or any part thereof, or any claim thereto be directly or indirectly assigned or transferred and any attempt to transfer or assign the same or any part thereof, or any claim thereto, shall be void.  Said fund shall be sacredly held, kept, and disbursed for the purposes provided by this Act, and for no other purposes whatsoever.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 18. Severability Clause

Sec. 18. SEVERABILITY CLAUSE.  If any provision, section, part, subsection, sentence, clause, phrase, or paragraph of this Act be declared invalid or unconstitutional, the same shall not affect any other portion or provision hereof and all other provisions shall remain valid and unaffected by any invalid portion, if any.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243d-1. Policemen's Relief and Retirement Fund › Section 19. Act to Be Cumulative to Other Laws

Sec. 19. ACT TO BE CUMULATIVE TO OTHER LAWS.  The provisions hereof shall be cumulative of and in addition to all other laws relating to pensions, which laws are hereby preserved and continued in force and effect, provided, however, that in the event of any conflict, the provisions of this law shall control, and police departmental pensions in the cities covered by this Act shall be administered in accordance with this law.
Acts 1939, 46th Leg., p. 105.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 3. Application of Act

Sec. 3.  APPLICATION OF ACT.  (a)  This Act applies to each municipality in the state that has a regularly organized fire department not consisting exclusively of volunteers, except:
(1)  a municipality all of whose fire department personnel participate in the Texas Municipal Retirement System;
(2)  a municipality whose fire department is governed by another state law providing for retirement benefits for fire department personnel; and
(3)  a municipality that has in effect a program providing retirement benefits for fire department personnel that was established by charter or ordinance before September 1, 1989.
(b)  This Act also applies to each municipality in the state that has a fire department that:
(1)  consists exclusively of volunteers;
(2)  was organized before September 1, 1989, and remains a regularly organized department; and
(3)  does not participate in the statewide program provided by Chapter 269, Acts of the 65th Legislature, Regular Session, 1977 (Article 6243e.3, Vernon's Texas Civil Statutes).
(c)  If a municipality's fire department consists partly of employees participating in the Texas Municipal Retirement System and partly of employees or volunteers not participating in that retirement system, this Act applies to the persons who are not participating in the Texas Municipal Retirement System.  In that circumstance, a provision of this Act that applies to members of a retirement system or to members of a fire department applies only to those members who are participating in a retirement system under this Act.
(d)  If a municipality's fire department consists partly of volunteers participating in the statewide program provided by Chapter 269, Acts of the 65th Legislature, Regular Session, 1977 (Article 6243e.3, Vernon's Texas Civil Statutes), and partly of employees not participating in that program, this Act applies to the fire department personnel who are employees.  In that circumstance, a provision of this Act that applies to members of a retirement system or to members of a fire department applies only to those members who are employees.
(e)  In addition to the other applicability of this Act, this Act applies to a political subdivision that has a regularly organized fire department not consisting exclusively of volunteers, except a political subdivision whose fire department is governed by another state law providing for retirement benefits for full-time paid fire department personnel.  If the political subdivision's fire department consists partly of volunteers eligible to participate in the program provided by Subtitle H, Title 8, Government Code, and partly of employees, this Act applies to fire department personnel who are employees.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 4. Retirement System and Trust Fund

Sec. 4.  RETIREMENT SYSTEM AND TRUST FUND.  A fire fighters' retirement system and trust fund are established in each municipality or other political subdivision to which this Act applies.  The board of trustees of each retirement system established by this Act shall hold or cause to be held in trust the assets appropriated or dedicated to the system or fund, separate from other money or accounts administered by the board of trustees or the municipality or other political subdivision, for the exclusive benefit of the members and retirees of the system and their beneficiaries.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 5. Exemption From Judicial Process

Sec. 5.  EXEMPTION FROM JUDICIAL PROCESS.  All amounts in a trust fund of a retirement system subject to this Act and all rights accrued or accruing under this Act to any person are exempt from garnishment, attachment, execution, state and municipal taxation, sale, levy, and any other process and are unassignable.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 6. Social Security

