reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.12 - Affidavits of Heirship for Determination of Payments Due Heirs

Current through Reg. 49, No. 28; July 12, 2024
(a) Refund or Escheated Account Payable to an
				Estate. For purposes of making payments in accordance with §§854.501,
				and 855.603 of the Act, or required minimum distributions required by
				§401(a)(9) of the Internal Revenue Code and the regulations adopted under
				that provision, the system may, if no designated beneficiary survived the
				decedent and no small estate affidavit has been filed with the clerk of the
				court having jurisdiction and venue as provided by Chapter 205 of the Estates
				Code, accept instead an affidavit meeting the requirements of this section,
				sworn to by two disinterested witnesses, by the heirs who have legal capacity,
				and, if the facts warrant, by the natural guardian or next of kin of any minor
				or incompetent who is also an heir.
(b) Deceased Retiree's or Annuitant's Estate.
				If no designated beneficiary survived the retiree or annuitant and no small
				estate affidavit has been filed with the clerk of the court having jurisdiction
				and venue as provided by Chapter 205 of the Estates Code, the system may accept
				an affidavit meeting the requirements of this section, sworn to by two
				disinterested witnesses, by the heirs who have legal capacity, and, if the
				facts warrant, by the natural guardian or next of kin of any minor or
				incompetent who is also an heir, for purposes of making any payment due to a
				retiree's or annuitant's estate.
(c) Any affidavit, other than a small estate
				affidavit, shall include the names and addresses of the heirs and witnesses and
				establish these facts:
(1) whether or not a
				surviving spouse of the deceased member exists;
(2) no petition for the appointment of a
				personal representative of the deceased member is pending or has been granted;
(3) 30 days have elapsed since the
				death of the deceased member; and
(4) the value of the entire assets of the
				deceased member's estate, excluding homestead and exempt property, does not
				exceed $50,000.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.13 - Beneficiary Causing Death of Member or Annuitant

Current through Reg. 49, No. 28; July 12, 2024
(a) When the death of a member or annuitant
				of the system appears not to be the result of natural causes, the system may
				delay payments in accordance with §854.504 of the Act. An amended death
				certificate, or documentation from a law enforcement entity or prosecutor's
				office that is investigating the member's or annuitant's death stating that the
				beneficiary is not a suspect or a person of interest in the death of the member
				or annuitant, shall be sufficient for the system to release benefits to the
				beneficiary.
(1) Should the system receive
				notice or other information that a beneficiary has become a suspect or person
				of interest after an annuity has begun to be administered, then the system may
				immediately suspend payments of said annuity at that time.
(2) The system may commence or resume annuity
				payments, including payment of any previously suspended payments, to the
				appropriate person once the beneficiary is determined to not have caused the
				death of the member or annuitant or the system receives:
(A) a notice of conviction;
(B) an amended death certificate; or
(C) documentation from a law
				enforcement entity or prosecutor's office that is investigating the member's or
				annuitant's death stating that the beneficiary is not a suspect or a person of
				interest in the death of the member or annuitant.
(3) No interest will be paid on any of the
				delayed or suspended annuity payments under this section or the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.14 - Certain Convicted Elected Officials Ineligible for Retirement Annuity

Current through Reg. 49, No. 28; July 12, 2024
(a) This section is being adopted pursuant to
				Government Code §
									810.003 and applies
				only to a person who is otherwise eligible for membership in the system because
				the person was elected or appointed to an elected office. In the event that a
				member or retiree has more than one membership account in the system through
				employment with more than one participating municipality in the system, this
				section applies only to the individual account or annuity that is associated
				with services for the participating municipality where the member or retiree
				was holding elected office when convicted of a qualifying felony while in that
				elected office.
(b) Except as
				expressly provided otherwise, this section shall not apply to system benefits
				other than service retirement annuity benefits to the extent such other
				benefits are available to a member or retiree, including but not limited to:
				occupational disability benefits, or supplemental death benefits payable to the
				beneficiary(ies) or heir(s) of a member or retiree.
(c) In this section, "qualifying felony"
				means any felony that is committed on or after June 6, 2017, involving one or
				more of the following:
(1) bribery;
(2) embezzlement, extortion, or
				other theft of public money;
(3)
				perjury;
(4) coercion of public
				servant or voter;
(5) tampering
				with governmental record;
(6)
				misuse of official information;
(7) conspiracy or the attempt to commit any
				of the offenses described in paragraphs (1) - (6) of this subsection;
(8) abuse of official capacity; or
(9) as otherwise defined in
				Government Code, §
										810.003(a)(2).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.15 - Calculation of Member Supplemental Death Benefits

