reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specifically provided in
				this part, the terms and phrases used in Chapters 302, 304, 306, 308 and 310
				have the meanings assigned by Government Code, Chapters 861 - 865.
(b) In Chapters 302, 304, 306, 308 and 310,
				"Texas Local Fire Fighters Retirement Act" means the Texas Local Fire Fighters
				Retirement Act (Article 6243e, Vernon's Texas Civil Statutes).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.2 - Benefit Distributions

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				section:
(1) "Code" means the Internal
				Revenue Code of 1986, as amended.
(2) "§401(a)(9) requirements" means the
				requirements under §401(a)(9) of the code and Treasury Regulations
				§1.401(a)(9)-1 through §1.401(a)(9)-9.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.3 - Trustee-to-Trustee Transfer

Current through Reg. 49, No. 28; July 12, 2024
The distributee of a rollover distribution may elect, in a
				  manner provided by the pension system, to have the distribution paid directly
				  to an eligible retirement plan specified by the distributee in the form of a
				  direct trustee-to-trustee transfer. The pension system shall develop procedures
				  to implement this section in accordance with the Internal Revenue Code of 1986,
				  as amended, and related regulations.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.4 - Reduction or Revocation of Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				person entitled to benefits from the pension system may, in a manner determined
				by the pension system, reduce the amount of the benefits or revoke the right to
				the benefits. A decision under this section is irrevocable and binding on the
				person's spouse and dependents, if applicable. If the person reducing or
				revoking benefits is married, the person's spouse must consent to such
				reduction or revocation in writing in a manner determined by the pension
				system.
(b) A reduction or
				revocation under this section applies to all payments that become or would have
				become due after the date of the reduction or revocation. Amounts waived under
				this section are forfeited to the pension system.
(c) A subsequent cost-of-living adjustment
				granted under the pension system, a benefit increase granted by a governing
				body of a participating department, or a benefit increase or adjustment for
				persons entitled to benefits under the Texas Local Fire Fighters Retirement Act
				that are being administered by the pension system will not be applied to
				persons who have reduced or revoked their benefits under this
				section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.5 - Corrections of Errors and Contributions Past Due

Current through Reg. 49, No. 28; July 12, 2024
(a) The participating department head shall
				correct an error in enrollment in membership or computation of qualified
				service as soon as administratively practicable after the participating
				department head discovers the error or the local board notifies the
				participating department head of an error. Using a form provided by the pension
				system, the request forcorrection of error shall be certified by the local
				board chair and provided to the Executive Director in the manner prescribed by
				the pension system.
(b) The
				Executive Director shall review the request for correction of error and may
				require the participating department head to provide additional documentation
				with respect to the correction of error. The Executive Director may reject any
				proposed correction if such additional documentation does not support the
				proposed correction of error or if such additional documentation is not
				provided. The Executive Director shall notify the participating department head
				and the local board chair if the proposed correction of error is approved or is
				denied due to lack of documentation provided by the participating department
				head or for any other reason.
(c)
				The Executive Director shall determine the applicable past due contributions
				required by the correction of error, if any, including applicable interest
				charges in accordance with §
									863.005
				of the Texas Government Code.
(d)
				In accordance with §
									865.014(a),
				Texas Government Code, the governing body of the political subdivision
				associated with the participating department that is requesting the correction
				is liable for payment of past due contributions and interest charges, if any,
				and such payments shall be made in accordance with instructions provided by the
				pension system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.7 - Employees of Participating Departments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Effective September 1, 2019, the 86th Texas Legislature adopted H.B. 3247 which
				amended §
									862.002,
				Texas Government Code, to allow all employees of a participating department to
				participate in the pension system.
(b) Pursuant to the authority granted to the
				state board under §
									861.006(a),
				Texas Government Code, to adopt rules to modify the pension system as necessary
				to meet the plan qualification requirements under §401(a) of the code, the
				implementation of the enrollment and participation of employees of
				participating departments, whether full-time or part-time, as members of the
				pension system will be delayed to ensure the participation of such employees
				satisfies the plan qualification requirements under §401(a) of the
				code.
(c) The state board intends
				to adopt rules related to the participation of employees of participating
				departments in the pension system on or before September 1, 2020 to the extent
				such participation is consistent with plan qualification requirements under the
				code.
(d) Notwithstanding as
				otherwise provided in this section, an employee of a participating department
				who is enrolled as a member of the pension system before September 1, 2019,
				shall continue to be a member of the pension system until otherwise
				provided.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.8 - Qualified Service

