reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 113 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM QUALIFIED REPLACEMENT BENEFIT ARRANGEMENT › Section 113.5 - Amendment and Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) Amendment and
				Termination of the Arrangement. The Board reserves the right, in its sole
				discretion, to amend or terminate the Arrangement at any time and from time to
				time. By way of example, and not limitation, the Arrangement may be amended or
				terminated to eliminate all payments with respect to any Member or other
				individual who has not become eligible to participate in the Arrangement as of
				the date of such amendment or termination by reason of retirement or death in
				accordance with §
									113.3(a)
				of this chapter. In addition, an amendment or termination may be retroactive to
				the extent that the Board deems such action necessary, in its sole discretion,
				to maintain the tax-qualified status of the System or the status of this
				Arrangement as a qualified governmental excess benefit arrangement as defined
				in Code §415(m) or to avoid jeopardizing the actuarial soundness of the
				Retirement Plan of the Employer.
(b) Termination of Employer's Participation.
(1) An Employer may terminate its
				participation in the Arrangement at any time with the consent of and on terms
				established by the Administrator.
(2) The Administrator may terminate the
				participation of an Employer if the Employer fails to comply with the rules
				established by the Board for the administration of the Arrangement as from time
				to time amended or modified, or fails to perform in accordance with the
				adoption agreement. The determination of an Employer's failure to comply and
				subsequent involuntary termination of participation is within the sole
				discretion and authority of the Administrator. The Administrator's decision is
				final, conclusive and binding unless timely appealed directly to the Board in
				accordance with §
										113.4(d)
				of this chapter.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 113 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM QUALIFIED REPLACEMENT BENEFIT ARRANGEMENT › Section 113.6 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicable Law.
(1) All questions pertaining to the validity,
				construction and administration of the Arrangement shall be determined in
				conformity with the laws of the State of Texas, except to the extent federal
				law preempts state law.
(2) If any
				provision of the Arrangement or the application thereof to any circumstance or
				person is invalid, the remainder of the Arrangement and the application of such
				provision to other circumstances or persons shall not be affected
				thereby.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
As used in rules and regulations adopted by the Board of
				  Trustees of Texas Municipal Retirement System:
(1) the term "Act" means Subtitle G, Title 8,
				Texas Government Code, as amended;
(2) the term "board" means the board of
				trustees of the Texas Municipal Retirement System;
(3) the term "claimant" means any person who
				asserts any claim to any right or benefit under the Act;
(4) the term "director" means the Executive
				Director of the Texas Municipal Retirement System;
(5) the term "medical board" means the group
				of physicians designated by the board of trustees in accordance with
				§855.203 of the Act;
(6) the
				term "SOAH" means the State Office of Administrative Hearings;
(7) the term "TMRS" or "system" means the
				Texas Municipal Retirement System; and
(8) all other words, terms, and phrases as
				used in such rules and regulations shall have the meaning defined in the Act,
				unless the context plainly indicates a different meaning.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.2 - Scope of Rules and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				rules in this chapter shall govern the procedure for the institution, conduct,
				and determination of all claims, complaint or other proceeding arising under or
				relating to the Act, and the administration of such other matters as are set
				forth under this Part 6 of Title 34, Administrative Code. They shall not be
				construed so as to enlarge, diminish, modify, or alter the jurisdiction,
				powers, or authority of the system or the substantive rights of any person.
(b) Subject to the limitation
				described in subsection (a) of this section, the director is authorized to
				suspend, modify or grant an exception to the operation of a rule under this
				Part 6 of Title 34 in individual cases as equity and fairness require (in the
				director's sole discretion) to avoid undue hardship, where to do so will not
				prejudice the system or cause delay or inconvenience in its management or
				administration, or cause harm or injury to another party, or cause an
				impermissible suspension, modification, or exception to a mandatory
				qualification requirement under §401(a) of the Internal Revenue Code of
				1986, as amended or otherwise be prohibited by law. The decision to suspend,
				modify or grant an exception to the operation of a rule in an individual case
				is within the sole and exclusive discretion of the director. Any such
				determination by the director to grant or deny relief is final and not
				appealable by any party. A determination by the director to grant relief to any
				party under this subsection does not create a right or privilege in any other
				party to an exception, suspension or modification to a rule, or excuse a
				failure to comply with a rule in all of its particulars.
(c) No rules in this chapter or elsewhere in
				this Part 6 of Title 34, Administrative Code shall have the effect of waiving
				the sovereign (governmental) or official immunity of TMRS, or its current,
				former, or future trustees, officers, and/or employees.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.3 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				applications, beneficiary designations, administrative elections, petitions,
				complaints, replies, and other pleadings seeking to institute any claim,
				complaint, or other proceeding under the Act, or relating to any such
				proceeding then pending (other than one that has become a "contested case"
				under Chapter 2001 of the Texas Government Code), or seeking to exercise a
				right or perform an administrative action under the Act, shall be filed with
				the director, at the offices of the system in Austin. Such instruments shall be
				deemed filed only when actually received, accompanied by the filing fee, if
				any, required by statute or by rules of the board. For purposes of clarity and
				without limiting the foregoing, if a participant (as that term is defined in
				§855.114 of the Act) who completes and executes a beneficiary designation,
				or application for benefits, dies before the system receives such
				documentation, such application or designation will not be accepted or
				considered valid.
(b) Subject to
				subsection (c) of this section, an instrument may be filed electronically in
				accordance with §855.115(e) of the Act and any instructions provided by
				the system.
(c) If a proceeding
				becomes a "contested case," documents shall thereafter be filed in accordance
				with §§
									121.12-
				121.25
				of this title.
(d) Any notice,
				application, designation, election, petition, complaint, reply or other
				pleading delivered to the system in accordance with subsections (a) or (b) of
				this section is deemed delivered to the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.4 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Computing time.
				In computing any period of time prescribed or allowed by these rules, by order
				of the board, or by any applicable statute, the period shall begin on the day
				after the act, event, or default in controversy and conclude on the last day of
				such computed period, unless it be a Saturday, Sunday, or legal holiday, in
				which event the period runs until the end of the next day that is neither a
				Saturday, nor Sunday, nor legal holiday (as defined by §
									662.021 of the Texas
				Government Code, as amended), nor a TMRS holiday as designated on the website
				for the system (www.tmrs.com).
(b)
				Extensions. Unless otherwise provided by statute, the time for filing any
				application or other form may be extended by order of the director, upon
				written motion duly filed with the director prior to the expiration of the
				applicable period of time for the filing of the same, showing that there is
				good cause for such extension of time and that the need is not caused by the
				neglect, indifference, or lack of diligence of the movant. A copy of any such
				motion shall be served upon all other parties of record to the proceeding
				contemporaneously with filing the motion.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.6 - Time for Filing of Retirement Applications