Current through Reg. 49, No. 28; July 12, 2024
To calculate a member's supplemental death benefit pursuant
				  to §854.603 of the Act where the system's records show no contributions in
				  any of the 12 months immediately preceding the month of death of the member,
				  the system will require verification from the municipality of the rate of
				  compensation payable to the member during the month of death and may require
				  verification from the municipality of periods of employment of the member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.16 - Retiree Supplemental Death Benefit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Subject to subsection (b) of this section, if a retiree has more than one
				retirement account through TMRS after retiring from more than one participating
				municipality, and the participating municipality for each retirement account
				participates in the post-retirement supplemental death benefits under
				§854.604 of the Act, only one supplemental death benefit will be payable
				upon the death of such person. If a retiree has more than one retirement
				account through TMRS after retiring from more than one participating
				municipality, and the most recent retirement account was based on retirement
				from a municipality that does not provide a post-retirement supplemental death
				benefit for retirees, the retiree's beneficiary shall receive a post-retirement
				supplemental death benefit based on an earlier (and most recent) retirement
				account based on retirement from a municipality that does provide such a
				benefit, but the retiree's beneficiary shall not receive more than one
				supplemental death benefit.
(b) If
				a participant, at the time of his or her death, is both (i) a retiree from a
				participating municipality that is then providing post-retirement supplemental
				death benefits and (ii) an employee of a participating municipality who is
				included within the coverage or extended coverage of such municipality's
				supplemental death program, only one supplemental death benefit will be payable
				upon the death of such person and such benefit will be the greater of the two
				amounts as calculated under §854.603 and 854.604 of the Act.
(c) For purposes of §854.605(a)(2) of
				the Act, unless a member has directed otherwise on a TMRS prescribed form filed
				with the system, if a supplemental death benefit is payable upon the death of a
				retiree but the retiree's annuity has no further remaining payments after the
				death of the retiree, then such supplemental death benefit is payable to the
				beneficiary designation made for purposes of the retiree's retirement annuity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.17 - Actuarial Tables

Current through Reg. 49, No. 28; July 12, 2024
(a) For the period
				from the January 22, 2001 original initial effective date of this section
				through December 31, 2014, service retirement benefits shall be calculated on
				the basis of the UP-1984 table with an age set back of two years for retired
				members and an age set back of eight years for beneficiaries of retired
				members.
(b) For the period from
				the January 22, 2001 original initial effective date of this section through
				December 31, 2014, disability retirement benefits on disability retirements
				shall be calculated on the basis of the UP-1984 table with an age set back of
				two years for disabled annuitants and an age set back of eight years for
				beneficiaries of disabled annuitants.
(c) Effective beginning January 1, 2015,
				service retirement benefits for retired members, and disability retirement
				benefits on disability retirements for disabled annuitants, shall be calculated
				on the basis of a 70%/30% male/female blend of the RP-2000 Blue Collar Table
				with 107.5% load, and with a fully generational Scale BB projection. Effective
				beginning January 1, 2015, service retirement benefits for beneficiaries of
				retired members, and disability retirement benefits on disability retirements
				for beneficiaries of disabled annuitants, shall be calculated on the basis of a
				30%/70% male/female blend of the RP-2000 Blue Collar Table with 107.5% load,
				and with a fully generational Scale BB projection.
(d) After consultation with the retirement
				system's actuary, the Board may elect by Board resolution to phase in over a
				reasonable period of time the impact on annuity purchase rates that may result
				from any changes in mortality tables, other actuarial tables, or actuarial
				equivalents adopted by the Board from time to time.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS › Section 123.18 - Authority to Make Actuarial Changes