Sec. 6.  SOCIAL SECURITY.  Provisions of a retirement system may not be integrated with social security as otherwise permitted under Sections 401(a)(4), (a)(5), and (l) of the Internal Revenue Code of 1986 (26 U.S.C. Section 401).
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 7. Modification of Benefits and Eligibility

Sec. 7.  MODIFICATION OF BENEFITS AND ELIGIBILITY.  (a)  The board of trustees of a retirement system may change the benefits or eligibility requirements for benefits payable from the retirement system, may provide for reinstatement by a member of service credit previously forfeited, and may adopt or change other requirements for the payment of benefits, except as otherwise prohibited by this Act.
(b)  Before a board of trustees chooses to adopt or change a benefit or requirement for payment of benefits under this section, the proposed addition or change must be approved by:
(1)  an eligible actuary selected by the board; and
(2)  a majority of the participating members of the retirement system voting on the addition or change by secret ballot at an election held for that purpose at which at least 50 percent of all participating members of the retirement system vote.
(c)  To be eligible to approve an addition or change under this section, an actuary must be either a fellow of the Society of Actuaries or a member of the American Academy of Actuaries.
(d)  Except as provided by Subsection (e) of this section, if a board chooses to adopt an addition or change after it has been approved as provided by this section, the addition or change applies to all persons who are participating members of the retirement system on the effective date of the addition or change and all persons who became participating members during the time the addition or change remains in effect.  The addition or change also may apply to:
(1)  persons receiving monthly benefits; or
(2)  former members of the fire department who meet an applicable length-of-service requirement for service retirement.
(e)  An addition or change adopted under this section may not, without the written consent of the member, retiree, or eligible survivor under Section 15 of this Act, deprive a member of the retirement system, a retiree, or an eligible survivor of a right to receive a vested accrued benefit.
(f)  The effective date of a change or addition adopted under this section is a date specified by the board of trustees that is not earlier than the date of adoption by the board.  A change or addition may not be applied retroactive to its effective date unless required to maintain a plan's tax qualification status.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 8. Recovery of Amounts Wrongfully Obtained

Sec. 8.  RECOVERY OF AMOUNTS WRONGFULLY OBTAINED.  The board of trustees of a retirement system subject to this Act may initiate or cause to be initiated a suit against any appropriate person to recover amounts paid or obtained from the trust fund through fraud, misrepresentation, theft, or other misapplication or by mistake.  The board of trustees shall deposit amounts recovered under this section in the trust fund for the retirement system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 9. Membership

Sec. 9.  MEMBERSHIP.  (a)  Except as otherwise provided by this section, a person who is an employee of a fire department included within the coverage of a retirement system is a member of the retirement system if the person is younger than 36 years old on the date the person is certified under civil service as eligible for a beginning position with the department.
(b)  Except as provided by Subsections (c), (d), (e), and (g) of this section, a person who performs services as a volunteer of a fire department included within the coverage of a retirement system is a member of the retirement system.
(c)  A board of trustees established under this Act may, in accordance with Section 7 of this Act:
(1)  require a waiting period before retirement system membership begins;
(2)  include within the required membership of the retirement system categories of personnel, other than personnel performing services for the fire department, who perform emergency medical or fire department-related services; or
(3)  exclude from membership categories of fire department personnel not regularly directly engaged in the fighting of fires.
(d)  If a board of trustees, under Subdivision (2) of Subsection (c) of this section, includes categories of personnel within the membership of a retirement system, for purposes of this Act, the personnel are considered employees or volunteers, as applicable, of the fire department and their service is considered as if it were performed for the fire department included within the coverage of the retirement system.
(e)  As a condition of membership in a retirement system, a board of trustees may by order require persons to pass a physical examination given by a physician of the board's choice but may not require the persons to pay the cost of the examination.
(f)  A board of trustees of a retirement system for a fire department may by order authorize membership in the retirement system for employees of the department who are 36 years old or older at the time they become employees but who first became fire fighters at an age younger than 36.  Membership under an authorization is optional with each employee, except that an employee must, before beginning membership, pass any physical examination requirement established under Subsection (e) of this section.
(g)  A service retiree of a retirement system may not rejoin or receive credit in the system for any postretirement service performed for the fire department included within the coverage of the system.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 10. Service Credit