Current through Reg. 49, No. 28; July 12, 2024
The local board shall be responsible for the policy for its
				  participating department relating to the requirements for percentage of
				  attendance of emergencies defined under §
									861.001(10)(B)(i),
				  Texas Government Code, or the percentage of providing support services for
				  emergencies defined under §
									861.001(10)(B)(ii),
				  Texas Government Code, in connection with the determination of whether a person
				  is performing or has performed qualified service for purposes of the pension
				  system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.9 - Certification of Physical Fitness

Current through Reg. 49, No. 28; July 12, 2024
A member who experiences a break-in-service of more than six
				  months from all participating departments must again satisfy the requirements
				  of §
									862.003(a),
				  Texas Government Code (Certification of Physical Fitness), to receive credit
				  for qualified service under the pension system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.10 - Nonforfeitable Benefits

Current through Reg. 49, No. 28; July 12, 2024
The retirement benefit earned by a member shall be
				  nonforfeitable upon attaining normal retirement age. In addition, the
				  retirement benefit earned by a member shall become nonforfeitable to the extent
				  funded (if not already nonforfeitable), upon the termination of the pension
				  system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 302 - GENERAL PROVISIONS RELATING TO THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 302.11 - Procedures for Plan Qualification

Current through Reg. 49, No. 28; July 12, 2024
The state board may adopt any procedures that it deems
				  necessary in order to ensure that the pension system satisfies the requirements
				  for a qualified retirement plan under the code.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 304 - MEMBERSHIP IN THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 304.1 - Participation by Department

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing
				body of a department may, in the manner provided for taking official action by
				the body, elect to participate in the pension system. The governing body of a
				department shall notify the Executive Director in writing as soon as
				practicable of an election made under this section. An election made under this
				section is irrevocable except as provided by §
									862.001,
				Texas Government Code, and any rules adopted by the state board thereunder.
				Effective September 1, 2015, a department must have at least seven individuals
				who would be eligible to be a member in the pension system in order to make the
				election to participate provided under this section.
(b) The effective date of a department's
				participation in the pension system must be the first day of a month that
				follows the election of the governing body of the department to participate in
				the pension system.
(c) The
				governing body of a department that makes an election under subsection (a) of
				this section, or the governing body of the political subdivision associated
				with such department may purchase prior service credit under §
									306.1
				of this title (relating to Participation by Department) under the terms of that
				section for service performed before the effective date of participation in the
				pension system, but neither the pension system nor the governing body of the
				participating department or the political subdivision is liable for the payment
				of benefits because of any disability or death that occurred before that
				date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 304 - MEMBERSHIP IN THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 304.2 - Departmental Revocation of Participation in the Pension System

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes of this section and §
				304.3 of this title (relating to Determination of Accrued Benefit):
(1) "Effective date of revocation" means the
				later of the date upon which the requirements listed in subsection (c) of this
				section are satisfied or the date upon which the revocation occurs.
(2) "Revocation" means the occurrence of one
				of the events listed in subsection (b) of this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 304 - MEMBERSHIP IN THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 304.3 - Determination of Accrued Benefit