Current through Reg. 49, No. 28; July 12, 2024
After considering the results of the actuarial experience
				  study performed by the retirement system's actuary or at such other times as
				  necessary, the Board of trustees may adopt changes to the actuarial cost
				  method, actuarial assumptions and mortality tables by Board resolution or other
				  Board action. The Board resolution or action shall specify the first actuarial
				  valuation and plan year affected by the changes.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.1 - Optional Vesting Must Include All Departments

Current through Reg. 49, No. 28; July 12, 2024
A participating municipality which adopts an optional
				  vesting provision must include all participating departments. A composite
				  participation date is optional but recommended.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.2 - Composite Participating Date Requires Council Action

Current through Reg. 49, No. 28; July 12, 2024
Adoption of a single composite participating date for a city
				  with two or more participating dates must be at the election of and by council
				  action.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.3 - Effect of Adopting Composite Participating Due

Current through Reg. 49, No. 28; July 12, 2024
A city which elects to adopt a composite participating date
				  will be treated as if a single department for determining amortization periods
				  and normal and prior service contribution rates; but accumulated prior service
				  credits will be based on actual participating dates and periods of current
				  service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.4 - When Composite Participating Date Must Be Adopted

Current through Reg. 49, No. 28; July 12, 2024
A composite participating date must be elected by a city if
				  contributions from one department are to be used to support the obligations of
				  another department.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.5 - Limitations on Buy Back Ordinances

Current through Reg. 49, No. 28; July 12, 2024
Ordinances of participating municipalities agreeing to
				  underwrite and assume the obligations rising out of the granting of creditable
				  service under §853.003 of the Act, to persons who had terminated a
				  previous membership, shall be limited to persons in the employment of the
				  consenting municipality at the date specified in the ordinance, which date
				  shall not be subsequent to the effective date of the ordinance.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.6 - Optional Additional Contributions to Benefit Accumulation Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective January 1, 2008, a municipality
				may make deposits in excess of its actuarially required contribution to its
				account in the benefit accumulation fund. The deposit may be in the form of a
				lump sum payment or periodic payments. All funds deposited in a municipality's
				account in the benefit accumulation fund are held in trust by the retirement
				system and cannot be returned to the municipality.
(b) The retirement system retains the right
				to not accept a payment if, in the opinion of the director, acceptance of the
				payment would result in an unreasonable administrative or investment burden. A
				decision by the director to not accept a contribution may be appealed to the
				board of trustees.
(c) A
				contribution made in accordance with this section is not subject to the maximum
				contribution rules under §855.407 and §855.501 of the Act.
(d) The retirement system may adopt
				reasonable policies and procedures to administer this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.7 - Elected Officials

Current through Reg. 49, No. 28; July 12, 2024
If a participating municipality provides by ordinance that
				  persons who hold and are regularly engaged in the performance of duties of an
				  elective office that normally requires actual performance of services in a
				  participating department of the municipality for not less than 1,000 hours a
				  year are employees required to become members of the retirement system pursuant
				  to §852.107 of the Act, then the system may require the municipality to
				  provide information regarding the municipality's charter, budgets, departmental
				  organization and similar information regarding the department in which the
				  elective officials serve, in addition to providing certification of employee
				  contributions based on compensation in accordance with the
				  Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.8 - Collection of Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a) The powers
				and duties of the board pursuant to §855.402 may be exercised or performed
				by the director or his or her designee.
(b) Certification to the system by a
				participating municipality of the amount to be deducted from the compensation
				of each member that it employs ("Member Contributions") and of the names and
				monthly salaries of each employee of the municipality pursuant to §855.402
				of the Act shall be done at least monthly through a system payroll report
				certified, either in writing or electronically, by the municipality and
				submitted to the system. Submission of a certified payroll report in accordance
				with this subsection by a municipality shall satisfy any requirement in the Act
				for a municipality to certify the Member Contributions or to provide a
				certified list of the names and monthly and annual salaries for employees to
				the system before January 31 of each year.
(c) Member Contributions deducted and paid
				pursuant to §855.402 shall be for members who qualify as employees, as
				defined in the Act, of the participating municipality.
(d) Payment of Member Contributions pursuant
				to §855.402 of the Act and municipality contributions pursuant to
				§855.403 of the Act shall be made by a participating municipality to the
				system at least monthly by electronic funds transfer unless the municipality
				provides written notice to the system of the reasons for which electronic funds
				transfers are impractical for the municipality or more costly to the
				municipality than otherwise.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.9 - Correction of Errors

