reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.16 - Effective Date of TRS Review of Orders

Current through Reg. 49, No. 28; July 12, 2024
TRS will review orders received on or after September 1,
				  1989, to determine whether they are qualified domestic relations orders. Any
				  orders received before September 1, 1989, will be reviewed only upon
				  application for a distribution of benefits through withdrawal, retirement, or
				  death of the member, unless there is good cause for earlier review. For orders
				  received prior to September 1, 1989, for retirees who are already receiving
				  retirement benefits, or for beneficiaries who are receiving annuity payments,
				  TRS will not review the order for possible direct payment to an alternative
				  payee in the future unless the retiree, beneficiary, or any alternate payee
				  submits a request for review after September 1, 1989.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 47 - QUALIFIED DOMESTIC RELATIONS ORDERS › Section 47.17 - Calculation for Alternate Payee Benefits Before a Member's Benefit Begins

Current through Reg. 49, No. 28; July 12, 2024
(a) An alternate
				payee of a TRS member is eligible to receive the benefits described by
				Government Code §
									804.005 if:
(1) the alternate payee has a qualified
				domestic relations order ("QDRO") approved by TRS;
(2) the alternate payee submits a written
				request to TRS to receive these benefits; and
(3) the member meets the requirements of
				subsection (b) of this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.1 - Collection Procedures

Current through Reg. 49, No. 28; July 12, 2024
The executive director or his designee shall develop and
				  maintain procedures for determining whether an obligation owed to TRS is
				  delinquent and for collecting a delinquent obligation.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.2 - Demand Letters

Current through Reg. 49, No. 28; July 12, 2024
(a) A department
				that has determined a delinquent obligation is owed to TRS shall send a first
				demand letter to the obligor, generally no later than 30 days after such
				determination is made. If no satisfactory response is received within 30 days
				after the date of the first letter, the department shall send a second demand
				letter to the obligor, generally no sooner than 30 days but not more than 60
				days after the date of the first demand letter.
(b) Demand letters should be mailed in
				envelopes that contain the statement "address service requested" and shall
				comply with the applicable requirements for address verification in 39 Code of
				Federal Regulations Chapter III, Subchapter A, Part 3001, Subpart C, Appendix
				A, §911. Second demand letters shall state, where practical and in
				accordance with TRS procedures, that the delinquent obligation may be referred
				to the attorney general if it is not resolved in manner satisfactory to
				TRS.
(c) If the department does not
				receive a satisfactory response after sending two demand letters, the
				department shall determine whether the obligation is uncollectible as a
				practical matter, based on established procedures. The department shall
				adequately document a determination that a delinquent obligation is
				uncollectible.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.3 - Referrals of Delinquent Obligations to Attorney General for Collection

Current through Reg. 49, No. 28; July 12, 2024
(a) If a department determines that a
				delinquent obligation may be collectible or if TRS procedures otherwise
				require, the department shall refer the obligation to the Legal Services
				Department for recommendation of whether TRS should refer the obligation to the
				attorney general for collection.
(b) The executive director or his designee
				shall decide whether to refer a matter to the attorney general for collection.
				This decision and any referral to the attorney general should be made no later
				than 90 days after the determination that an obligation owed to TRS is
				delinquent.
(c) Except as noted in
				this chapter, TRS will not refer for collection delinquent obligations in which
				the amount to be recovered would be less than the total sum of expense to TRS
				and the attorney general for travel, employee time, court costs, and other
				relevant expenses.
(d) The
				executive director or his designee may for policy reasons, actuarial reasons,
				or other good cause refer a delinquent obligation to the attorney general for
				collection even if the size of the obligation or other considerations generally
				would cause TRS not to refer the obligation.
(e) In making a determination of whether to
				refer a delinquent obligation to the attorney general, the executive director
				or his designee shall consider:
(1) expense
				of further collection procedures;
(2) the size of the delinquent
				obligation;
(3) the existence of
				any security;
(4) the possibility
				of collection or satisfaction of the delinquent obligation through other
				means;
(5) the likelihood of
				collection; and
(6) any other
				relevant factors established by TRS collections procedures.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.4 - Extension of Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) If an address
				correction is received, TRS shall re-send a demand letter to the correct
				address, and the deadlines provided in this chapter shall be tolled
				accordingly.
(b) Where
				determinations of obligations or indebtedness are subject to administrative
				appeal procedures, the deadlines provided in this chapter shall be tolled
				during the pendency of an appeal.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.5 - Records

