reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.6 - Calculation of Current Service Credit

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Except as otherwise provided by law or rules established by the System, the
				System shall credit a member with one month of current service for each
				calendar month for which contributions are made, reported, and certified by the
				employing subdivision for purposes of determining length-of-service
				requirements and calculating benefits.
(b) Except as otherwise provided by law or
				rules established by the System, if an elected county or precinct official who
				is a member declines compensation pursuant to §
									152.052
				of the Texas Local Government Code, the System shall credit such member with
				one month of credited service for each month worked without compensation that
				is reported and certified by the employing subdivision for purposes of
				determining length-of-service requirements, but shall not credit such member
				with service credit (monetary credit) for months worked without compensation
				for purposes of calculating benefits.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.7 - Service Credit for Certain Public Employment

Current through Reg. 49, No. 28; July 12, 2024
(a) A participating subdivision may by order
				authorize the establishment of credited service for service performed by
				employees of a governmental entity that subsequently:
(1) was merged, converted, or otherwise
				transferred into the participating subdivision; or
(2) transferred the employment of the
				employees to the participating subdivision.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.8 - Employee Termination Date

Current through Reg. 49, No. 28; July 12, 2024
A participating subdivision must submit the date of
				  termination of employment for each member who is enrolled in the retirement
				  system. The termination date should be submitted to the retirement system
				  within 15 days of the member's termination of employment, or as soon as
				  practicable.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 105 - CREDITABLE SERVICE › Section 105.9 - Notice By Participating Subdivision of Certain Felony Convictions of Elected or Appointed Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				participating subdivision must provide written notice on a form prescribed by
				the Texas County and District Retirement System (the "system") of the
				conviction of any member of the system who was elected or appointed to a public
				office of the participating subdivision and who is convicted of a qualifying
				felony committed while in office and arising directly from the official duties
				of that office.
(b) "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; or
(8) abuse of official capacity.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.1 - Confidentiality of Board Records

Current through Reg. 49, No. 28; July 12, 2024
The director is the custodian of records of the Texas County
				  and District Retirement System. The confidentiality of information about
				  members, retirees, annuitants, or beneficiaries of the system is governed by
				  the Texas Government Code, §
									845.115.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.2 - Payments by Members to Purchase Forfeited Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Government Code, §
									843.0031,
				a member who has withdrawn accumulated contributions from the system and is a
				contributing member with another participating subdivision or again becomes a
				contributing member with any participating subdivision may at any time before
				retirement pay to the system for deposit to the member's individual account a
				lump-sum in any amount that does not exceed the actuarial present value of the
				additional benefits that would have been attributable to the withdrawn
				contributions.
(b) An amount paid
				under subsection (a) of this section will be deposited to the member's
				individual account as accumulated contributions and credited with interest as
				allowed by Government Code, Title 8, Subtitle F.
(c) The amount paid under subsection (a) of
				this section together with all accumulated interest attributable to that amount
				is not subject to employer matching and will be excluded from the determination
				of the member's current service credit and multiple matching credits.
(d) For purposes of determining the interest
				to be credited to the amount paid under subsection (a) of this section, a
				payment that is received by the system on or before December 15, will be
				included in the member's account as accumulated contributions on the following
				January 1. A payment received after December 15 will not be included as
				accumulated contributions in the determination of the interest to be credited
				to the member's individual account until January 1 of the next following
				year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.3 - Direct Rollovers and Trustee-to-Trustee Transfers

Current through Reg. 49, No. 28; July 12, 2024
(a) The retirement system may establish
				procedures for the acceptance of an eligible rollover distribution, including a
				direct trustee-to-trustee transfer, from an eligible retirement plan for the
				payment of any portion of the deposit a member is permitted to make for the
				purchase of types of credit in the retirement system, except that the system
				may not accept the distribution, if the system is to separately account for the
				amounts.
(b) Effective January 1,
				1993, a distributee may elect, at the time and in the manner prescribed by the
				system, to have any portion of an eligible rollover distribution paid directly
				to an eligible retirement plan specified by the distributee in a direct
				rollover.
(c) Definitions:
(1) Eligible Rollover Distribution--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:
(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 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.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.5 - Termination of Membership on Withdrawal; Cancellation of Withdrawal Application