Current through Reg. 49, No. 28; July 12, 2024
(a) Service Credit
				and Contribution Errors.
(1) A participating
				municipality is responsible for the correction of an error arising from an act
				or omission of the municipality that results in a person contributing more or
				less than the correct amount to the system or receiving more or less credited
				service, prior service credit, current service credit, or benefits than the
				person is rightfully entitled to receive under the system.
(2) If the error involves member
				contributions, the participating municipality may initiate the correction
				process in a manner determined by the system.
(A) The municipality will need to provide
				identifying information for the affected member or members, the time period
				during which the error occurred, and the amount of the correction to member
				contributions submitted by the municipality. The member contributions are
				determined according to the employee deposit rate in effect at the time that
				the error occurred.
(B) The
				municipality will also need to submit its municipal contribution based on the
				sum total of the member contributions made in connection with the correction
				and the municipal contribution rate in effect at the time that the correction
				is made by the municipality.
(3) Corrections to service credits or
				benefits shall be considered as part of, and funded in the same manner as, any
				other pension liabilities of the participating municipality; however,
				corrections will not include an adjustment for any missed annual interest
				credits or an adjustment or recalculation for updated service credits unless
				otherwise authorized under the Act.
(4) The processing and authorization of all
				service credit and contribution errors will be administered in accordance with
				applicable system policies and procedures as adopted and amended from time to
				time.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.10 - Ordinances

Current through Reg. 49, No. 28; July 12, 2024
(a) Except to the extent otherwise provided
				by the Act, an ordinance adopted by a participating municipality pursuant to
				the Act takes effect on either (i) the effective date stated in the ordinance,
				if the system receives the ordinance by the fifteenth day of the month after
				the effective date; or (ii) the first day of the month after the month in which
				the system receives the ordinance, if the ordinance does not specify an
				effective date or is not received by the system by the fifteenth day of the
				month after the specified effective date. Notwithstanding the foregoing, an
				ordinance adopted under §853.003 of the Act becomes effective on the
				actual date of final adoption by the participating municipality.
(b) Pursuant to §§855.102 and
				855.201 of the Act, the board authorizes the director of the system to approve
				those ordinances requiring approval of the board, under §§853.403 and
				854.203(g) of the Act. All ordinances approved by the director shall be
				reported to the board at the next meeting.
(c) For any entity that is not a municipality
				but (i) that is granted the standing of a municipality pursuant to
				§852.005 of the Act, or (ii) that the system determines to be a department
				of a participating municipality for purposes of the Act where such entity has a
				governing board separate from the governing body of the municipality, the
				governing board of such entity may by board resolution, or by other appropriate
				documentation normally taken by the governing board to take action, take any
				action that is required or authorized by the Act or this Part 6 of Title 34,
				Administrative Code, to be made by municipal ordinance.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 125 - ACTIONS OF PARTICIPATING MUNICIPALITIES › Section 125.11 - Use of City Portal System