Current through Reg. 49, No. 28; July 12, 2024
All applications for retirement, whether for service or for
				  disability, must be filed not more than 90 days prior to the date specified by
				  the member as the effective date of his or her retirement; the date specified
				  as the effective date for retirement must be the last day of a calendar month
				  and may not be a date preceding the termination of the member's employment with
				  all participating municipalities. An application is filed when it is actually
				  received at the office of the director of the system in
				  Austin.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.7 - Supporting Documents to Be Submitted

Current through Reg. 49, No. 28; July 12, 2024
(a)
				The director is authorized to require submission of documents reasonably
				related to establishment of a claimed right to benefits. These documents
				include but are not limited to birth certificates; marriage licenses; divorce
				decrees; letters of guardianship; letters testamentary or letters of
				administration; death certificates; relevant court orders; sworn statements of
				witnesses and attending physicians; autopsy reports; and sworn statements of
				the claimant or of others having personal knowledge of relevant facts.
(b) Except upon good cause being
				shown, failure to submit all required documents within four months of the date
				specified by the member as his or her effective retirement date will invalidate
				the application for retirement (service or disability) for all purposes.
				Thereafter, a new application must be submitted and a new retirement date
				chosen in accordance with §
									121.6
				of this title (relating to Time for Filing of Retirement
				Applications).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.8 - Service Retirement Benefits May Be Approved by Director Without Hearing