Sec. 10.  SERVICE CREDIT.  (a)  Service credit is earned in a retirement system for each month for which an employee makes the contribution required under this Act.
(b)  Service credit is earned in a retirement system for each calendar year in which a volunteer answers at least 25 percent of all fire alarms determined by the board of trustees and attends at least 40 percent of all drills held by the fire department.
(c)  A retirement system shall also grant service credit to a member who leaves the service of a fire department and later returns, if the break in service is attributable to service for any period as a member of the armed forces of the United States during a war or national emergency.
(d)  Absence from service by an employee does not forfeit service credit accrued before the absence begins, unless membership is terminated.  Absence from service by a volunteer does not forfeit service credit accrued before the absence begins.
(e)  A board of trustees established under this Act may, in accordance with Section 7 of this Act, expand the circumstances under which service credit is earned.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 11. Previous Fire Department Service

Sec. 11.  PREVIOUS FIRE DEPARTMENT SERVICE.  (a)  Except as provided by Subsection (c) of this section, a person who elects to become a member of a retirement system under an authorization adopted under Subsection (f) of Section 9 of this Act may establish credit in the retirement system for previous service performed for another fire department included within the coverage of a retirement system under this Act.  To establish credit for the previous service, the person must deposit with the retirement system an amount determined by the board of trustees that is equal to the sum of:
(1)  the amount that the person would have contributed to the system if the person's previous fire department service had been performed for the department by which the person is employed, computed on the member contribution rate in effect in the retirement system at the time the service was performed and on the person's compensation for the previous service; and
(2)  interest on the amount described by Subdivision (1) of this subsection at the rate of eight percent, compounded annually, from the date the service was performed to the date of deposit.
(b)  If a person makes the deposit described by Subsection (a) of this section, the municipality or other political subdivision served by the fire department that employs the person shall deposit with the retirement system an amount determined by the board that is equal to the sum of:
(1)  the amount that the municipality or other political subdivision would have contributed to the system if the person's previous fire department service had been performed for the department by which the person is employed, computed on the contribution rate of the municipality or other political subdivision in effect in the retirement system at the time the service was performed and on the person's compensation for the previous service; and
(2)  interest on the amount described by Subdivision (1) of this subsection at the rate of eight percent, compounded annually, from the date the service was performed to the date of deposit.
(c)  A person may not establish credit under this section for service that is credited in another public retirement system, including another retirement system subject to this Act.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 12. Service Retirement

Sec. 12.  SERVICE RETIREMENT.  (a)  A member of a retirement system is eligible for retirement for service if the member is at least 55 years old and has performed at least 20 years of service that is credited in the retirement system.
(b)  Except as provided by Subsection (c) of this section, monthly benefits payable for service retirement are $100 to a retiree whose service was not exclusively as a volunteer and $25 to a retiree whose service was exclusively as a volunteer.
(c)  A board of trustees established under this Act may, in accordance with Section 7 of this Act:
(1)  decrease the age or service requirements for service retirement from a particular retirement system; or
(2)  determine formulas for computing benefits, classes of permissible beneficiaries, and other requirements for payment of service retirement benefits, as long as the minimum benefits payable to a retiree are not less than the amounts provided by Subsection (b) of this section.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 13.

Sec. 13.  (a)  A member of a retirement system who meets an applicable length-of-service requirement for service retirement benefits but does not meet the applicable age requirement for service retirement benefits may terminate employment with or otherwise discontinue service for the fire department and remain eligible to receive service retirement benefits from the retirement system on attaining the applicable age, as long as the member does not withdraw contributions in the retirement system.
(b)  A member who terminates employment or otherwise discontinues service after meeting an applicable length-of-service requirement for service retirement may not be required to pay to the retirement system contributions that become due after the date of termination or discontinuance.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 16. Reduction of Benefits During Deficiency