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				purposes of § 304.2 of this title (relating to Departmental Revocation of
				Participation in the Pension System) and this section, an "affected member"
				means each current member of a participating department who is listed on the
				department's certified membership roster as required under § 304.2(c)(2)
				of this title and who has not commenced a retirement benefit prior to the date
				a revocation occurs as determined under § 304.2 of this title.
(b) Each affected member will be fully vested
				in the affected member's accrued benefit in the pension system as of the date
				the revocation occurs, regardless of the years of qualified service or age of
				such affected member as of such date, as determined under subsection (c), (d),
				or (e) of this section, as applicable.
(c) If the affected member has less than 10
				years of qualified service with the pension system as of the date the
				revocation occurs, his or her accrued benefit will be equal to the product of
				(1) and (2) where:
(1) equals the product of
				the actual number of years of qualified service the affected member has earned
				with the pension system, including any partial years, multiplied by five
				percent (5%); and
(2) equals the
				full service retirement annuity determined under §
										308.2(f)
				of this title (relating to Service Retirement Annuity) based on the
				department's average monthly Part One contributions as of such date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 308 - BENEFITS FROM THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 308.1 - Eligibility for Retirement Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				member is eligible to retire and receive a full service retirement annuity with
				full benefits from the pension system when the member has at least 15 years of
				qualified service credited in the pension system and has attained the age of
				55.
(b) A member is eligible to
				retire and receive a partial service retirement annuity from the pension system
				when the member has at least 10 years of qualified service credited in the
				pension system and has attained the age of 55. Such partial retirement benefit
				shall accrue and be calculated as a percentage of a full service retirement
				benefit determined in §
									308.2(f)
				of this title (relating to Service Retirement Annuity) at the following rates:
(1) 50 percent after the first 10 years of
				credited qualified service; and
(2)
				An additional 10 percent a year for the next five years of credited qualified
				service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 308 - BENEFITS FROM THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 308.2 - Service Retirement Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				section, normal retirement age is the later of the month a member completes 15
				years of credited qualified service or attains the age of 55.
(b) A member who has terminated service with
				all participating departments may apply for a service retirement annuity by
				filing an application for retirement with the Executive Director. The
				application may not be filed more than one calendar month before the date the
				member wishes to retire, which may not precede the date of filing or the date
				of first eligibility to retire. The effective date of a member's retirement is
				the first day of the calendar month after the later of the following:
(1) the date on which a member turns 55 years
				of age;
(2) the date of termination
				of service with the participating department; or
(3) the date on which the pension system
				receives an application that meets the requirements of this subsection from a
				member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 308 - BENEFITS FROM THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 308.3 - Disability Retirement Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Except
				as otherwise provided by §864.004, §
									864.005,
				and §
									864.0051,
				Texas Government Code, and this section, a member whose disability results from
				performing emergency services or support services is entitled to a temporary
				disability retirement benefit in the form of a monthly annuity during the
				period of the disability as determined under §
									864.004(c),
				Texas Government Code, in an amount equal to $400 plus $50 for every $12
				increase in Part One contributions above $36 based on the contribution rate
				applicable to the participating department for which the member was performing
				emergency services or support services at the time of the disability.
(b) An increase in contributions after the
				payment of a monthly disability annuity begins does not increase the amount of
				the annuity.
(c) Disability
				benefits are prorated for portions of months during which a person is
				disabled.
(d) An application for
				disability retirement benefits must be filed with the local board. The local
				board shall report to the Executive Director, in a manner provided by the
				pension system, a determination of a temporary disability not later than the
				45th day after the date the application is received by the local
				board.
(e) The determination of a
				temporary disability is a determination that a member is disabled as described
				in §
									864.004(a),
				Texas Government Code prior to the determination of permanent disability by the
				medical board under §
									864.0051(a),
				Texas Government Code and is not a determination that a particular condition of
				a member is of a temporary nature. A member's right to receive a continuing
				disability retirement benefit shall be determined in accordance with §
									864.0051,
				Texas Government Code.
(f) For
				purposes of a determination by the local board or the medical board of a
				member's disabled status under §864.004, §864.005, or §864.0051,
				a member's "regular occupation" may be determined within the sole discretion of
				the local board or medical board to mean any occupation the member held
				immediately prior to becoming disabled, whether or not the member received
				compensation in connection with such occupation, including, without limitation,
				an occupation as a homemaker or caretaker.
(g) The state board may adopt procedures for
				the administration of disability retirement benefits under the pension system
				as it deems necessary.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.1 - Officers of State Board

Current through Reg. 49, No. 28; July 12, 2024
The trustees of the state board annually shall elect a chair,
				  vice chair, and secretary at the last regularly scheduled board meeting in a
				  state fiscal year. The terms of the officers take effect the following
				  September 1.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.2 - Additional Duties of State Board

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				state board shall formulate the basic and general policies of the pension
				system and the rules consistent with the purposes, policies, principles, and
				standards stated in statutes administered by the state board.
(b) The state board shall adopt and revise
				written investment objectives and policies after consultation with the pension
				system's investment counselor and shall periodically review such objectives and
				policies.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.4 - Standard of Conduct for Financial Advisors and Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with §
									2263.004,
				Texas Government Code, financial advisors and service providers that directly
				or indirectly receive more than $10,000 in compensation from the pension system
				during a state fiscal year and that provide financial services to the Executive
				Director, the state board, or individual members of the state board regarding
				the investment or management of the fund's assets shall comply with all
				applicable standards of conduct with which they are required to comply in
				accordance with federal or state law, rules, or regulations, relevant trade or
				professional associations, and the state board's investment policy.
(b) A financial advisor or service provider
				must agree to comply with these standards of conduct as a prerequisite to
				establishing and continuing any business relationship regarding the
				fund.
(c) The state board is
				authorized to terminate any business or contractual relationship with a
				financial advisor or service provider that the state board has determined to
				have failed to comply with an applicable standard of conduct.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.5 - Local Board of Trustees