Current through Reg. 49, No. 28; July 12, 2024
Use of the system's electronic city portal system by a
				  municipality shall be subject to system terms and conditions posted on the web
				  site for the city portal, which terms and conditions shall include but may not
				  be limited to, provisions regarding: authorization by a municipality for use of
				  the city portal by the municipality representative accessing the portal;
				  limiting access to the portal by the municipality to only authorized employees
				  performing official duties for the municipality; keeping confidential
				  information that is submitted through the portal where the information is made
				  confidential by state or federal law; and, confirming that municipalities and
				  their representatives are not agents of the system and may not speak for the
				  system. The system may enforce the terms and conditions for use of the city
				  portal system by law, by seeking equitable relief such as an injunction, or by
				  denying or revoking access to the city portal system by a
				  municipality.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.1 - Procedures for Release of Board Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				director is the custodian of records of the Texas Municipal Retirement System
				and may delegate responsibilities as custodian to one or more employees of the
				system. The custodian shall coordinate release of system records for purposes
				allowed by law, including but not limited to Government Code Chapter 552 and
				§855.115, or as allowed by court or administrative rules. The custodian
				will certify to the authenticity of copies of system records.
(b) Information regarding release of these
				records will be prominently posted and will contain basic information regarding
				the rights of the requester, the responsibilities of a governmental body and
				the procedures for inspecting or obtaining copies of public
				information.
(c) Each request for
				information must be made in writing. The system may specify an email address to
				which requests under Chapter
				552, Government Code,
				must be submitted.
(d) Charges for
				providing copies of public information shall be the same as those provided by
				the Office of the Attorney General in the Texas Administrative Code, Title 1,
				Part 3, §70.3.
(e) Any member
				of the legislature shall not be charged for one copy of a record while
				performing his/her duties. Additionally, if it is determined by the director
				that providing certain records benefits the general public, fees will not be
				required for these records.
(f) All
				funds collected from releasing copies of records shall be credited to the
				expense fund under the administration of the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.4 - Credited Service under the Uniformed Services Employment and Reemployment Rights Act

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) Eligible Member--An employee of a
				participating municipality who is or would be considered to be employed in a
				position eligible for membership but who leaves employment with that
				municipality to perform service in the uniformed services; whose employer was
				notified of the obligation or intention of the employee to perform service in
				the uniformed services; who is released or discharged from such service on or
				after December 12, 1994, under honorable conditions; whose cumulative period of
				service in the uniformed services with respect to that participating
				municipality does not exceed five years not including periods excluded under
				38 USC §
											4312(c); who applies for
				reemployment with that participating municipality within 90 days of release or
				discharge from the uniformed services, or after recovery from an illness or
				injury incurred in, or aggravated during, the performance of service in the
				uniformed services (but such recovery period does not exceed two years); and
				who is reemployed by the participating municipality.
(2) Uniformed Services--The Armed Forces of
				the United States of America; the Army National Guard and the Air National
				Guard when engaged in active duty for training, inactive duty training, or
				full-time National Guard duty; the commissioned corps of the Public Health
				Service; and any other category of persons designated by the President in time
				of war or national emergency.
(3)
				Service in the Uniformed Services--The performance of duty on a voluntary or
				involuntary basis in a uniformed service under competent authority and includes
				active duty, active duty for training, inactive duty for training, National
				Guard duty under Federal statute, and a period for which an employee is absent
				from a position of employment for the purpose of an examination of to determine
				the fitness of the employee to perform such duty.
(4) Participating Municipality--A
				municipality as defined in §851.001(9) of the Act (including entities
				having the status of a municipality under Government Code, §
										852.005 of the Act)
				that is participating in the Texas Municipal Retirement System at the time the
				eligible member leaves employment with the municipality to perform service in
				the uniformed services; or a municipality that is not participating in the
				System at the time the employee leaves employment with the municipality to
				perform service in the uniformed services but commences participating during
				the period of the employee's performance of duty in a uniformed
				service.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.5 - Prorating of Contributions Based on Compensation Limited by Internal Revenue Code Section 401(a)(17)