Current through Reg. 49, No. 28; July 12, 2024
TRS shall keep records identifying all persons or entities
				  liable for delinquent obligations and the correct physical address of the
				  obligor's business and/or residence, if available. Such records should also
				  contain collection histories on each obligor showing, where applicable,
				  attempted contacts with the obligor; efforts to locate the obligor; efforts to
				  locate the assets of the obligor and the results of such efforts; state
				  warrants that may be issued to the obligor; security interests that TRS has
				  against any assets of the obligor; and any other information considered by TRS
				  to be relevant.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.6 - Supplemental and Alternative Collection Procedures

Current through Reg. 49, No. 28; July 12, 2024
At the time collection attempts are being made, TRS may
				  consider supplemental or alternative debt collection procedures, including
				  warrant hold procedures authorized by Government Code, §
									403.055.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 49 - COLLECTION OF DELINQUENT OBLIGATIONS › Section 49.7 - Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) The following obligations to TRS shall be
				exempt from the procedures in this chapter:
(1) obligations arising from the investments
				of the system, which shall be governed by the TRS investment policy and
				procedures;
(2) state
				contributions;
(3) other
				obligations for which a statute provides alternative collection procedures,
				including but not limited to:
(A) employer
				reimbursement or assumption of state contributions;
(B) unpaid member contributions;
(C) overpayments that TRS concludes may
				appropriately be recovered by actuarial adjustments to benefits;
(4) collections made by third
				parties pursuant to legally authorized contracts.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.1 - Advisory and Auxiliary Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				following committees are created for a period which will expire at the end of
				the next sunset review for the Teacher Retirement System of Texas (TRS) which
				is September 1, 2019, unless continued by the outcome of the sunset process, to
				advise or otherwise serve the retirement system and are deemed necessary to
				assist the Board of Trustees in performing its duties:
(1) a Medical Board, composed of three
				licensed physicians as provided by §
										825.204, Government
				Code; and
(2) a Retirees Advisory
				Committee for the health benefits program under the Texas Public School Retired
				Employees Group Benefits Act (TRS-Care), composed as provided by Subchapter I
				of Chapter 1575, Insurance Code.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.2 - Vendor Protests, Dispute Resolution, and Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this section is to provide
				a procedure for vendors to protest purchases made by the Teacher Retirement
				System of Texas (TRS). Protests of purchases made by the Texas Facilities
				Commission (facilities commission) on behalf of TRS are addressed in 1 Texas
				Administrative Code Chapter 111, Subchapter C (relating to Complaints and
				Dispute Resolution). Protests of purchases made by the Department of
				Information Resources (DIR) on behalf of TRS are addressed in 1 Texas
				Administrative Code Chapter 201, §201.1 (relating to Procedures for Vendor
				Protests and the Negotiation and Mediation of Certain Contract Disputes and Bid
				Submission, Opening and Tabulation Procedures). Protests of purchases made by
				Texas Procurement and Support Services of the Comptroller of Public Accounts
				(comptroller's office) on behalf of TRS are addressed in 34 Texas
				Administrative Code Chapter 20, Subchapter F, Division 3 (relating to Protests
				and Appeals). The rules of the facilities commission, DIR, and the
				comptroller's office are in the Texas Administrative Code, which is on the
				Internet website of the Office of the Secretary of State, Texas Register
				Division at: www.sos.state.tx.us/tac/index.shtml.
(b) Any actual or prospective bidder,
				offeror, or contractor who is aggrieved in connection with the solicitation,
				evaluation, or award of a contract may formally protest to TRS. Such protests
				must be in writing and received in the office of the chief officer in whose
				area the action is (was) being processed within ten working days after such
				aggrieved person knows, or should have known, of the occurrence of the action
				which is protested. Formal protests must conform to the requirements set forth
				in subsection (c) of this section. Copies of the protest must be mailed or
				delivered by the protesting party to all vendors who have submitted bids or
				proposals for the contract involved.
(c) A formal protest must be sworn and
				contain:
(1) a specific identification of the
				statutory provision(s) that the action complained of is alleged to have
				violated;
(2) a specific
				description of each act alleged to have violated the statutory provision(s)
				identified in paragraph (1) of this subsection;
(3) a precise statement of the relevant
				facts;
(4) an identification of the
				issue or issues to be resolved;
(5)
				argument and authorities in support of the protest; and
(6) a statement that copies of the protest
				have been mailed or delivered to other identifiable interested
				parties.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.5 - Waiver of Deadline to Remit Deposits and Documentation