Current through Reg. 49, No. 28; July 12, 2024
(a) If a member
				files an application to withdraw all accumulated contributions credited to a
				member's individual accounts in the employees saving fund pursuant to §
									842.108(b),
				Government Code, the date shown on the first check the system sends or causes
				to be sent as payment of any portion of the member's accumulated contributions
				is the date on which the person's membership in the system terminates under
				§842.109 of that code as a result of that payment.
(b) If a person files an application for
				withdrawal of accumulated contributions, the accounts that are the subject of
				the application will be closed as of the date shown on the first check which
				the system sends or causes to be sent as payment of any portion of the
				accumulated contributions.
(c) An
				application for withdrawal of accumulated contributions may be cancelled and
				the accounts that were the subject of the application reinstated retroactive to
				the date of closure provided no check issued by or on behalf of the system with
				respect to the application has been cashed or deposited and all such checks are
				returned to the system within 60 days of the date shown on the first check sent
				as payment of any portion of the accumulated contributions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.7 - Extension of Due Date

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise provided by statute, the due date for
				  submitting the monthly report, or any portion of the monthly report consisting
				  of all or any part of the required information or all or any portion of the
				  required contributions, may be extended for any particular month by order of
				  the director, upon written request duly filed with the director by the
				  governing board or correspondent of the subdivision prior to the due date of
				  the report, showing that there is good cause for such extension and that the
				  need is not caused by neglect, indifference, or lack of
				  diligence.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.8 - Electronic Transfer of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				section:
(1) The term "ACH" (Automated
				Clearing House) means the legal framework of rules and operational procedures
				adopted by financial institutions for the electronic transfer of
				funds.
(2) The term "ACH Credit"
				means an ACH transaction initiated by a subdivision for the electronic transfer
				of funds from the account of a subdivision to the account of the retirement
				system.
(3) The term "ACH Debit"
				means an ACH transaction initiated by the retirement system for the electronic
				transfer of funds from the account of a subdivision to the account of the
				retirement system.
(4) The term
				"electronic transfer of funds" means the transfer of funds, other than by
				check, draft or similar paper instrument, that is initiated electronically to
				order, instruct, or authorize a financial institution to debit or to credit an
				account.
(5) The term
				"pre-authorized direct debit" means the method available to a subdivision for
				electronically paying required contributions by granting a continuing
				authorization to the retirement system to initiate an ACH Debit each month for
				the electronic transfer of funds from the designated bank account of the
				subdivision to the account of the retirement system in an amount equal to the
				contributions required to be paid based on the monthly report as
				filed.
(6) The term "wire transfer"
				generally means a single transaction, initiated by a subdivision, in which
				funds are electronically transferred to the account of the retirement system
				using the Federal Reserve Banking System rather than the ACH.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.9 - Electronic Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				section:
(1) The term "document" means any
				form, statement, affidavit, application or report (and related attachments)
				required to be completed by or on behalf of a principal and filed with the
				system.
(2) The term
				"electronically filed" means the filing of data transmitted to the retirement
				system by the communication of information by facsimile or in the form of
				digital electronic signals transformed by computer and stored in any
				medium.
(3) The term "principal"
				means the member, beneficiary, annuitant, or subdivision on whose behalf the
				document is electronically filed.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.10 - Treatment of Ineligible Benefit Payments

Current through Reg. 49, No. 28; July 12, 2024
(a)
				In this section the term "ineligible benefit payment" means that portion of a
				payment or distribution, other than a Group Term Life benefit payment, made by
				the retirement system to, or on behalf of, a living or deceased person who was
				not legally entitled to the payment at the time it was made. An ineligible
				benefit payment is a receivable of the system.
(b) In this section the term "recipient"
				means the person or persons who, directly or indirectly, received an ineligible
				benefit payment.
(c) If a repayment
				of an ineligible benefit payment is not received by the retirement system, the
				system may offset the amount of the ineligible benefit payment against future
				benefit payments otherwise due the recipient.
(d) If the board determines that an
				ineligible benefit payment is not recoverable, the receivable shall be charged
				against the general reserves account of the endowment fund provided the
				ineligible benefit payment was not the result of an error or omission of a
				participating subdivision.
(e) If
				the board determines that the ineligible benefit payment was the result of an
				error or omission of a participating subdivision and determines that the
				payment is not recoverable, the receivable shall be charged against the
				subdivision's account in the subdivision accumulation fund.
(f) In making its determination, the board
				may consider the amount of the ineligible benefit payment, the likelihood of
				repayment, the costs of recovery, and any other fact or circumstance which the
				board considers to be relevant in finding that further efforts for the recovery
				of the payment are not in the best interests of the retirement system, its
				members and annuitants.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.12 - Payments Due or Suspended on Death of Annuitant