Current through Reg. 49, No. 28; July 12, 2024
(a) The system may
				require participating municipalities to prorate contributions for an employee
				whose compensation is subject to and exceeds the compensation limit set
				pursuant to 26 U.S.C. §
										401(a)(17) ("Compensation
				Limit") by calculating the employee's contributions based on the Compensation
				Limit prorated equally over the remaining months in the calendar
				year.
(b) If an employee for which
				a municipality is making prorated contributions pursuant to subsection (a) of
				this section separates from service with the municipality prior to the end of
				the calendar year, the municipality shall make additional contributions to the
				system based on the actual compensation paid to the employee, up to the amount
				of the Compensation Limit, prior to separation from service by the
				employee.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.6 - Acceptance of Rollovers and Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				system may accept the funds described in subsections (b) and (c) of this
				section, subject to the restrictions of this section.
(b) If permitted under and subject to the
				provisions of federal law, the system may accept an eligible rollover
				distribution from another eligible retirement plan in payment of all or a
				portion of any deposit a member is permitted under applicable law to make with
				the system for service credit.
(1) An
				"eligible rollover distribution" is any distribution of all or any portion of
				the balance to the credit of the member from an eligible retirement plan. An
				eligible rollover distribution does not include the following:
(A) any distribution that is one of a series
				of substantially equal periodic payments (not less frequently than annually)
				made for the life (or life expectancy) of the member or the joint lives (or
				joint life expectancies) of the member and the member's designated beneficiary,
				or for a specified period of ten years or more;
(B) any distribution to the extent such
				distribution is required under Internal Revenue Code §401(a)(9);
(C) any distribution which is made upon
				hardship of the member; or
(D) the
				portion of any distribution that is not includible in gross income.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.7 - Rollovers of Plan Distributions

Current through Reg. 49, No. 28; July 12, 2024
(a) A distributee
				may elect, at the time and in the manner prescribed by the Board of Trustees,
				to have any portion of an eligible rollover distribution paid directly to an
				eligible retirement plan specified by the distributee in a direct
				rollover.
(b) The terms "eligible
				rollover distribution" and "eligible retirement plan" are defined as follows:
(1) An "eligible rollover distribution" is
				any distribution of all or any portion of the balance to the credit of the
				distributee, except that an eligible rollover distribution does not include the
				following:
(A) any distribution that is one of
				a series of substantially equal periodic payments (not less frequently than
				annually) made for the life (or life expectancy) of the distributee or the
				joint lives (or joint life expectancies) of the distributee and the
				distributee's designated beneficiary, or for a specified period of ten (10)
				years or more;
(B) any distribution
				to the extent such distribution is required under §401(a)(9) of the
				Internal Revenue Code of 1986, as amended from time to time (the "Internal
				Revenue Code"); or
(C) the portion
				of any distribution that is not includible in gross income.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.8 - Plan Limitations

Current through Reg. 49, No. 28; July 12, 2024
Effective January 1, 1996, for individuals who first became
				  members of the system on or after January 1, 1996, the amount of compensation
				  used to determine the retirement benefit of a member must not exceed the amount
				  of compensation permitted to be taken into account under the plan and Internal
				  Revenue Code §401(a)(17) as then in effect and as amended, indexed in the
				  same manner and for the same periods as provided by that section. The limits
				  under Internal Revenue Code §401(a)(17) shall not apply to individuals who
				  first became members of the system before January 1, 1996.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.9 - Authorization of Certain Payments in Accordance with the Pension Protection Act of 2006

Current through Reg. 49, No. 28; July 12, 2024
(a) Effective with
				annuity payments that become due January 2008, the retirement system is
				authorized to make disbursements in accordance with Section 845 of the Pension
				Protection Act of 2006, Pub. L. 109-280 and related
				regulations.
(b) The director is
				authorized to adopt reasonable policies and procedures to implement and
				administer this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.10 - Conformity with Internal Revenue Code