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided in §
									25.28 of
				this title (relating to Payroll Report Dates), on written request by an
				employer, the Teacher Retirement System of Texas (TRS) may grant a one-time
				waiver for three months, of the deadline imposed by §
									825.408(a),
				Government Code, to remit all member and employer deposits and documentation of
				deposits before the seventh day after the last day of a month. In support of
				the request, an employer is required to submit the reasons for a waiver and an
				explanation of corrective measures being taken by the employer toward
				compliance with Section
				825.408(a),
				Government Code, and to pay the required interest on the unpaid and/or
				undocumented amounts. The employer shall also submit corrected reports for the
				months in question in the form and manner prescribed by TRS.
(b) Except as provided in §
									25.28 of
				this title (relating to Payroll Report Dates), TRS shall not consider
				additional requests for a waiver of the deadline except in the case of a
				catastrophic event affecting the district's financial or technological
				resources.
(c) This section does
				not apply to health insurance.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.7 - Assignment of TRS Vehicles

Current through Reg. 49, No. 28; July 12, 2024
(a) TRS vehicles
				are assets of the Teacher Retirement System of Texas (TRS) pension fund and,
				except as provided in subsection (b) of this section, are assigned to the TRS
				motor pool, available for checkout and use in accordance with the provisions of
				the TRS vehicle policy adopted by TRS staff and in effect at the time of
				checkout or use.
(b) TRS may assign
				a vehicle to an employee on a regular or every day basis only if TRS determines
				that the assignment is critical to the needs and mission of TRS. The
				determination shall be made by the Executive Director or his designee and
				documented in writing.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.11 - Historically Underutilized Businesses

Current through Reg. 49, No. 28; July 12, 2024
For the purpose of making purchases with funds appropriated
				  to it, the Teacher Retirement System of Texas (TRS) adopts by reference the
				  rules of the Comptroller of Public Accounts (comptroller's office) in 34 Texas
				  Administrative Code Chapter 20, Subchapter D, Division 1 (relating to the
				  Historically Underutilized Business Program). The rules of the comptroller's
				  office are in the Texas Administrative Code, which is on the Internet website
				  of the Office of the Secretary of State, Texas Register Division at:
				  www.sos.state.tx.us/tac/index.shtml.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.12 - Applicability of Certain Laws in Effect Before September 1, 2005