Current through Reg. 49, No. 28; July 12, 2024
(a) Payments of an annuity that are due a
				deceased annuitant and have not been made, or have been made but are not
				negotiable after the annuitant's death are payable to the valid surviving
				beneficiary of the annuitant on file with the retirement system on the date of
				the annuitant's death. If there is no surviving beneficiary, the payments are
				payable to the annuitant's spouse. If there is no surviving spouse, the
				payments are payable to the executor or administrator of the annuitant's
				estate.
(b) If the total value of
				the payments described above is not more than $5,000, and there is no surviving
				beneficiary or spouse (or diligent efforts by the system to discover, locate
				and correspond with a surviving beneficiary or spouse have proven fruitless);
				and no petition for the appointment of an administrator or executor is pending
				or has been granted; and a small estates affidavit has not been filed with the
				system; then upon application, the system may, but is not required to, issue
				payment (including any optional group term life benefit), in trust to a
				relative of the decedent who would have a right of inheritance assuming the
				decedent had died intestate without relatives of a closer degree.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.13 - Membership of Leased Employees

Current through Reg. 49, No. 28; July 12, 2024
(a) In this
				section, "leased employee" means a person who is not an employee of a
				participating subdivision within the meaning of Section
				841.001(8),
				Government Code, or of a controlled entity within the meaning of Section
				414(b), (c), (m), or (o) of the Internal Revenue Code of 1986 but who after
				December 31, 1996, performs services under the primary direction or control of
				a subdivision or controlled entity for a subdivision, controlled entity, or
				related persons within the meaning of Section 144(a)(3) of the Internal Revenue
				Code and under a written or oral agreement between the subdivision or
				controlled entity and a leasing organization, and the services are performed on
				a substantially full-time basis for at least one year.
(b) Notwithstanding any provision governing
				the retirement system to the contrary, a leased employee is not eligible to
				become a member of the retirement system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.14 - 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.
(c)
				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:
(1) 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;
(2) any distribution to the extent such
				distribution is required under Internal Revenue Code §401(a)(9);
(3) any distribution which is made upon
				hardship of the member; or
(4) the
				portion of any distribution that is not includible in gross income.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.15 - Resumption of Enrollment

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance
				with §
									842.008(e),
				Government Code, as in effect on December 31, 2005, and with the approval of
				the board of trustees, a subdivision that had elected under prior law to
				discontinue enrolling non-members may, before January 1, 2006, elect to resume
				the enrollment in the retirement system of new members effective January 1,
				2006.
(b) A person who is employed
				on December 31, 2005, by a subdivision that elects to resume enrollment
				pursuant to subsection (a) of this section, who is enrolled in the system under
				this section and whose membership in the system begins on January 1, 2006, will
				be credited with service performed for the subdivision prior to January 1,
				2006, provided the person performed such service as an employee described in
				§
									841.001(8),
				Government Code, as that section read on December 31, 2005. Notwithstanding the
				foregoing, a person shall not be credited under this subsection with service
				performed prior to January 1, 2006, to the extent that such service is credited
				under another provision of the Act or another rule adopted by the board. A new
				member receiving credit under this subsection for service performed prior to
				January 1, 2006, is not eligible to make employee contributions or receive
				monetary service credits with respect to such credited service.
(c) As soon as practicable after the board
				approves a subdivision's election to resume enrollment, the subdivision shall
				certify to the retirement system the service to be credited under subsection
				(b) of this section to each new member.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.16 - Exclusive Purpose