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				system is a governmental plan within the meaning of §414(d) of the
				Internal Revenue Code of 1986, as amended from time to time (the "Internal
				Revenue Code").
(b) The rights of
				members to benefits accrued, to the extent funded, will become vested to the
				extent required by, and upon the events set forth in, Treasury Regulation
				§1.401-6(a)(1).
(c) The term
				"employee," as defined in §851.001(8) of the Act, shall be limited to
				common law employees of a municipality, and shall exclude leased employees
				within the meaning of Internal Revenue Code §414(n).
(d) With respect to §851.002 of the Act,
				and notwithstanding any provision of the system to the contrary, reversions
				will be permitted only to the extent allowed under the Internal Revenue Code
				and any related guidance thereunder, including, but not limited to, a
				contribution made because of a good faith mistake of fact that is returned
				within one year of the date the contribution was made as permitted under
				Revenue Ruling 91-4, or as permitted by subsequent guidance.
(e) Repayments of previously paid out
				benefits, including the reestablishment of credit under §853.003 of the
				Act, shall comply with Internal Revenue Code §415(k)(3) and any Treasury
				Regulations thereunder. For purchases of permissive service credit that are
				described in Internal Revenue Code §415(n), including any such purchases
				under Chapter 853 of the Act, the provisions of Internal Revenue Code
				§415(n) and any Treasury Regulations thereunder shall apply, including the
				provisions of Internal Revenue Code §415(n)(3)(B) that, except as provided
				in Internal Revenue Code §415(n)(3)(D):
(1) no more than five years of nonqualified
				service credit within the meaning of Internal Revenue Code §415(n)(3)(C)
				may be taken into account under Internal Revenue Code §415(n);
				and
(2) no nonqualified service
				credit within the meaning of Internal Revenue Code §415(n)(3)(C) may be
				taken into account under Internal Revenue Code §415(n) before a member has
				at least five years of participation in the system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.11 - Required Minimum Distributions

Current through Reg. 49, No. 28; July 12, 2024
(a) "Required
				beginning date" means that April 1 of the calendar year following the later of
				(i) the calendar year in which the member attains the applicable age, or (ii)
				the calendar year in which the member terminates employment with all
				participating municipalities. For purposes of this section, "applicable age"
				means the following ages, unless otherwise provided under Section 401(a)(9)(c)
				of the Internal Revenue Code, as amended from time to time:
(1) age 70 1/2 if born before July 1,
				1949;
(2) age 72 if born after June
				30, 1949 and before January 1, 1951;
(3) age 73, if born on or after January 1,
				1951.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.12 - Refund of Unrecovered Contributions

Current through Reg. 49, No. 28; July 12, 2024
A lump-sum benefit payment made pursuant to §854.502 of
				  the Act, regarding refund of unrecovered contributions, from an account of a
				  member who had service with more than one participating municipality shall be
				  calculated on a municipality-by-municipality basis for payment from the benefit
				  accumulation fund.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 127 - MISCELLANEOUS RULES › Section 127.13 - Late Contributions Sent Electronically

Current through Reg. 49, No. 28; July 12, 2024
Contributions sent electronically to the system's depository
				  shall be considered timely remitted under §855.410 of the Act if the
				  contributions are received by the system's depository by the 15th day of the
				  month.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas Municipal Retirement System
				(the system) receives a substantial number and variety of domestic relations
				orders as that term is defined in §
									129.2 of
				this title (relating to Definitions) which purport to divide the accumulated
				contributions of members of the system, and/or the retirement benefits of such
				members, as part of divorce or other domestic relations proceedings.
(b) Many of those orders contain provisions
				that would require the system to attempt to determine what effect the order is
				intended to have on accumulated contributions and/or retirement benefits upon
				the happening of certain events. The board of trustees of the system has
				therefore adopted the rules and procedures set forth in this chapter, in order
				to establish a process whereunder it can be determined if a particular domestic
				relations order clearly divides all benefits that may be payable under the Act,
				clearly advises the system as to whom benefits are to be paid and in what
				manner and does not purport to require payments to be made in a manner that
				would conflict with the Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Act--Texas Government
				Code, Title 8, Subtitle G, as amended.
(2) Alternate payee--A spouse, former spouse,
				child, or other dependent of a member or retiree who is recognized by a
				domestic relations order, as having a right to receive all or a portion of the
				benefits payable by the system with respect to such member or
				retiree.
(3) Benefits--Any of the
				payments or benefits described in §
									129.6(a) and
				(b) of this title (relating to Order Should
				Divide All Benefits).
(4) Domestic
				relations liaison--A person who is acting on behalf of the system and
				authorized by the director of the system or by way of their position in the
				system to receive and take action concerning domestic relations orders that are
				sent or delivered to the system.
(5) Domestic relations order--Any judgment,
				decree, or order signed by the presiding judge of a court of competent
				jurisdiction (including one which approves a property settlement agreement)
				which:
(A) relates to the provision of child
				support, temporary support, or marital property rights to a spouse, former
				spouse, child, or other dependent of a member or former member of the system;
				and
(B) is made pursuant to the
				Texas Family Code or any other applicable domestic relations or community
				property law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.3 - Notice Regarding Receipt of Order