Current through Reg. 49, No. 28; July 12, 2024
(a) A person who retires under the Teacher
				Retirement System of Texas (TRS) on or after September 1, 2005, and who meets
				one or more of the following requirements on or before August 31, 2005, while a
				member of TRS is governed by provisions of state law relating to early
				retirement with at least twenty years of service credit under §
									824.202(c),
				Government Code, three year salary average under §
									824.203,
				Government Code, and the partial lump-sum option (PLSO) under §
									824.2045,
				Government Code, as those provisions existed prior to September 1, 2005:
(1) the person has attained age 50;
(2) the sum of the person's age and amount of
				service credit in the retirement system equals 70 or greater; or
(3) the person has at least 25 years of
				service credit in the retirement system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.14 - Enhanced Contract Monitoring Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The Teacher Retirement System of Texas
				(TRS) shall assess each contract to determine whether enhanced contract
				monitoring is necessary.
(b) TRS
				shall use the following factors to determine whether enhanced contract
				monitoring is necessary:
(1) the complexity
				of the services;
(2) the dollar
				value of the contract;
(3) whether
				the services or contractor are new or significantly changed;
(4) whether the TRS staff managing the
				contract are new or significantly changed; and
(5) any other factors that may impact the
				project.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 3 - TEACHER RETIREMENT SYSTEM OF TEXAS › Chapter 51 - GENERAL ADMINISTRATION › Section 51.15 - Contract Monitoring Roles and Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The contract monitoring roles and responsibilities of TRS'
				  internal audit staff and other inspection, investigative, or compliance staff
				  are as follows:
(1) the internal audit
				division will perform audits of the contract management function and systems
				when they are warranted by the results of risk assessment or included in the
				audit plan approved by TRS pursuant to Government Code, § 2102.005 and
				§ 2102.008;
(2) the
				Procurement and Contracts business unit will seek to improve contract
				compliance by serving as a central repository for agency contracts so the
				agency can perform contract compliance reviews;
(3) TRS does not have a criminal enforcement
				unit. Criminal activity related to agency contracts will be reported to the
				appropriate authorities as set out in statute;
(4) the contract sponsor that oversees a
				contract will monitor and report to the Procurement and Contracts business unit
				regarding contract compliance;
(5)
				TRS' Procurement and Contracts business unit will assist the administering
				business unit and contract sponsor in monitoring agency contracts in connection
				with applicable historically underutilized and minority business contract
				requirements; and
(6) upon contract
				close-out, the Procurement and Contracts business unit will file vendor
				performance reports, as required by the rules of the Comptroller of Public
				Accounts in 34 TAC Part 1, Chapter 20, Subchapter F, Division 2 (relating to
				Procurement), §20.509 (relating to Performance Reporting).
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 61 - TERMS AND PHRASES › Section 61.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this part, shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Contributory
				service--Service for which all necessary deposits were made with and are being
				held by the system.
(2) System--The
				Employees Retirement System of Texas.
(3) Trustees, board, or board of trustees
				--The board of trustees of the Employees Retirement System of Texas.
(4) Year--The state fiscal year.
(5) Interested person --Any member of the
				system; any beneficiary or survivor of a system member; any retiree of the
				system; any guardian, administrator, or executor of a system member, retiree,
				or beneficiary; and any state agency employing system members.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.3 - Election of Trustees (Nomination Process)

Current through Reg. 49, No. 28; July 12, 2024
A member or retiree of the system who meets statutory
				  eligibility criteria may be nominated to serve as a trustee of the system in
				  the following manner:
(1) A member or
				retiree must file a petition on a form approved by the system. The petition
				must be signed by 300 or more persons qualified to vote in the trustee
				election. Only members of the system and retirees are qualified to vote in the
				election. The system will accept up to 600 signatures from each
				candidate.
(2) Each signature on a
				petition must be accompanied by that person's printed or typed name, ZIP Code,
				and any other information requested by the system to confirm the signer's
				identity. No person may sign a petition for more than one candidate. To do so
				will cause the signatures of the person to be disqualified on all
				petitions.
(3) The system must
				receive signed petitions before the deadline established by the board. A copy
				of a signed paper petition will not be accepted in lieu of the original signed
				petition. Electronic petitions must be completed and submitted in accordance
				with the instructions provided with electronic petition forms.
(4) The board shall establish deadlines and
				other dates related to trustee elections. Blank petitions shall be made
				available by the system at least 25 calendar days in advance of the deadline
				established by the board for filing signed petitions.
(5) A member may not be nominated to serve as
				a trustee if:
(A) the member is employed by
				the same employer as another trustee whose term will continue following the
				election; or
(B) the member is
				currently employed by the system or has been employed by the system within six
				years prior to the date of nomination.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.4 - Election of Trustees (Ballot)

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				order of the names on the ballot shall be established by drawing at a time and
				setting determined by the system. Each candidate or the candidate's
				representative may attend the drawing.
(b) Each candidate must submit the
				information requested by the system for presentation on the ballot. Such
				information may include:
(1) name as it is to
				appear on the ballot;
(2) current
				title and position as a state employee;
(3) name and address of employing state
				agency; and
(4) any other
				information the system determines may be helpful to the
				electorate.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.5 - Rulemaking Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation
				method. The promulgation, adoption, repeal, or revision of any rule may be
				initiated by the executive director or any member of the board.
(b) Petitions. Any interested person may
				petition the executive director or the board to request the adoption of a rule.
				Within 60 days after the receipt of a petition, the executive director shall
				either initiate rulemaking proceedings or place the matter on the agenda of the
				next regularly scheduled board meeting for discussion.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.7 - Public Comment to the Board of Trustees