Current through Reg. 49, No. 28; July 12, 2024
If the director finds from the records of the system and
				  from the documents supporting the application, that the applicant is entitled
				  to a service retirement benefit, the director may approve the retirement,
				  calculate the amount of the benefit and place it into effect without further
				  hearing, unless a contest has been filed under §
									121.12
				  of this title (relating to Contest of Application: Form and Content). All
				  benefits approved shall be reported to the board at its next meeting for
				  confirmation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.9 - Disability Retirement Applications Referred to Medical Board

Current through Reg. 49, No. 28; July 12, 2024
(a) Applications for occupational disability
				retirement shall be referred by the director to the medical board. The medical
				board shall investigate all essential statements and certificates submitted by
				or on behalf of the member in connection with the application for occupational
				disability retirement, and shall pass upon, or cause to be conducted, all
				medical examinations which in its determination are necessary to determine the
				cause, extent, and permanence of the member's disability. The medical board
				shall make and file with the director a written report of its conclusions and
				recommendations.
(b) Pursuant to
				§851.004, the medical board may not be held liable for any actions or
				omissions, conclusions, or recommendations made in good faith under the
				Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.10 - Approval Without Hearing Where Medical Board Certifies Entitlement

Current through Reg. 49, No. 28; July 12, 2024
If the findings and conclusions of the medical board, as
				  stated in its report, are such as in the director's opinion entitle the member
				  under the terms of the Act to the disability retirement benefit applied for,
				  the director may approve the retirement, calculate the amount of the benefit,
				  and place it into effect without further hearing. All benefits approved by the
				  director shall be reported to the board at its next meeting for
				  confirmation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.11 - Summary Disposition of Other Approved Applications

Current through Reg. 49, No. 28; July 12, 2024
Applications for benefits under the Act not specified above,
				  including claims for refund of contributions, may be granted by the director
				  without formal hearing, if not contested by any party, and if the director is
				  satisfied upon the basis of the application and supporting documents that the
				  applicant is entitled to the action requested.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.12 - Contest of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party,
				other than the system, desiring to contest any pending application or claim for
				benefits, shall file with the director a written statement, setting forth:
(1) the name and address of the party filing
				such statement who shall be designated as "contestant";
(2) the name of the party making the
				application or claim being contested;
(3) a concise statement of the facts relied
				on by the contestant as reasons why the contested application or claim should
				be denied; and
(4) a prayer
				specifying the action which the contestant desires the system to take.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.13 - Notice of Prehearing Disposition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				If an application for benefits is approved in whole or in part without hearing,
				the system, by letter of notification, shall inform the applicant in writing of
				the action taken.
(b) If the
				director determines that an application for benefits cannot be approved, the
				system shall send a letter of notification, informing the applicant that the
				claim is denied, in whole or in part, and stating the reasons
				therefor.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.14 - Procedure for Obtaining Hearing of Claim Denied in Whole or in Part by Director

Current through Reg. 49, No. 28; July 12, 2024
(a) A claimant who
				desires to contest the action of the director in denying, in whole or in part,
				the claim to any right or benefit under the Act may obtain a hearing of the
				claim as a "contested case" pursuant to the Administrative Procedure Act
				(Chapter 2001, Government Code) and the following rules, by filing a written
				"request for hearing of denied claim" within 30 days after the date of the
				director's letter of notification.
(b) If no request under subsection (a) of
				this section is filed by the claimant within the 30-day period provided above,
				the prehearing disposition made by the director shall become final and
				unappealable.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.15 - Hearing of Conflicting and Protested Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) Where a party, pursuant to §
									121.12
				of this title (relating to Contest of Application: Form and Content) has filed
				an statement contesting a pending application, the issues presented shall be
				heard as a "contested case" in accordance with the provisions of the
				Administrative Procedure Act (Chapter 2001, Government Code) and the following
				rules adopted by the Board.
(b)
				Upon a written request by a party or upon motion by the director or the board
				of trustees, the director may issue subpoenas addressed to the sheriff or any
				constable to require the attendance of witnesses and the production of books,
				records, papers, or other objects that may be appropriate for purposes of a
				deposition or hearing.
(c) If
				different persons make claim to any benefit which the system concedes is
				payable, or if a party challenges the competency or right of a member to
				dispose of such a benefit in accordance with the latest written designation
				executed by the member and filed with the system, the director may decline any
				decision on the issues between the opposing claimants and file an appropriate
				action (including without limitation an action in interpleader) in Travis
				County District Court, making the opposing claimants parties and may tender
				payment of the benefits through the court to the party adjudged entitled to
				it.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.16 - Subpoenas