Current through Reg. 49, No. 28; July 12, 2024
The board of trustees shall hold the assets of the system in
				  trust for the exclusive purpose of providing benefits to participants and
				  paying reasonable expenses of administration. It shall be impossible at any
				  time prior to the satisfaction of all liabilities to members and beneficiaries
				  covered by the trust, by operation of the system, by termination, by power of
				  revocation or amendment, by the happening of any contingency, by collateral
				  arrangement or by other means, for any part of the corpus or income of the
				  trust, or any funds contributed thereto, to inure to the benefit of any
				  employer or otherwise be used for or diverted to purposes other than providing
				  benefits to members and beneficiaries and defraying reasonable expenses of
				  administering the system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.17 - Annual Allocation of Net Investment Income or Loss

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the allocations prescribed in Government
				  Code §
									845.315(a),
				  and pursuant to §845.315(a)(5), as of December 31 of each year, the board
				  of trustees shall allocate to the accounts of subdivisions positive or negative
				  amounts as determined by the board of trustees, to the January 1 balances of
				  that year. The allocation rule prescribed by this section shall not apply to
				  the subdivisions described in Government Code §
									845.315(a)(6)
				  and (b).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 107 - MISCELLANEOUS RULES › Section 107.18 - Special Prior Service Contribution Rates

Current through Reg. 49, No. 28; July 12, 2024
(a)
									§
									844.703
				of the Texas Government Code provides that the board may establish criteria for
				the circumstances under which a subdivision's prior service contribution rate
				must be based on an amortization period shorter than the standard amortization
				period approved by the board.
(b)
				If the system determines that the following conditions apply to a newly
				participating subdivision, then, if approved by the director and recommended by
				the System's actuary, the prior service contribution rate must be based on an
				amortization period of five years. The conditions are:
(1) The subdivision has five or fewer
				employees; and
(2) All the
				employees will be eligible to retire within five years of the subdivision's
				participation date.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The Texas County and District Retirement
				System (the system) receives a substantial number and variety of domestic
				relations orders (as that term is defined in §109.2 of the 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 sections 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 governing the system, 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 governing the
				system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.2 - 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) Accumulated
				contributions--The contributions, other member deposits, and interest credited
				to a member's individual account in the employees saving fund. Accumulated
				contributions do not include employer matching or any employer-provided
				credits.
(2) Act--Texas Government
				Code, Title 8, Subtitle F, as amended.
(3) Actuarial present value--The value of a
				benefit that, as computed by the system in its sole discretion, is consistent
				with §841.001(1) of the Act.
(4) 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. The
				alternate payee's information is subject to the confidentiality provisions in
				§845.115 of the Act.
(5)
				Benefits--Any of the payments or benefits described in §
									109.12
				of this title.
(6) Domestic
				relations liaison--A person (who may or may not be an employee of the system)
				who is designated by the director of the system to receive and take action
				concerning domestic relations orders that are sent or delivered to the
				system.
(7) Domestic relations
				order--Any judgment, decree, or order (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 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.3 - Notice Regarding Receipt of Order

Current through Reg. 49, No. 28; July 12, 2024
Upon receiving a domestic relations order, 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 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), to such attorney or to 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; 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 to 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 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.4 - 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. To constitute an order a qualified
				domestic relations order under this chapter, an 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 this section and §
									109.5
				of this title (relating to Contents of Domestic Relations Order). In making
				that determination, the order itself, and any clarification order entered by a
				court of competent jurisdiction, and any affidavits or agreements between the
				parties that are filed with the system may be taken into account.
(b) A qualified domestic relations order
				shall be signed by the participant and the alternate payee or, in the
				alternative, the order submitted to the system shall include proof that the
				participant and the alternate payee received a copy of the order.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.5 - Contents of Domestic Relations Order

Current through Reg. 49, No. 28; July 12, 2024
(a)
				A domestic relations order should clearly specify:
(1) the full name and address of the
				participant and each alternate payee covered by the order, and attached to the
				order must be a Statement of Confidential Information which includes their
				respective social security numbers, dates of birth, and other contact
				information;
(2) the alternate
				payee's interest in the plan which, in the case of an active participant, must
				be stated as a percent of participant's accumulated contributions that accrued
				during the marriage, and which includes future interest earned on the portion
				of accumulated contributions awarded to alternate payee. A domestic relations
				order that is entered after the participant has retired under a service or
				disability retirement must clearly specify that participant's annuity is
				divided into two single life annuities as described in §
										109.6
				of this title, with one such life annuity being the alternate payee's interest
				in the plan; and
(3) whether the
				order applies only to benefits under this system or, if not, to what other
				plans the order applies, and in what manner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.7 - Approval of Order