Current through Reg. 49, No. 28; July 12, 2024
A member of the public who wishes to make a presentation to
				  the board regarding an item on the board's agenda may do so in accordance with
				  the following procedures:
(1) A form
				approved by the system must be completed and submitted to the system prior to
				the board meeting in the time and manner specified.
(2) Only the parties involved in an appeal
				may comment on administrative appeals that are presented to the
				board.
(3) The board shall hear
				comments regarding an agenda item at the time the agenda item is under
				consideration.
(4) Comments by an
				individual on a particular agenda item shall be limited to five minutes unless
				the chair modifies the amount of time allotted.
(5) The combined maximum amount of time for
				all public comments regarding an agenda item is 30 minutes unless the chair
				modifies the amount of time allotted.
(6) Members of the public are encouraged to
				submit written comments to the board in lieu of or in addition to oral comments
				.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.9 - Officers

Current through Reg. 49, No. 28; July 12, 2024
At the last regularly scheduled board meeting each year, the
				  board shall elect a chair and vice chair who shall take office the following
				  September 1. The chair or vice chair, in the chair's absence, shall preside at
				  meetings of the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.13 - Committees

Current through Reg. 49, No. 28; July 12, 2024
The internal audit committee shall be considered a standing
				  committee, and members shall be appointed by the chair at the beginning of each
				  year. The chair shall designate additional ad hoc committees as necessary. The
				  term of an ad hoc committee shall be for the year in which the ad hoc committee
				  is appointed or until the work of the ad hoc committee is completed if within
				  the year.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.15 - Robert's Rules of Order

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise required by law or these rules, Robert's
				  Rules of Order may be used in the conduct of business by the board to the
				  extent practicable.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.17 - Advisory Committees

Current through Reg. 49, No. 28; July 12, 2024
(a) The composition
				and functions of the Medical Board are established by statute. Remuneration, if
				any, for Medical Board members shall be determined by the board. The Medical
				Board shall perform its tasks until abolished by the legislature.
(b) The Investment Advisory Committee (IAC)
				shall advise the board on issues related to investments. Subject to applicable
				statutory requirements, the board shall determine the number of IAC members,
				the prerequisites for membership, the reporting requirements for the IAC,
				whether to abolish the IAC, and the remuneration, if any, for IAC
				members.
(c) The Group Benefits
				Advisory Committee (GBAC) shall advise the board on employee benefits
				administered by the board as part of the Texas Employees Group Benefits
				Program. The board shall determine the number of GBAC members, the
				prerequisites for membership, the reporting requirements for the GBAC, whether
				to abolish the GBAC, and the remuneration, if any, for GBAC members.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 63 - BOARD OF TRUSTEES › Section 63.19 - Standards of Conduct for Financial Advisors and Service Providers

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Tex. Gov't Code §
									2263.004,
				  any financial advisor or service provider who receives, directly or indirectly,
				  more than $10,000.00 in compensation from the system during a year and provides
				  financial services to the system, the board, or a member of the board regarding
				  the management or investment of the system's funds shall comply with all
				  applicable standards of conduct established by federal and state laws and
				  regulations, relevant trade and professional associations, and the system's
				  Investment Policy. The system may terminate any business relationship,
				  including the termination of a contract, for failure to comply with an
				  applicable standard of conduct as required by this section.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.1 - Duties of the Executive Director

Current through Reg. 49, No. 28; July 12, 2024
All the administrative and decisional powers granted by the
				  statutes that govern ERS are vested in the executive director, subject to
				  policies and rules formulated by the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.3 - Records of the System

Current through Reg. 49, No. 28; July 12, 2024
(a) The executive
				director or his/her designee is the custodian of records of the Employees
				Retirement System of Texas.
(b) The
				executive director may appoint a staff member to certify to the authenticity of
				copies of system records.
(c) No
				charge shall be made for one copy of any public record requested by members of
				the Legislature in the performance of their legislative duties or if the system
				determines that furnishing the records without cost can be considered as
				primarily benefiting the trust fund.
(d) All funds generated from the charges
				assessed for providing public information and copies of public information
				shall remain a part of the funds of the system under the administration of the
				board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.5 - Correction of Administrative Error

Current through Reg. 49, No. 28; July 12, 2024
The executive director may take action necessary to correct
				  an administrative error. The reason for any action by the executive director to
				  correct an administrative error shall be made part of the appropriate
				  record.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.7 - Appointment of Examiner