Current through Reg. 49, No. 28; July 12, 2024
(a) The issuance of subpoenas in any
				proceeding shall be governed by §2001.089 of the Administrative Procedure
				Act (Chapter 2001, Government Code). Following written request by a party or on
				the system's own motion, the director (or in a contested case the director or
				administrative law judge) may issue subpoenas addressed to the sheriff or any
				constable to require the attendance of witnesses and the production of books,
				records, papers, or other objects as may be necessary and proper for the
				purposes of a proceeding.
(b)
				Motions for subpoenas to compel the production of books, records, papers, or
				other objects shall specify as nearly as may be the books, records, papers, or
				other objects desired and the material and relevant facts to be proven by them.
(c) Subpoenas shall be issued by
				the director or administrative law judge only after showing of good cause and
				the deposit of sums sufficient to insure payment of expense incident to the
				subpoenas. Service of subpoenas and payment of witness fees shall be made in
				the manner prescribed in the Administrative Procedure Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.17 - Depositions

Current through Reg. 49, No. 28; July 12, 2024
The taking and use of depositions in any proceeding shall be
				  governed by the Administrative Procedure Act (Chapter 2001, Government Code).
				  The director is authorized to issue commissions to take depositions on his/her
				  own motion, or on written motion of a part to the proceeding.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.19 - Proposal for Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				administrative law judge who conducted the hearing, or one who has read and/or
				listened to the record, shall prepare a written proposal for decision for
				action by the board of trustees. The proposal for decision shall contain:
(1) proposed findings of fact and conclusions
				of law, separately stated; and
(2)
				if appropriate, a proposed order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.20 - Filing of Exceptions to Proposal, Briefs, and Replies

Current through Reg. 49, No. 28; July 12, 2024
(a) Any party to the contested case
				proceeding may, within 20 days after date of service of a proposal for
				decision, file with SOAH exceptions to the proposal and may submit briefs in
				support of such exceptions; replies to exceptions and reply briefs may be filed
				within 15 days after the filing of such exceptions and briefs. A request for an
				extension of time within which to file exceptions, briefs, or replies may be
				filed with SOAH, and SOAH shall promptly notify the parties of its action upon
				such requests.
(b) Briefs,
				exceptions, and replies shall be of the size and shall conform as nearly as
				possible to the form prescribed for applications and other pleadings.
(c) The administrative law judge
				may amend the proposal for decision pursuant to exceptions, briefs, and replies
				to exceptions and briefs, without the proposal for decision again being served
				on the parties.
(d) The
				administrative law judge shall submit the proposal for decision, including any
				amendments, to the board of trustees, with a copy to each party.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.21 - Closing of Hearing