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				board annually shall elect a chair, vice chair and secretary no later than the
				last day of February of each calendar year. The participating department head
				may not be elected to serve as the chair of the local board.
(b) A meeting of a local board is subject to
				the Texas Open Meetings law (Chapter
				551, Government
				Code).
(c) Trustees of a local
				board serve staggered two-year terms that begin March 1st and end the last day
				of February of the second year. A vacancy on a local board is filled for the
				remainder of the unexpired term by the procedure by which the position was
				originally filled.
(1) Trustee Selected by
				Governing Body of Political Subdivision. The trustee selected by the governing
				body of the political subdivision serves on the local board to ensure the
				responsibilities of the local board and governing body are fulfilled, including
				but not limited to the submission of the local contributions to the pension
				system for each member performing emergency services or support services for
				the participating department for each month of service beginning on the date
				that the member enters the pension system.
(A) In a municipality, the trustee selected
				may be the chief financial officer of the municipality or, if there is no
				officer denominated as chief financial officer, the person who performs the
				duties of chief financial officer or a person designated by the chief financial
				officer or by the person performing the duties of chief financial
				officer.
(B) In an emergency
				services district, the trustee selected may be a member of the board of
				emergency services commissioners or the person who performs the duties of chief
				financial officer or a person designated by the chief financial officer or by
				the person performing the duties of chief financial officer.
(C) In any other political subdivision, the
				trustee selected may be the chief financial officer or the person who performs
				the duties of chief financial officer or a person designated by the chief
				financial officer or by the person performing the duties of chief financial
				officer.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.8 - Billing

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive Director shall bill the
				governing body of a political subdivision associated with a participating
				department semi-annually on the last business day of February and
				August.
(b) Each billing shall
				include, as appropriate, charges for:
(1)
				monthly Part One contributions for participating members and any corresponding
				Part Two contributions, if applicable;
(2) optional annuity increases or
				supplemental payments;
(3) annuity
				payments funded by the governing body of the political subdivision associated
				with the participating department or the governing body of the participating
				department;
(4) prior service
				contributions;
(5) late-payment
				interest charges; and
(6) unpaid
				administrative penalties.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.9 - Periodic Reports; Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive Director shall require
				periodic reports of local boards and participating department heads. The
				Executive Director shall specify the content of such periodic reports to ensure
				the ability of the state board and the Executive Director to administer the
				pension system in a manner that uses fund assets in a manner required by
				statute.
(b) A report required in
				accordance with this section is late if it is not received by the Executive
				Director before the end of the second month following the last day required to
				be covered in the report.
(c) An
				administrative penalty is imposed on each late periodic report required in
				accordance with this section. The penalty is $500 for each violation, except
				that a surcharge of $100 will be added to the penalty for each month the report
				remains late.
(d) The Executive
				Director may waive an administrative penalty under this section if the
				Executive Director determines, after a written request by a local board or a
				participating department head for a waiver, that the delay in reporting was
				beyond the control of the parties responsible for preparing and submitting the
				report and was not the result of neglect, indifference, or lack of
				diligence.
(e) A local board or
				participating department head may appeal the Executive Director's denial of a
				waiver to the state board to be determined at the state board's next scheduled
				meeting. On appeal to the state board, the state board is subject to the same
				standard for determination as the Executive Director but may in its discretion
				accept additional information from the local board or the participating
				department head.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.10 - Voluntary Payments by Departments to Retirees and Beneficiaries

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing body of a participating
				department, as authorized by this section, may make one or more supplemental
				payments to retirees and other beneficiaries of the pension system, or may
				provide an increase in the amount of annuities paid to retirees and other
				beneficiaries of the pension system. The governing body of a participating
				department may choose to apply a supplemental payment or increase in annuities
				to all retirees and beneficiaries as of the date of the payment or increase or
				to only those whose benefits are derived from a person who was eligible to
				retire under §
									308.1(a)
				of this title (relating to Eligibility for Retirement Annuity) or with a
				specified greater number of years of qualified service.
(b) An increase in benefits may consist of:
(1) an additional payment that does not
				exceed the greater of $50 or 100 percent of a retiree's monthly scheduled
				payment;
(2) an annuity increase
				based on the 12-month increase in the Consumer Price Index for All Urban
				Consumers as of December of the preceding year;
(3) an increase to allow each annuity to
				reach a minimum monthly amount;
(4)
				an increase that adds to each annuity a specified amount for each whole year of
				credited service for the participating department; or
(5) a percentage increase to each
				annuity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.11 - Payments by Pension System