Current through Reg. 49, No. 28; July 12, 2024
The executive director shall have authority to appoint an
				  examiner to conduct proceedings related to contested cases under the
				  Administrative Procedure Act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.9 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
Any right, power, or duty conferred on the executive director
				  by statute, rule, or board action may be exercised or performed by the deputy
				  executive director as provided by Tex. Gov't Code §
									815.202(f)
				  or if the executive director is incapacitated or otherwise unable to
				  act.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.11 - Reimbursement for Training or Education

Current through Reg. 49, No. 28; July 12, 2024
Before an employee of the system may be reimbursed under Tex.
				  Gov't Code §
									656.047(b)
				  the executive director must authorize the tuition reimbursement payment based
				  on compliance with the requirements of §656.047(b) and applicable laws
				  governing the trusts administered by the system.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 65 - EXECUTIVE DIRECTOR › Section 65.13 - Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Contracts described by Tex. Gov't Code §
									2261.251(b)
				are subject to the system's enhanced contract and performance monitoring
				procedures.
(b) The executive
				director shall designate staff who will be responsible for submitting the
				information on contracts described by Tex. Gov't Code §
									2261.251(b)
				to the board.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.1 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of
				chapter. The purpose of this chapter is to provide an orderly and efficient
				system of procedure before the Board of Trustees ("Board") of the Employees
				Retirement System of Texas ("ERS"), the Board's designee or ERS staff to
				facilitate the administration of the laws of the state within its jurisdiction.
				This chapter shall be given a fair and impartial construction to attain these
				objectives.
(b) Scope of chapter.
				This chapter shall exclusively govern the procedure for all Proceedings before
				the Board, its designee or ERS where notice and hearing are required or as
				otherwise provided herein. In accordance with §
									815.102(b),
				Government Code, this chapter supersedes and replaces all rules of procedure
				promulgated by the State Office of Administrative Hearings ("SOAH") in
				Proceedings originating with ERS. This chapter shall not be construed so as to
				enlarge, diminish, modify, or alter the jurisdiction, powers, or authority of
				the Board, its designee, ERS or the substantive rights of any person. Nor shall
				this chapter have the effect of waiving the sovereign (governmental) or
				official immunity of ERS, its trustees, officers, employees, agents,
				Administering Firms and Insurers.
(c) Texas Rules of Civil Procedure.
				Proceedings under this chapter shall be conducted in accordance with the Texas
				Rules of Civil Procedure (including future amendments thereto), except where
				such rules conflict with a provision of this chapter or the Texas
				Administrative Procedure Act (Government Code §§
									2001.001 et seq.)
				("APA"), in which event the provision of this chapter or the APA shall
				control.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.5 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) When the Executive Director denies a
				claim, or takes other action for which an appeal is allowed by law, the
				Participant or Member will be informed that he/she has 30 days from the date
				the determination letter is served on the Participant or Member to file a
				written notice of appeal as specified in §
									67.7
				of this chapter (relating to filing and service of documents and Pleadings).
				The determination letter will inform the Participant or Member of this right,
				as appropriate. In order to facilitate a thorough and just adjudication of the
				appeal, the Participant or Member shall, upon request, sign and file with ERS a
				release authorizing the use and admission into evidence in the appeal of
				relevant information, which may also include confidential information and
				sensitive data. Mandatory venue for an administrative hearing of the appeal
				will be in Austin, Texas.
(b) The
				Executive Director shall decide whether or not a notice of appeal is timely
				filed under this chapter. ERS will only accept late appeals based on a showing
				of good cause by the Participant or Member. Failure of the Appellant to execute
				and file with ERS a proper release under subsection (a) of this section within
				30 days after filing a Notice of Appeal may be grounds for ERS to dismiss the
				appeal as untimely. The Executive Director's decision in these matters
				constitutes final Agency action on the issue and no administrative appeal from
				the Executive Director's decision is available.
(c) Standing. Unless otherwise provided by
				law, standing to pursue an administrative appeal under this chapter is limited
				to Members, Participants , Insurers, Appellants, Appellees , Administering
				Firms, beneficiaries of a deceased Member or Participant , and Persons or
				Agencies permitted to intervene pursuant to §
									67.21 of
				this chapter (relating to intervention). Healthcare providers under the Texas
				Employees Group Benefits Act, ERS vendors (other than Insurers and
				Administering Firms) and other third parties not specifically designated herein
				as having standing do not have standing to appeal ERS decisions.
(d) In accordance with §
									815.511(d),
				Government Code and §
									1551.360, Insurance
				Code, the Board delegates its authority to determine all Proceedings within its
				jurisdiction to the Executive Director. In his/her discretion, the Executive
				Director may request the Board to decide a particular Proceeding when
				appropriate.
(e) The Executive
				Director may delegate, either generally, or in a particular Proceeding, the
				duties of the Executive Director under this chapter to another Person who is
				employed by ERS.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.7 - Filing and Service of Documents and Pleadings