Sec. 16.  REDUCTION OF BENEFITS DURING DEFICIENCY.  If money available for benefits currently payable by a retirement system is insufficient to pay the full amount of those benefits, a board of trustees may proportionately reduce all benefit payments for the time necessary to prevent payments from exceeding money available to pay the benefits.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 17. Person Causing Death of Member or Annuitant

Sec. 17.  PERSON CAUSING DEATH OF MEMBER OR ANNUITANT.  (a)  A benefit payable on the death of a member or annuitant may not be paid to a person convicted of causing that death but instead is payable to a person who would be entitled to the benefit had the convicted person predeceased the decedent.  If no person would be entitled to the benefit, the benefit is payable to the decedent's estate.
(b)  A retirement system is not required to pay a benefit under Subsection (a) of this section unless it receives actual notice of the conviction of the person who would have been entitled to the benefits.  However, a retirement system may delay payment of a benefit payable on the death of a member or annuitant pending the results of a criminal investigation and of legal proceedings relating to the cause of death.
(c)  For the purposes of this section, a person has been convicted of causing the death of a member or annuitant if the person:
(1)  has pleaded guilty or nolo contendere to or has been found guilty by a court of an offense at the trial of which it is established that the person's intentional, knowing, or reckless act or omission resulted in the death of a person who was a member or annuitant, regardless of whether sentence is imposed or probated; and
(2)  has no appeal of the conviction pending and the time provided for appeal has expired.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 18B. Technical Assistance, Training, and Information for Boards of Trustees

Sec. 18B.  TECHNICAL ASSISTANCE, TRAINING, AND INFORMATION FOR BOARDS OF TRUSTEES.  (a)  The State Pension Review Board shall provide technical assistance, training, and information to members of the boards of trustees established under this Act.  The training required by this section must be designed to meet the specific needs of members of boards of trustees administering benefit plans for local fire fighters, including small-to-medium-sized benefit plans.
(b)  To the extent resources are available, the board shall designate one person who specializes in providing the technical assistance, training, and information required under Subsection (a).
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 20. Board of Trustees for Volunteer Fire Department

Sec. 20.  BOARD OF TRUSTEES FOR VOLUNTEER FIRE DEPARTMENT.  (a)  In each municipality to which this Act applies and that has a fire department consisting exclusively of volunteers, the fire fighters' retirement system is governed by a board of trustees consisting of:
(1)  the mayor of the municipality or the mayor's designated representative;
(2)  the municipal treasurer or, if there is no officer denominated as treasurer, the person who performs the duties of municipal treasurer; and
(3)  three members of the retirement system elected by participating members as provided by Subsection (b) of this section.
(b)  During each period that begins on December 1 of one year and ends on January 31 of the following year, the participating members of a fire fighters' retirement system in a municipality subject to this section shall elect by secret ballot and certify to the governing body of the municipality a member to the board of trustees to serve a term of approximately three years that expires on the day before the date of the first board meeting that occurs after the election of a successor.  To be elected a member of a board of trustees under this subsection, a person must be a member of the retirement system and receive a majority of the votes cast in the election, and at least 50 percent of all participating members of the retirement system must vote in the election.
(c)  The municipal treasurer is the secretary-treasurer of a board of trustees established under this section.  A board of trustees established under this section annually shall elect a chairman and a vice-chairman to preside in the absence or disability of the chairman.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 22. Appeals From Local Board Decisions

Sec. 22.  APPEALS FROM LOCAL BOARD DECISIONS.  (a)  A person aggrieved by a decision of a board of trustees relating to eligibility for or amount of benefits payable by a retirement system may appeal the decision to the State Office of Administrative Hearings.
(b)  An appeal under this section is begun by delivering a notice of appeal with the chairman, secretary, or secretary-treasurer of the board of trustees that made the decision.  The notice must be delivered not later than the 20th day after the date of the decision and contain a brief description of the reasons or grounds for appeal.  The aggrieved person must file a copy of the notice with the State Pension Review Board.
(b-1)  As soon as practicable after receiving a notice of appeal under Subsection (b) of this section, the State Pension Review Board shall refer the matter to the State Office of Administrative Hearings by submitting notice of the appeal to that office.
(c)  An appeal under this section is held in Austin and is a contested case under Chapter 2001, Government Code, conducted as a de novo hearing by the State Office of Administrative Hearings.
(d)  The sole function of the State Pension Review Board with respect to an appeal under this section is to refer the appeal to the State Office of Administrative Hearings, and that office has exclusive authority to decide the appeal.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 22A. Attorney