Current through Reg. 49, No. 28; July 12, 2024
If, upon receipt of a domestic relations order, the domestic
				  relations liaison is of the opinion that it complies in all ways with the
				  requirements for a qualified domestic relations order hereunder, the domestic
				  relations liaison shall so state in the notice to be sent under §
									109.3
				  of this title (relating to Notice Regarding Receipt of
				  Order).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.12 - Payments to Alternate Payees

Current through Reg. 49, No. 28; July 12, 2024
(a) At any
				time after a qualified domestic relations order is filed and approved by the
				system, the alternate payee may withdraw in a lump sum the accumulated
				contributions attributable to the interest awarded to the alternate payee by
				the qualified domestic relations order.
(b) The alternate payee may commence a life
				annuity calculated in accordance with the terms of the plan and based on the
				interest awarded to such alternate payee at such time when the participant:
(1) is eligible to retire;
(2) commences a disability
				retirement;
(3) dies and was
				eligible for a survivor death benefit under §
										844.407 of the
				Government Code; or
(4) has
				attained the age at which the participant would have been eligible to retire,
				if the participant withdrew his or her account and was vested at the time of
				withdrawal.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 109 - DOMESTIC RELATIONS ORDERS › Section 109.13 - Form of Qualified Domestic Relations Order

Current through Reg. 49, No. 28; July 12, 2024
The retirement system has prescribed forms that are
				  pre-approved by the retirement system as meeting the requirements of this title
				  for a qualified order. The prescribed forms are available on the retirement
				  system's website, and are also available upon request. The prescribed forms
				  incorporate by reference the definitions set forth in this section and the
				  provisions set forth in §
									109.14
				  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 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 111 - TERMINATION OF PARTICIPATION: SUBDIVISIONS › Section 111.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The participation in the Texas County and District Retirement
				  System ("TCDRS") by a subdivision that is not a county may be terminated on a
				  voluntary or involuntary basis in accordance with the provisions of Chapter
				  842, Subchapter A-1, Government Code. The board of trustees of the retirement
				  system has been given rulemaking authority to establish standards, definitions,
				  and procedures it considers necessary to administer Subchapter A-1, and is to
				  take reasonable actions and exercise its discretion in a fair and equitable
				  manner on a case-by-case basis to preserve accrued benefits. Therefore, the
				  board has adopted rules and definitions of general application as set forth in
				  this chapter for the voluntary and involuntary termination of
				  subdivisions.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 111 - TERMINATION OF PARTICIPATION: SUBDIVISIONS › Section 111.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
For purposes of this chapter only:
(1) The term "accrued benefit" means the
				actuarial equivalent value of the sum of the member's accumulated contributions
				and service credits as of the determination date without regard to credited
				service.
(2) The term "actuarial
				equivalent value" is the accrued benefit for members, and the actuarial
				equivalent, as described in §
									841.001(1),
				Government Code, of the supplemental annuity as of the determination
				date.
(3) The term "determination
				date" means the date specified in the termination agreement under §
									842.052(a)(1),
				Government Code, or the date specified by the board under §
									842.053(d),
				Government Code, as applicable, for determining the actuarial equivalent values
				of all accrued benefits and supplemental annuities.
(4) The term "full performance" means the
				complete and timely performance of all terms of the termination agreement, as
				originally agreed to by the subdivision or as thereafter modified or amended in
				writing by the subdivision and TCDRS. On full performance of the termination
				agreement, the subdivision is released from all future liability for the
				accrued benefits and supplemental annuities payable with respect to the
				subdivision under the retirement system.
(5) The term "supplemental annuity" means the
				annuity described in §
									844.002(c),
				Government Code. In determining the actuarial equivalent value of a supplement
				annuity as of the determination date, the retirement system may take into
				consideration facts in existence on the determination date such as the prior
				death of a retiree or joint annuitant.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 111 - TERMINATION OF PARTICIPATION: SUBDIVISIONS › Section 111.3 - Notices-Voluntary Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) In the case of
				a voluntary termination under §
									842.052,
				Government Code, the subdivision must provide to the system at least 12 days
				advance written notice of the date, hour and place of the meeting at which the
				subject of the termination of participation in TCDRS will be considered by the
				subdivision's governing body.
(b)
				The system will provide written notice of the subdivision's consideration of
				the termination of its participation in the retirement system to each member
				and annuitant of the subdivision by first class mail to the person's most
				recent address of record with the system. The notice will be a summary of the
				process and the general effect of plan termination, and will include the date,
				hour and place of the meeting as provided by the subdivision to the system
				under subsection (a) of this section.
(c) Copies of the notice described in
				subsection (b) of this section will be provided to the subdivision for posting
				in one or more conspicuous places readily accessible to its workforce and in a
				manner where the notice is likely to be seen. In lieu of posting, the
				subdivision may have notices personally distributed to its employees.
(d) The subdivision must post or distribute
				the notice described in subsection (b) of this section no later than the time
				that the subdivision posts notice of the date, hour, place, and agenda of the
				meeting at which the subject of the termination of participation in TCDRS is to
				be considered, but in no event less than 72 hours before such
				meeting.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 5 - TEXAS COUNTY AND DISTRICT RETIREMENT SYSTEM › Chapter 111 - TERMINATION OF PARTICIPATION: SUBDIVISIONS › Section 111.4 - Notices-Involuntary Termination