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as otherwise provided in these
				rules, documents and Pleadings relating to any Proceeding pending or to be
				instituted before ERS, the Board or its designee shall be filed with and/or
				served upon the Executive Director.
(b) Unless otherwise provided by applicable
				law or rule, in any Proceeding referred by the Executive Director to an
				Examiner to conduct a hearing, all Parties shall file documents and Pleadings
				initially with the Examiner. After the Examiner issues a final proposal for
				decision, including any responses to exceptions to the proposal for decision
				and replies to exceptions filed by the Parties, the Examiner no longer has
				jurisdiction over the Proceedings, and the Parties are then required to file
				all documents and Pleadings with the Executive Director. Thereafter, all
				Pleadings in the Proceeding shall be addressed to the Executive
				Director.
(c) Copies of any
				documents or Pleadings filed with or served upon the Executive Director or
				Examiner shall be served upon all other Parties to the Proceeding or their
				Authorized Representative contemporaneously with such filing or
				service.
(d) Unless otherwise
				stated, all documents and Pleadings required to be served on any Party may be
				served by any of the following methods:
(1)
				hand-delivery;
(2) certified or
				registered mail to the Party's or the Party's Authorized Representative's last
				known address;
(3) facsimile to the
				Party's or the Party's Authorized Representative's current facsimile
				number;
(4) electronic mail
				("email") to the Party's or the Party's Authorized Representative's current
				email address; or
(5) any other
				manner as the Executive Director or Examiner, in their discretion, may
				reasonably require.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.9 - Computation of Time

Current through Reg. 49, No. 28; July 12, 2024
(a) Counting days.
				In computing any period of time prescribed or allowed by this chapter, by Order
				of the Executive Director, Examiner, ERS, the Board or its designee, or by any
				applicable rules or statutes, the period shall begin on the day after the act,
				event, mailing, transmission or default in question and it shall conclude on
				the last day of that designated period, unless it is a Saturday, Sunday, or
				legal holiday (including federal and state holidays), in which event the period
				runs until the end of the next day which is neither a Saturday, Sunday, nor a
				legal holiday.
(b) Extensions.
				Unless otherwise provided by statute, the time for filing any of the documents
				or Pleadings mentioned in §
									67.7
				of this chapter (relating to filing and service of documents and Pleadings) may
				be extended by agreement of the Parties or, upon the filing of a motion, prior
				to the expiration of the applicable period of time, showing that the extension
				will not prejudice the other Parties. A motion for extension may be filed after
				the deadline for filing the pleading if there is good cause for such extension
				of time and that the need for the extension is not caused by the neglect,
				indifference, or lack of diligence of the Party making the motion.
(1) In the case of filings which initiate a
				Proceeding, which are made before an Examiner has been assigned the matter, or
				are made after all Proceedings pending before the Examiner have concluded, the
				Executive Director will determine whether or not good cause exists and whether
				or not an extension should be granted. The Executive Director's decision
				constitutes final Agency action on the issue and no administrative appeal from
				the Executive Director's decision is available.
(2) In the case of filings made in a
				Proceeding after an Examiner has been assigned the matter, and prior to the
				time the Proceedings before the Examiner have concluded and the Examiner no
				longer has jurisdiction, the Examiner will determine whether or not good cause
				exists and whether or not an extension should be granted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.11 - Agreements To Be in Writing