Sec. 22A.  ATTORNEY.  A board of trustees may employ an attorney to represent the board in one or all legal matters, including a hearing on appeal to the State Office of Administrative Hearings.  At the request of a board of trustees, the city attorney of the municipality of which the board is a part shall, without additional compensation, represent the board in one or all legal matters.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 23. Actuary

Sec. 23.  ACTUARY.  (a)  A board of trustees established under this Act may employ an actuary to provide actuarial services.
(b)  The cost of actuarial services may be paid from assets of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 24. Certified Public Accountant

Sec. 24.  CERTIFIED PUBLIC ACCOUNTANT.  (a)  A board of trustees established under this Act may employ a certified public accountant or a firm of certified public accountants to perform an audit of the fund in accordance with Section 12.102, Title 110B, Revised Statutes.
(b)  The cost of an audit may be paid by the municipality or other political subdivision or from the assets of the fund.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 25. Other Expenses

Sec. 25.  OTHER EXPENSES.  (a)  Except as provided by Subsection (b) of this section, a board of trustees established under this Act may pay from assets of the fund all costs reasonably and lawfully incurred by the retirement system and the costs of actual expenses incurred by board members in the performance of their duties on the board.  A member of the board may not receive compensation for service on the board.
(b)  The annual amount of payments from a fund under this section, excluding legal and medical fees, may not exceed:
(1)  1 percent of the market value of the assets of the fund for the first $1 million in market value; and
(2)  1/4 of 1 percent of the market value of the assets of the fund that exceeds $1 million.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 26. Gifts Accepted From Any Source

Sec. 26.  GIFTS ACCEPTED FROM ANY SOURCE.  The board of trustees of a retirement system established under this Act is authorized to accept and receive for the use and benefit of the fund, in addition to member contributions and contributions of the municipality or other political subdivision, gifts of money from any source.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 27. Investment of Assets

Sec. 27.  INVESTMENT OF ASSETS.  (a)  A board of trustees established under this Act shall keep a sufficient amount of cash on hand to make payments as they become due under the retirement system.  If a board determines that the fund of its retirement system contains an amount in excess of the amount needed to make payments as they become due, the board may invest any portion of the excess.
(b)  In making investments for a retirement system, its board of trustees shall exercise the judgment and care, under the circumstances prevailing at the time of the investment, that persons of ordinary prudence, discretion, and intelligence exercise in the management of their own affairs, not in speculation but when making a permanent disposition of their funds, considering the probable income from the disposition and the probable safety of their capital.
(c)  A board of trustees established under this Act may not invest in the stock or bonds of one corporation more than five percent of the book value of the assets of a fund.  A retirement system may not own more than five percent of the voting stock of one corporation.
(d)  A board of trustees established under this Act shall adopt formal investment policies that emphasize safety and diversity as well as liquidity for benefit payments.  In developing those policies, the board of trustees shall give special consideration to the preferred investment practices of the Government Financial Officers Association.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 28. Investment Manager and Counseling Service