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless
				otherwise requested timely in a manner provided by the pension system, payments
				of a benefit, including a service or disability retirement annuity, survivor
				annuity, or lump-sum benefit, that first becomes payable on or after February
				1, 2013, shall be made by electronic transfer of funds to the recipient's
				account in a banking, credit, or savings institution chartered by the federal
				or state government, as determined by the recipient.
(b) At any time, a member, retiree, or other
				beneficiary of the pension system may elect to have a future payment of a
				benefit paid to the person or the person's beneficiaries, in a manner provided
				by the pension system, by check, or as provided under subsection (a) of this
				section. The pension system shall notify all persons who apply for service or
				disability retirement to take effect on or after February 1, 2013, of this
				option and provide a method for electing this option.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.12 - Access to Information about Members, Retirees, and Beneficiaries

Current through Reg. 49, No. 28; July 12, 2024
(a) The Executive Director shall develop a
				pension system security policy to protect member information, including
				electronic data.
(b) The local
				board annually shall review the pension system security policy and implement
				processes with respect to accessing the participating department's information
				in the pension system's online database which protect member information,
				including electronic data.
(c) At a
				meeting of the local board, the local board shall designate at least two (2)
				users who are approved by the local board to have access to the participating
				department's information in the pension system's online database. Using forms
				provided by the pension system and certified by signature of the local board
				chair, the local board shall report to the Executive Director the required
				information for each of the local board's approved users. At a meeting of the
				local board no later than the last day of February of each calendar year, the
				local board shall designate and approve two (or more) users and report the
				approved user information to the Executive Director in the manner prescribed by
				the Executive Director.
(d) The
				Executive Director shall authorize access to the pension system's online
				database only to users who complete a confidentiality agreement.
(e) Authorized users' confidentiality
				agreements under this section remain in effect until the last day of February
				of each calendar year or until the local board chair provides the Executive
				Director a written revocation of an authorized user's local board approval to
				maintain member records through access to the pension system's online
				database.
(f) If an authorized
				user's local board approval is revoked, the local board shall fill the vacancy
				for the remainder of the calendar year by the procedure in which the user was
				originally approved.
(g) All user
				access to the pension system's online database is subject to the Executive
				Director's approval and may be terminated at any time.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 11 - TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Chapter 310 - ADMINISTRATION OF THE TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM › Section 310.14 - Delegation of Duties Upon Discontinuance of Participation in the Pension System

Current through Reg. 49, No. 28; July 12, 2024
(a) The governing
				body of a political subdivision associated with a former participating
				department may delegate the duties required by such governing body under §
									864.010, Texas
				Government Code, to the executive director by providing a written request to
				delegate such duties to the executive director.
(b) In the event the governing body of the
				political subdivision associated with a participating department that
				discontinues its participation in the pension system or ceases to exist fails
				to perform the duties required by such governing body under §
									864.010, Texas
				Government Code, for a period of 12 months or more and does not otherwise elect
				to delegate its duties to the executive director pursuant to subsection (a) of
				this section, the governing body of the political subdivision will be deemed to
				have designated its duties to the executive director, and the executive
				director is authorized by the state board to perform the duties of such
				governing body.
(c) A one-time
				administrative penalty of $2,500 is imposed on the governing body of the
				political subdivision associated with the department that delegates its duties,
				or whose duties are delegated, in accordance with this section.
(d) The participating department head, if
				any, or the governing body of the political subdivision shall provide the
				executive director with any information that is requested by the executive
				director in order to carry out the duties delegated to the executive director
				under this section, including, without limitation, copies of all membership
				records for members and retirees and the minutes of all local board
				meetings.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 325 - GENERAL STATE POLICY COMMITTEE PROVISIONS › Section 325.3 - Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) The chair of the State Employee
				Charitable Campaign Policy Committee (SPC) will be elected by vote of SPC
				members.
(b) Other officers will be
				elected at the discretion of the chair.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 325 - GENERAL STATE POLICY COMMITTEE PROVISIONS › Section 325.7 - Travel Expenses