Current through Reg. 49, No. 28; July 12, 2024
No stipulation or agreement between the Parties or their
				  Authorized Representatives, with regard to any matter involved in any
				  Proceeding governed by this chapter, shall be enforceable unless it is reduced
				  to writing and signed by the Parties or their Authorized Representatives or
				  unless it is dictated into the record by them during the course of a hearing or
				  oral deposition, or incorporated into an Order bearing their written approval
				  as to form and substance. This section does not limit a Party's ability to
				  waive, modify, or stipulate any right or privilege afforded by this chapter,
				  unless precluded by law.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.13 - Conduct and Decorum

Current through Reg. 49, No. 28; July 12, 2024
(a) Comportment.
				Every Party, witness, and Authorized Representative shall comport himself in
				all Proceedings, depositions, conferences, meetings and hearings with dignity,
				courtesy, and respect for the Board, its designee, the Executive Director,
				Examiners, and all other Parties, their Authorized Representatives, and
				proceeding participants. Authorized Representatives shall observe and practice
				the ethical behavior prescribed for attorneys by the "Texas Lawyers Creed" and
				the "Texas Disciplinary Rules of Professional Conduct"; provided, however, that
				any Authorized Representative who is not licensed to practice law in the state
				of Texas shall not, by these rules, engage in the unauthorized practice of law
				as set forth in Government Code Chapter 81, Subchapter G .
(b) Compliance. Upon violation of subsection
				(a) of this section, any Party, witness, or Authorized Representative may be
				excluded by the Board, its designee, or the Examiner from any hearing for such
				period and upon such conditions as are just, or may be subject to such other
				just, reasonable, and lawful disciplinary action as the Board, its designee, or
				the Examiner may prescribe. Any disciplinary action taken by the Examiner shall
				be subject to review by the Board or its designee. The Examiner is not
				authorized by these rules to assess monetary sanctions, attorney's fees, or
				costs upon any Party or witness, and any provisions of the Texas Rules of Civil
				Procedure relating to the award of monetary sanctions, attorney's fees, or
				costs do not provide such authority to the Examiner.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.15 - Classification of Parties

Current through Reg. 49, No. 28; July 12, 2024
Parties to Proceedings governed by this chapter are
				  classified as ERS, Appellants, Appellees, Agencies , Insurers, Administering
				  Firms or Intervenors.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.19 - Alignment of Parties

Current through Reg. 49, No. 28; July 12, 2024
Parties may be aligned according to the nature of the
				  Proceeding and their relationship to it and each other.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.21 - Intervention

Current through Reg. 49, No. 28; July 12, 2024
(a) Any Person, Administering Firm, Insurer
				or Agency with standing and who is interested in intervening in any Proceeding
				before the Board or its designee may request to appear formally in the
				Proceeding, by filing a motion to intervene with the Executive Director at
				least thirty (30) days in advance of the hearing or submission date.
(b) Any Person, Administering Firm, Insurer
				or Agency with standing and who is interested in intervening in any Proceeding
				pending before an Examiner may file a motion to intervene with the Examiner at
				least thirty (30) days in advance of the hearing date.
(c) All motions to intervene shall include
				any relevant, material, and proper testimony and evidence bearing upon the
				issues involved in the particular Proceeding, reasons why such intervention is
				proper, and in what ways the movant has an economic, proprietary, or other
				substantial justiciable interest in the Proceeding. The motion must be
				supported by a showing of standing and good cause to intervene.
(d) The Executive Director or Examiner,
				subject to timely review by the Board or its designee, may determine whether or
				not intervention should be permitted.
Texas Administrative Code › Title 34 - PUBLIC FINANCE › Part 4 - EMPLOYEES RETIREMENT SYSTEM OF TEXAS › Chapter 67 - HEARINGS ON DISPUTED CLAIMS › Section 67.23 - Representative Appearances

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent
				permitted by law, any Party may appear and represent himself or, upon written
				notice duly filed with the Executive Director or Examiner may, at the Party's
				own expense, appear through any Person authorized by that Party to make
				appearance for him except as provided in §
									67.43(b)(1)
				of this chapter (relating to dismissal without hearing).
(b) Each Party to a Proceeding may be
				represented by an attorney-at-law at the Party's own expense.
(c) All Parties and their Authorized
				Representatives must conduct themselves in accordance with §
									67.13 of this
				chapter (relating to conduct and decorum), and are prohibited from knowingly
				making, facilitating, or participating in the making or presentation of any
				false statement, representation, or claim about any material fact in connection
				with the Proceeding.