Current through Reg. 49, No. 28; July 12, 2024
(a) In the case of
				an involuntary termination under §
									842.053,
				Government Code, the retirement system will provide written notice to the
				presiding officer of the subdivision's governing body, if any, or its
				successor, if any, and to each member and annuitant with respect to the
				subdivision of the consideration by the board of trustees of the retirement
				system to terminate the participation of the subdivision in the retirement
				system. The written notice shall be sent by first class mail to each person's
				most recent address of record with the system. The notice will be a summary of
				the process and the general effect of plan termination, and will state the date
				of the meeting at which the subject of the termination of the subdivision's
				participation in TCDRS will be considered by the board of trustees.
(b) The written notices described in
				subsection (a) of this section will be mailed on or before the tenth day
				preceding the date of the meeting at which the subject of the termination of
				the subdivision's TCDRS participation will be considered by the board of
				trustees.
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 113.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The Board of Trustees of the Texas County and District
				  Retirement System hereby establishes a qualified governmental excess benefit
				  program in accordance with §415(m) of the Internal Revenue Code and as
				  authorized under §
									845.504,
				  Government Code. The program entitled as the "Texas County and District
				  Retirement System Qualified Replacement Benefit Arrangement" is maintained
				  solely for the purpose of providing for the payment of that portion of the
				  annual retirement benefits that had been accrued by and would otherwise be
				  payable with respect to a member of the Texas County and District Retirement
				  System but for the limitation on the payment of benefits under §415(b) of
				  the Internal Revenue Code of 1986, as amended.
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 113.2 - 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" means the
				provisions of Texas Government Code, Title 8, Subtitle F, as amended from time
				to time, establishing the Texas County and District Retirement
				System.
(2) "Arrangement" means the
				Texas County and District Retirement System Qualified Replacement Benefit
				Arrangement, as set forth herein and as amended from time to time.
(3) "TCDRS" or "System" means the Texas
				County and District Retirement System, as established under the provisions of
				the Act.
(4) "Benefit Recipient"
				means any individual who receives a retirement benefit from TCDRS as a Retiree
				or as a surviving beneficiary of a deceased Member or Retiree. The term may
				include an alternate payee of a deceased Member or Retiree.
(5) "Benefit" means a retirement benefit
				accrued under the provisions of the Act.
(6) "Board" means the Board of Trustees of
				TCDRS.
(7) "Code" means the
				Internal Revenue Code of 1986, as amended (and corresponding provisions of any
				subsequent federal tax laws) and the regulations thereunder.
(8) "Effective Date" means January 1, 2006,
				the effective date of the Arrangement.
(9) "Eligible Member" means a Retiree or a
				deceased Member or Retiree with respect to an Employer, from and after the date
				the Employer adopts the Arrangement.
(10) "Employer" means an Employer whose
				employees are Members of TCDRS with respect to retirement benefits paid by
				TCDRS under the provisions of the Act; provided that the Employer signs an
				adoption agreement in the form specified by the Board to adopt the
				Arrangement.
(11) "Restricted
				Benefit" means the maximum Benefit permitted to be paid to a Benefit Recipient
				under the Retirement Plan of the Employer, as limited by Code §415, in
				accordance with §844.008 of the Act.
(12) "Member" means any individual who
				accrues or has accrued a Benefit under the Act.
(13) "Participant" means any Benefit
				Recipient with respect to an Employer who is eligible to participate in the
				Arrangement in accordance with §
									113.3 of
				this chapter.
(14) "Retirement
				Plan" means the defined benefit plan established under TCDRS for employees of
				the Employer, and their beneficiaries, in accordance with the Act, and
				qualified under Code §401(a).
(15) "Retiree" means a Member who receives a
				Benefit under the Act with respect to an Employer.
(16) "Unrestricted Benefit" means the benefit
				that would be payable to a Benefit Recipient under the Retirement Plan of the
				Employer if the limits of Code §415 were not applicable in accordance with
				§844.008 of the Act.
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 113.3 - Eligibility and Payments