Current through Reg. 49, No. 28; July 12, 2024
(a) State Employee
				Charitable Campaign Policy Committee (SPC) and State Employee Charitable
				Campaign Advisory Committee (SAC) members make their own travel arrangements
				and seek reimbursement from the State Employee Charitable Campaign (SECC) state
				campaign manager.
(b)
				Reimbursements are made at the State of Texas rates for per diem, airfare, car
				allowances, hotel and lodging expenses, cab fare, and parking with the
				following special provisions:
(1) Airfare.
				Airfare is reimbursed at the average coach airfare at two week advance rate
				unless approved by the SPC chair.
(2) Mileage. Mileage is reimbursed as
				provided in the
Texas Mileage Guide.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 326 - CAMPAIGN MANAGEMENT › Section 326.1 - 10% Cap

Current through Reg. 49, No. 28; July 12, 2024
The only fee a campaign manager may charge is for actual
				  campaign expenses that are reasonable and necessary. The fee must be based on
				  the combined expenses of the state campaign manager and each local campaign
				  manager, and the total of all fees may not exceed 10% of the total amount of
				  contributions collected in the state employee charitable
				  campaign.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 326 - CAMPAIGN MANAGEMENT › Section 326.3 - Additional Requirements

Current through Reg. 49, No. 28; July 12, 2024
Local campaigns must comply with all applicable provisions,
				  including the appointment of a local campaign manager and the designation of
				  the local campaign manager or representative who shall attend a yearly training
				  session that is provided by the State Campaign Manager (SCM).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 326 - CAMPAIGN MANAGEMENT › Section 326.7 - State Campaign Manager

Current through Reg. 49, No. 28; July 12, 2024
In the event a local campaign manager is not appointed or is
				  not able to carry out its duties, the state campaign manager shall assume those
				  duties.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 327 - LOCAL CAMPAIGN MANAGEMENT › Section 327.1 - 10% Cap

Current through Reg. 49, No. 28; July 12, 2024
The only fee a campaign manager may charge and that an LEC
				  may approve is for actual campaign expenses that are reasonable and necessary.
				  The fee must be based on the combined expenses of the state campaign manager
				  and each local campaign manager, and the total of all fees may not exceed 10%
				  of the total amount of contributions collected in the state employee charitable
				  campaign.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 327 - LOCAL CAMPAIGN MANAGEMENT › Section 327.5 - Local Campaign Budget

Current through Reg. 49, No. 28; July 12, 2024
(a) Each local
				campaign manager is required to submit a budget to the state campaign manager
				by the deadline set forth by the state campaign manager, and by using the
				required budget template. If the SPC has appointed an LEC to the local area,
				the budget must be approved by the LEC before it is submitted to the SPC, who
				has final approval of local budgets.
(b) If the state campaign manager determines
				that the projected combined expenses of the state campaign manager and each
				local campaign manager, and the total of all fees exceeds 10% of the total
				amount collected in the state employee charitable campaign, the state campaign
				manager will return the budgets to some or all local campaign managers, and may
				impose an across-the-board percentage budget reduction to some or all local
				campaign managers so as to result in a combined campaign fee that does not
				exceed 10% of the total amount of contributions collected in the state employee
				charitable campaign that same year. Affected local areas will re-submit their
				proposed budgets with the reduced campaign fee.
(c) The SCM will apply and LECs and LCMs must
				comply with the procedures contained in §
									326.5
				of this title (relating to Campaign Budget) to implement the budget changes
				summarized in subsection (b) of this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 327 - LOCAL CAMPAIGN MANAGEMENT › Section 327.7 - Local Budget Form

Current through Reg. 49, No. 28; July 12, 2024
The SPC adopts by reference the form entitled, Local Campaign
				  Manager Budget, Rev. January 2014, for the submission of local campaign
				  budgets. The form may be obtained from the SECC State Campaign Manager, United
				  Way of Texas, 812 San Antonio, Suite 101, Austin, Texas 78701 or from the SECC
				  website:
http://www.secctexas.org/
.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 329 - ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 329.1 - Audit and Review Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in the state employee charitable campaign, if the charitable
				organization's budget:
(1) is equal to or
				less than $250,000, the organization shall provide a completed Internal Revenue
				Service (IRS) Form 990 and an accountant's review that offers full and open
				disclosure of the organization's internal operations; or
(2) is greater than $250,000, the
				organization shall be audited annually in accordance with generally accepted
				auditing standards of the American Institute of Certified Public Accountants. A
				copy of the report of such audit shall be provided with the application along
				with a completed Internal Revenue Service (IRS) Form 990.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 329 - ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 329.3 - 25% Administrative Cost Cap