Sec. 28.  INVESTMENT MANAGER AND COUNSELING SERVICE.  (a)  The board of trustees of a retirement system established under this Act may appoint investment managers for the system by contracting for professional investment management services with one or more organizations, which may include a bank if it has a trust department, that are in the business of managing investments.
(b)  To be eligible for appointment under Subsection (a) of this section, an investment manager must be:
(1)  registered under the Investment Advisors Act of 1940 (15 U.S.C. Section 80b-1 et seq.);
(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.
(c)  In a contract made under this section, the board of trustees shall specify policies, requirements, and restrictions, including criteria for determining the quality of investments and for the use of standard rating services, that the board of trustees adopts for investments of the system.
(d)  In choosing and contracting for professional investment management services and in continuing the use of an investment manager, the board of trustees must act prudently and in the interest of the participants and beneficiaries of the retirement system.
(e)  A trustee is not liable for the acts or omissions of an investment manager appointed under this section, nor is a trustee obligated to invest or otherwise manage any asset of the system subject to management by the investment manager.
(f)  A board of trustees established under this Act may employ professional investment counselors to assist and advise the board in the investment of the assets of the fund or to evaluate the performance of an investment manager appointed under this section.  The investment counseling service must be provided by an organization whose business functions include performing continuous investment advisory service to public retirement systems.
(g)  The cost of investment managing or counseling services may be paid by the municipality or other political subdivision or from the assets of the fund.
(h)  A retirement system established under this Act is exempt from Subchapter C, Chapter 802, Government Code, except Sections 802.2011, 802.2015, 802.202, 802.205, and 802.207.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 30. Pick Up of Employee Contributions

Sec. 30.  PICK UP OF EMPLOYEE CONTRIBUTIONS.  (a)  A municipality or other political subdivision may pick up the employee contributions required by Subsection (a) of Section 29 of this Act for all compensation that is earned by participating members of the retirement system on or after the effective date of the pick up.  Employee contributions picked up as provided by this section are in lieu of deductions of employee contributions from paychecks or warrants and shall be paid by the municipality or other political subdivision to the retirement system from the same source of funds that is used in paying compensation to the members.  A pick up of employee contributions shall be accompanied by a reduction in the compensation of members, an offset against a future increase in member compensation, or a combination of compensation reduction and offset against a compensation increase.  Unless otherwise determined by the governing body of the municipality or other political subdivision and approved by majority vote of the participating members at an election by secret ballot, a pick up of contributions results in a corresponding reduction in compensation.
(b)  Contributions picked up as provided by this section shall be treated as employer contributions in determining tax treatment of the amounts under the Internal Revenue Code of 1986.  Employee contributions picked up as provided by this section shall be deposited to the credit of the individual account of each affected member and shall be treated for all other purposes of this Act as if the contributions had been deducted from the compensation of members.  Picked up contributions are not includable in a computation of contribution rates of the municipality or other political subdivision.
(c)  A pick up of employee contributions takes effect in a municipality or other political subdivision on January 1 of the year following the year in which:
(1)  the governing body of the municipality or other political subdivision by ordinance has adopted the pick up; and
(2)  the pick up has been approved by majority vote of the participating members of the retirement system at an election by secret ballot at which at least 50 percent of the participating members vote.
(d)  A pick up of employee contributions is terminated in a municipality or other political subdivision on January 1 of the year following the year in which:
(1)  the termination has been approved by a two-thirds vote of the participating members of the retirement system at an election by secret ballot at which at least 50 percent of the participating members vote; and
(2)  the governing body of the municipality or other political subdivision has repealed the ordinance that adopted the pick up of employee contributions.
2023 Texas Statutes › Vernon's Civil Statutes › Title 109 - Pensions › Article 6243e. Texas Local Fire Fighters Retirement Act › Section 31. Termination of Participation in Act

Sec. 31.  TERMINATION OF PARTICIPATION IN ACT.  (a)  A retirement system for a fire department not consisting exclusively of volunteers may not be terminated or merged into another retirement system without the approval of the board of trustees of the retirement system and the approval of the participating members of the system in the manner described by Subdivision (2) of Subsection (b) of Section 7 of this Act provided 51 percent of the volunteers first petition the board for such change.
(b)  The board of trustees of a retirement system for a fire department consisting partly of employees and partly of volunteers may transfer assets actuarially attributable to the volunteers from the retirement system under this Act to the statewide program provided by the Texas Statewide Volunteer Fire Fighters Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes), if the board obtains approval as provided by Section 7 of this Act provided 51 percent of the volunteers first petition the board for such change.
(c)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1316, Sec. 4.01(7), eff. June 14, 2013.
For contingent expiration of this section, see Subsection (g).