Current through Reg. 49, No. 28; July 12, 2024
In a contested case heard by an administrative law judge or
				  judges, the hearing is considered closed on the date the proposal for decision
				  is submitted to the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.22 - Board Consideration and Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				final decision in contested cases shall be made by the board of trustees,
				normally at its next regular meeting after time has expired for filing of
				exceptions to the proposal for decision, or any extension of time granted for
				filing such exceptions, or briefs in support of or against exceptions, or as
				soon thereafter as is practicable.
(b) The board will normally make its final
				decision on the basis of a proposal for decision, exceptions to the proposal,
				and briefs supporting and opposing the proposal for decision. However, the
				board, in exceptional cases, on its own motion, or on request of a party, may
				allow oral argument, or further written argument by the parties.
(c) Analysis Regarding Board Order.
(1) Acting in its capacity as fiduciary of
				the trust, the board or its designee may, in their sole discretion, modify,
				refuse to accept, or delete any adopted finding of fact or conclusion of law,
				or make alternative findings of fact or conclusions of law, if it is determined
				by the board or its designee that all or part of the proposal for decision
				submitted by the administrative law judge, or a proposed finding of fact or
				conclusion of law contained therein, is:
(A)
				clearly erroneous or illogical;
(B) against the weight of the evidence;
(C) based on a misapplication of
				the rules of evidence or an insufficient review of the evidence;
(D) based on a medical opinion that is not
				supported by objective medical evidence, or is not based on reasonable medical
				probability;
(E) inconsistent with
				the terms or intent, as determined by the board or its designee, of an
				applicable statute or benefit plan provision;
(F) confusing, incomplete or misleading;
(G) immaterial or irrelevant to
				the issues; or
(H) not sufficient
				to protect the interests of the plans and programs for which the board is
				trustee, or the interests, as a group, of the members, retirees or participants
				covered by such plans and programs.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.23 - Board Decisions and Orders

Current through Reg. 49, No. 28; July 12, 2024
All decisions and orders of the board in contested cases
				  shall be in writing and shall be signed by the director. If the decision or
				  order does not adopt, in whole or in part, the proposal for decision submitted
				  by the administrative law judge, the decision or order shall include findings
				  of fact and conclusions of law, separately stated. The date of rendition shall
				  be stated in the decision or order. Parties shall be notified either personally
				  or by mail of any decision or order. On written request, a copy of the decision
				  or order shall be delivered or mailed to any party and to his or her attorney
				  of record.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.24 - Motions for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
A motion for rehearing is a prerequisite to judicial review.
				  A motion for rehearing must be filed with the director within 20 days after the
				  date of rendition of a final decision or order. Replies to a motion for
				  rehearing must be filed with the system within 20 days after the date of the
				  motion for rehearing, and system action on the motion must be taken within 60
				  days after the date of rendition of the final decision or order. If system
				  action is not taken within the 60-day period, the motion for rehearing is
				  overruled by operation of law 60 days after the date of rendition of the final
				  decision or order. The director may by written order entered prior to the
				  expiration of the 60-day period extend the period of time for taking system
				  action, except that an extension may not extend the period for system action
				  beyond 90 days after the date of rendition of the final decision or order. In
				  the event of an extension, the motion for rehearing is overruled by operation
				  of law on the date fixed by the order or, in the absence of a fixed date, 90
				  days after the date of the final decision or order. The parties may by
				  agreement, with the approval of the director, provide for a modification of the
				  time provided in this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.25 - When Decisions Become Final

Current through Reg. 49, No. 28; July 12, 2024
A decision of the board is final and nonappealable in the
				  absence of a timely motion for rehearing. If a timely motion for rehearing is
				  filed, a decision of the board is final and appealable on the date of rendition
				  of an order overruling a motion for rehearing, or on the date the motion is
				  overruled by operation of law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.26 - The Record

Current through Reg. 49, No. 28; July 12, 2024
(a) The record in a
				contested case shall include:
(1) all
				applications, answers, and other pleadings, and intermediate rulings;
(2) evidence received or
				considered;
(3) a statement of
				matters officially noticed;
(4)
				questions and offers of proof, objections, and rulings on them;
(5) proposed findings and exceptions thereto;
(6) any proposal for decision, as
				amended, exceptions to the proposal for decision and replies to the exceptions;
(7) all non-privileged briefing
				submitted to the board following the submission of the proposal for decision to
				the board;
(8) the board's final
				determination; and
(9) any motion
				for rehearing, replies to the motion for rehearing and action by the system, if
				any.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 121 - PRACTICE AND PROCEDURE REGARDING CLAIMS › Section 121.27 - Reaffirmation of Occupational Disability Benefit