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in a state employee charitable campaign (SECC), a charitable
				organization must not spend more than 25% of its annual revenue for
				administrative and fund raising expenses.
(b) The calculation method used to determine
				administrative costs will be as follows: Administrative expenses + fund raising
				costs divided by total revenue = percentage of revenue for administrative costs
				which can be calculated on the IRS Form 990 by adding the amount in part IX
				(Statement of Functional Expenses), Line 25, Column C (Management and General
				Expenses) to the amount in Line 25, Column D (Fundraising Expenses), and
				dividing the sum by Part VIII (Statement of Revenue), Line 12, Column A (Total
				Revenue). For purposes of listing administrative costs in the state employee
				charitable campaign brochure, calculation of administrative costs will be
				carried out two places, rounded down if under 0.50, rounded up if 0.50 or over;
				however, if the costs are any amount over 25%, the application will be denied.
				The SPC will not grant waivers from this requirement.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 329 - ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 329.5 - Re-Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in the State Employee Charitable Campaign and apply via the
				re-certification process:
(1) the statewide
				federation/fund and affiliates must have not spent more than 25% of their
				annual revenue for administrative and fund raising expenses in the prior year's
				campaign; and
(2) statewide
				federation/fund and affiliates must have participated in the prior year's State
				Employee Charitable Campaign.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 329 - ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 329.7 - Compliance Certification

Current through Reg. 49, No. 28; July 12, 2024
Any charitable organization applying to participate in the
				  State Employee Charitable Campaign must be in compliance with all statutes,
				  executive orders, and regulations restricting or prohibiting U.S. persons from
				  engaging in transactions and dealings with countries, entities, or individuals
				  subject to economic sanctions administered by the U.S. Department of the
				  Treasury's Office of Foreign Assets Control. The organization named in the
				  application is aware that a list of countries subject to such sanctions, a list
				  of Specifically Designated Nationals, and Blocked Persons subject to such
				  sanctions, and overviews and guidelines for each such sanction can be found at
				  http://www.treas.gov/offices/enforcement/ofac/sanctions/. If the organization
				  named on the application becomes noncompliant at any time subsequent to
				  completing this certification, it will notify the State Policy Committee of the
				  State Employee Charitable Campaign immediately.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 329 - ELIGIBILITY CRITERIA FOR STATEWIDE FEDERATIONS/FUNDS AND AFFILIATED ORGANIZATIONS › Section 329.11 - Limitation on the Use of Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				To be eligible to participate in a state employee charitable campaign (SECC), a
				charitable organization must affirm and provide sufficient documentation in its
				application demonstrating that it will use SECC contributions only to provide
				"health and human services" or to fund a charitable organization that provides
				" health and human services" as that term is defined in Government Code, §
									659.131. The State
				Policy Committee (SPC) may deny a statewide federation/fund or affiliate's
				application on the basis that sufficient documentation was not provided to
				demonstrate compliance with this section.
(b) A participating charitable organization
				may not use SECC contributions to:
(1)
				directly or indirectly fund litigation; or
(2) make expenditures that would require the
				organization to register under Government Code, Chapter 305 if the organization
				were not an entity exempt from registration under that chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 12 - STATE EMPLOYEE CHARITABLE CAMPAIGN › Chapter 330 - ELIGIBILITY CRITERIA FOR LOCAL FEDERATIONS/FUNDS, AFFILIATED ORGANIZATIONS, AND LOCAL CHARITABLE ORGANIZATIONS › Section 330.1 - Audit and Review Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible
				to participate in the state employee charitable campaign, if the charitable
				organization's budget:
(1) is equal to or
				less than $250,000, the organization shall provide a completed Internal Revenue
				Service (IRS) Form 990 and an accountant's review that offers full and open
				disclosure of the organization's internal operations; or
(2) is greater than $250,000, the
				organization shall be audited annually in accordance with generally accepted
				auditing standards of the American Institute of Certified Public Accountants. A
				copy of the report of such audit shall be provided with the application along
				with a completed Internal Revenue Service (IRS) Form 990.