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligibility to
				Receive Payments. If, at the time an Eligible Member becomes a Retiree or dies
				or at any time thereafter, the Unrestricted Benefit of the Benefit Recipient
				under the Retirement Plan of the Employer exceeds the Restricted Benefit
				payable to the Benefit Recipient at that time, the Benefit Recipient shall
				become a Participant and shall be entitled to receive payments under this
				Arrangement, in accordance with the terms hereof, and may not waive or defer
				the receipt of such payments. A Benefit Recipient shall in no event become a
				Participant until the later of:
(1) January
				1, 2006, the Effective Date of the Arrangement, or
(2) the effective date of the applicable
				Employer's adoption of the Arrangement.
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 113.4 - Administration

Current through Reg. 49, No. 28; July 12, 2024
(a) Administrator. TCDRS shall be the
				Administrator of the Arrangement and shall be responsible for the supervision
				and control of the operation and administration of the Arrangement, except as
				otherwise provided herein. Subject to the authority of the Board, TCDRS shall
				have the exclusive right and full discretion to construe and interpret the
				Arrangement, to establish rules and procedures for its operation and
				administration, and to decide any and all questions of fact, actuarial
				valuation, interpretation, definition or administration arising under or in
				connection with the administration of the Arrangement. The interpretation and
				construction of any provisions of the Arrangement by the Administrator and its
				exercise of any discretion granted under the Arrangement shall be binding and
				conclusive on all persons who at any time have or claim to have any interest
				whatever under this Arrangement.
(b) Contributions and Payments.
(1) As soon as administratively feasible and
				before the receipt of Employer contributions, TCDRS shall calculate the portion
				of the Employer's contributions necessary to make the payments due to
				Participants of that Employer for the next payment period and for any
				applicable expenses under this Arrangement. Before depositing its contributions
				with TCDRS, the Employer shall deduct the calculated amounts and make payments
				directly to its Participants; and directly to TCDRS for any applicable expenses
				under the Arrangement. Notwithstanding the foregoing, if TCDRS determines, in
				its sole discretion, that the allocation of contributions to the Arrangement
				would jeopardize the actuarial soundness of the Retirement Plan of the
				Employer, TCDRS shall terminate the Arrangement and shall notify the
				participating Employer and Participants.
(2) Amounts deducted for payments and
				expenses under the Arrangement shall be separately accounted for and shall be
				used exclusively for payments and expenses under the Arrangement.
(3) The Employer from whom the Eligible
				Member retired or died while a Member with respect to such Employer shall be
				solely responsible for paying any amounts due to the Participant under the
				terms of the Arrangement. TCDRS shall have no obligation to pay any amounts due
				under the terms of the Arrangement.
(4) The Employer shall be responsible for
				satisfying all tax withholding, payroll tax payments, other applicable tax
				payments and reporting requirements applicable to the Arrangement, if any, and
				shall be responsible for administering all payments due under the
				Arrangement.