Current through Reg. 49, No. 28; July 12, 2024
(a) Under §854.409 of the Act, the
				system may determine when to require an occupational disability retiree under
				§854.407 of the Act (a "disability retiree") younger than 60 years of age
				to undergo a medical examination and provide current medical and other relevant
				information reaffirming the status of the disability retiree as meeting the
				requirements for certification of occupational disability under
				§854.407(b) of the Act.
(b)
				The medical board or system may designate a physician, or type of specialized
				physician, required to perform the examination.
(c) Other relevant information that may be
				requested by the system from the disability retiree may include, but is not
				limited to, financial and employment information.
(d) Death of Disability Retiree Under
				Suspension.
(1) In the event that a
				disability retiree whose occupational disability annuity has been suspended
				pursuant to §854.409 of the Act, dies without having submitted to a
				medical examination and provided the requested information:
(A) if the disability retiree dies before the
				fourth anniversary of the date the system requested the medical examination or
				information, then the system shall unsuspend the annuity and pay the suspended
				payments of the occupational disability annuity in a lump sum to the disability
				retiree's beneficiary(ies); but
(B) if the disability retiree dies after the
				fourth anniversary of the date the system requested the medical examination or
				information, then the system shall unsuspend the annuity, but the suspended
				annuity payments shall be forfeited and shall not be paid to the disability
				retiree's beneficiary(ies).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Compensation.
(1) Section 851.001(6) of the Act provides
				the definition of compensation for purposes of the Act. For avoidance of doubt,
				the definition of compensation includes, but is not limited to, the following
				additional types of compensation in this paragraph and compensation described
				in paragraph (2) of this subsection subject to the limitations therein, and
				excludes compensation described in paragraph (3) of this subsection:
(A) base pay and additional compensation paid
				for additional duties, longevity, overtime or special duties;
(B) vacation and sick leave pay;
(C) monetary and nonmonetary compensation
				(the value of which is determined by the participating municipality) taxable as
				income, including but not limited to, car or uniform allowances and imputed
				income from fringe benefits;
(D)
				severance payments; and
(E)
				workers' compensation paid as temporary wage replacement and reported or
				verified to the municipality.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.2 - Bona Fide Termination of Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Act provides that retirement benefits
				commence upon retirement, and §851.001(11) of the Act provides that
				retirement requires a "withdrawal from service". The Internal Revenue Code and
				regulations thereunder require that the terms of the plan be followed and
				define termination of employment for the similar rule that under a pension
				plan, such as TMRS, benefits cannot commence prior to the earlier of
				termination of employment or normal retirement age (if the plan allows
				in-service distributions prior to normal retirement age, which the Act does
				not). In order to satisfy applicable requirements of the Act and the Internal
				Revenue Code and guidance thereunder, for purposes of allowing a distribution
				of benefits to a member, a member must have a bona fide termination of
				employment with all applicable participating municipalities. A distribution of
				benefits to a member before there has been such a bona fide termination of
				employment would be an in-service distribution and an operational error which
				could lead to a plan disqualification under the Internal Revenue Code and could
				result in the assessment of taxes, back taxes, interest and penalties against
				the participating municipality or municipalities and its participants unless
				corrected.
(b) Whether a
				termination of employment is a bona fide termination is dependent on the facts
				and circumstances surrounding the termination.
(c) With respect to employees of a
				participating municipality, a termination is not a bona fide termination of
				employment if there has not been a complete termination and severance of the
				employer-employee relationship. Failure to strictly follow the employer's
				termination policies, practices, processes and procedures regularly followed by
				the employer indicates that the termination was not bona fide.
(d) Notwithstanding strict adherence to the
				participating municipality's regular employment termination polices, practices,
				processes and procedures or any other facts and circumstances, a termination is
				not a bona fide termination of employment if at the time of termination there
				is an expectation, understanding, agreement, or pre-arrangement, whether
				written or oral, express or implied, between the municipality and employee, or
				an agent of either, that the termination is or will be temporary or that the
				person will be rehired in the future, whether such rehire is:
(1) for the same position or a different
				position;
(2) at a greater,
				lesser, or equivalent level of compensation;
(3) in the same or any other division or
				department of the employer;
(4) as
				a full-time, part-time or temporary employee; or
(5) as an independent contractor, whether
				directly or through an entity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.3 - Return to Work