Current through Reg. 49, No. 28; July 12, 2024
Upon receiving a domestic relations order, and subject to
				  §
									129.7
				  and §
									129.9
				  of this title (relating to Conditional Approval of Order and Order Appearing
				  Not To Qualify), the domestic relations liaison shall promptly send a notice to
				  those persons listed in paragraphs (1) and (2) of this section, stating that
				  the system has received the domestic relations order and that it will be acted
				  upon by the system in accordance with the procedures set forth in this chapter.
				  The persons who are to receive the notice are:
(1) the participant and/or, if the
				participant is represented by an attorney (and the system has been provided
				with the name and address of such attorney in connection with the domestic
				relations order), such attorney or such other person as may be designated in
				writing by the participant with regard to the domestic relations order;
				and
(2) all alternate payees named
				in the domestic relations order if their names and addresses are provided in
				the order; and/or, if an alternate payee is represented by an attorney (and the
				system has been provided with the name and address of such attorney in
				connection with the domestic relations order), to such attorney or such other
				person as may be designated in writing by an alternate payee with regard to the
				domestic relations order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.4 - Requirements for Qualified Domestic Relations Orders

Current through Reg. 49, No. 28; July 12, 2024
(a) A recital in a domestic relations order
				to the effect that it is a qualified domestic relations order is not sufficient
				to make it qualified under this chapter. For a domestic relations order to be a
				qualified domestic relations order under this chapter, the order must be
				determined, either by the system, or by a court of competent jurisdiction
				having actual knowledge of the provisions of this chapter, to meet the
				requirements set forth in §
									804.003,
				Texas Government Code, the Act and this chapter. In making that determination,
				the system may take into account: the order itself; any clarification order
				entered by a court of competent jurisdiction; and any affidavits or agreements
				between the parties that were qualified by the system prior to the effective
				date of this section. In this chapter, references to the requirements of this
				chapter for qualified domestic relations orders shall be construed in
				accordance with the provisions and requirements of Chapter 804, Texas
				Government Code.
(b) The system has
				prescribed forms that are pre-approved by the system as meeting the
				requirements of Texas Government Code §
									804.003
				and this chapter for a qualified domestic relations order. The prescribed forms
				are available on the system's website and upon request. The prescribed forms
				incorporate by reference the definitions set forth in this chapter and the
				provisions set forth in §
									129.14
				of this title (relating to Provisions Incorporated by Reference). The system
				may reject any domestic relations order submitted to the system that does not
				utilize the applicable prescribed form.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM › Chapter 129 - DOMESTIC RELATIONS ORDERS › Section 129.5 - Contents of Domestic Relations Order

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A domestic relations order should clearly specify:
(1) the name, taxpayer identification number,
				and last known address of the participant and of each alternate payee covered
				by the order, provided that confidential personal information may be provided
				to the system through alternate methods in accordance with §
										121.5
				of this title (relating to Forms and Applications for Benefits, or Asserting
				Other Claims);
(2) the amount or
				percentage of the participant's benefits to be paid by the system to each such
				alternate payee, or the manner in which such amount or percentage is to be
				determined;
(3) the number of
				payments or period of time to which such order applies; and
(4) whether the order applies only to
				benefits under this system or, if not, to what other plans the order applies,
				and in what manner.