Current through Reg. 49, No. 28; July 12, 2024
(a) Section
				852.108(a) of the Act is interpreted to mean that a person's reemploying
				municipality is the municipality for which the person most recently performed
				creditable service before the person's retirement with respect to a particular
				individual account of the person under the Act.
(b) When the system discontinues and suspends
				the payment of a service retirement annuity pursuant to §852.108(c) of the
				Act, the full amount of the monthly payments of the service retirement annuity
				that is allowed because of the person's retirement from the reemploying
				municipality (including any portion of the annuity that may be attributable to
				creditable service as a prior employee of a participating municipality(ies)
				other than the reemploying municipality) shall be suspended.
(c) If a person is receiving more than one
				service retirement annuity because the person has a retirement with respect to
				more than one individual account, only the retirement annuity that is allowed
				because of the person's retirement from the reemploying municipality (including
				any portion of the annuity that may be attributable to creditable service as a
				prior employee of a participating municipality(ies) other than the reemploying
				municipality) shall be suspended as a result of returning to work for that
				reemploying municipality.
(d) For
				purposes of §852.108(h)(2) of the Act, the basic annuity determined
				pursuant to §852.108(h)(2)(A) of the Act is actuarially determined from
				the sum of the member's contributions made and accumulated since the date the
				person last became a member, together with interest accumulated on that amount
				since the person last became a member and an amount from the benefit
				accumulation fund equal to the amount of the member's contributions credited to
				the member's individual account since the person last became a member together
				with interest accrued on that amount since the person last became a member.
(e) For purposes of clarification,
				§852.108(i) of the Act applies only in the event that, under
				§852.108(h) of the Act, a person selects a benefit payable as an annuity
				pursuant to §852.108(h)(2) of the Act and does not apply in the event that
				the person selects a refund of accumulated contributions pursuant to
				§852.108(h)(1) of the Act.
(f) For purposes of §852.108(j)(2) of
				the Act, at least eight consecutive years must have passed since the person's
				most recent effective retirement date from the reemploying municipality before
				the person resumes employment with the reemploying municipality.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.4 - Month of Credited Service and Year of Credited Service Defined

Current through Reg. 49, No. 28; July 12, 2024
(a) A month of credited service is any
				calendar month in which a member makes a required contribution, as reported to
				the system by the participating municipality.
(b) A year of credited service is comprised
				of any 12 months of credited service, whether or not the months are
				consecutive.
(c) No service credit
				will be given to a participant for a contribution received by the system after
				termination of membership in accordance with §852.104 of the Act, unless
				such person is reemployed for a participating municipality pursuant to
				§§852.108 and 852.109 of the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.5 - Restricted Prior Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				granting of restricted prior service credit under §853.305 of the Act in
				combination with other credited service earned by a member may result in the
				member becoming a vested member, as defined by the Act.
(b) If, to establish that a member who is
				seeking to establish restricted prior service credit qualifies for the
				restricted prior service credit based on service within the Department of
				Defense, the system receives a United States Department of Defense Certificate
				of Release or Discharge from Active Duty (Form DD 214 or any subsequent version
				of such form) that reflects active duty or prior active duty service by the
				member, the system may grant restricted prior service credit based on the
				service reflected in the Department of Defense certificate without receiving a
				detailed statement of the prior service that is verified on a system form by an
				official custodian of personnel records of the Department of Defense. A member
				seeking to establish restricted prior service credit in accordance with this
				subsection must satisfy all other requirements under §853.305 of the Act.
(c) If records in the custody of
				the system verify that a member who is seeking to establish restricted prior
				service credit qualifies for the restricted prior service credit based on
				service credit previously canceled because of the member's withdrawal of
				contributions from TMRS, the system will be deemed to have complied with the
				verification requirements of §853.305(c) of the Act and the system may
				grant the restricted prior service credit upon satisfaction of the other
				applicable requirements. A member seeking to establish restricted prior service
				credit in accordance with this subsection must satisfy all other requirements
				under §853.305 of the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.6 - Updated Service Credit Calculations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In calculating the average updated service compensation used in the Updated
				Service Credit calculation, the highest and lowest deposits in the thirty-six
				(36) month period being used shall be disregarded, and the average updated
				service compensation shall be computed based on the remaining thirty-four (34)
				deposits.
(b) This rule is
				effective January 1, 2008.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.7 - Requirement of Spousal Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				vested member who is currently married may not designate a primary beneficiary
				other than the member's spouse or select a form of payment of a retirement or
				survivor annuity other than a joint-and-survivor annuity that pays benefits to
				the member's spouse on the death of the member, unless the member's spouse
				consents to the designation or selection.
(b) The consent of a spouse required by
				subsection (a) of this section must be in writing and acknowledged before a
				notary public.
(c) The consent
				required by subsection (a) of this section is not required if it is established
				to the satisfaction of the director, or the director's designee, that:
(1) there is no spouse;
(2) the spouse cannot be located;
(3) the spouse has been judicially declared
				incompetent in which case the consent may be given by the guardian or other ad
				litem;
(4) a duly licensed
				physician has determined that the spouse is not mentally capable of managing
				his or her own affairs, in which case the consent may be given by the member
				provided the member would not be disqualified to serve as guardian of the
				incapacitated spouse and the director, or the director's designee, is satisfied
				that a guardianship of the estate is not necessary; or
(5) the spouse and the member have been
				married for less than one year as of the date the annuity first becomes
				payable.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.8 - Effect of Divorce

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise expressly provided below, (i) if a
				  member or retiree designates a person who is his or her spouse as a beneficiary
				  and becomes divorced from that person, then the beneficiary designation
				  automatically becomes void as to that person upon divorce, and (ii) to have
				  such person become a beneficiary again, the person must be designated as a
				  beneficiary on the system's appropriate beneficiary designation form completed
				  and filed with the system after the date of divorce. In the event a retiree
				  names a person who is his or her spouse as beneficiary on an optional service
				  retirement annuity selected pursuant to §§854.104(c)(1), (2) or (5)
				  of the Act, and becomes divorced from such person after the retiree's effective
				  date of retirement, the divorce does not automatically void such beneficiary
				  designation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.9 - Post-Retirement Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				contribution that would otherwise be credited to the member's individual
				account in the system is deposited after the member's effective retirement date
				for services performed before the effective retirement date, the retirement
				annuity shall be recalculated in accordance with this section.
(b) The following deposits shall be treated
				as additional accumulated contributions for purposes of recalculating the
				retirement annuity:
(1) employee
				contributions attributable to compensation for services performed while a
				member of the system but deposited within 2 months after the effective
				retirement date of the member; and
(2) employee contributions attributable to
				compensation for services performed while a member of the system but deposited
				within 2 months after the death of a deceased member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.10 - Payments Due on Death of Retiree or Annuitant

Current through Reg. 49, No. 28; July 12, 2024
Any and all payments due to a deceased retiree or deceased
				  annuitant that have not been made, or that have been made but are
				  non-negotiable after the retiree's or annuitant's death, including, but not
				  limited to, final annuity payments and partial lump-sum distributions, may be
				  made payable to the designated beneficiary or beneficiaries on file with the
				  system on the date of the retiree's or annuitant's death.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.11 - Supplemental Disability Benefits Not Reduced by Certain Increases in Base Benefit

Current through Reg. 49, No. 28; July 12, 2024
Where current service annuities and prior service annuities
				  being paid to employees retired for service-connected disability are increased
				  by the participating municipality pursuant to the §854.203 of the Act,
				  such increase in the current service annuity and/or prior service annuity shall
				  not operate to reduce the supplemental retirement benefit, if any, payable to
				  such member, and such supplemental benefit shall continue to be paid in the
				  same monthly amount as was being paid such member prior to such increase in the
				  basic benefit amount.