government code 825

3357), Sec. 54, eff. Amended by Acts 1995, 74th Leg., ch. The acceptance of benefits by the retirement system under a contract does not waive immunity from suit or immunity from liability. (c) Notwithstanding any other law to the contrary, the size and composition of advisory committees created by statute for the retirement system or required by statute to be created by the retirement system are as provided by the statute creating or providing for the creation of the particular committee. 35.407 and amended by Acts 1989, 71st Leg., ch. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1, eff. Amended by Acts 1997, 75th Leg., ch. 825.210. Sept. 1, 1981. 825.4071. Title 110B, Sec. 555, Sec. 1846), Sec. 1359 (S.B. Sept. 1, 1981. (c) The designated disbursing officer of each public junior college and each public junior college district shall: (1) submit to the retirement system, at a time and in the manner prescribed by the retirement system, a monthly report containing a certification that includes: (A) the total amount of compensation paid; (B) the total amount of employer contributions due under this section for the payroll period; and, (C) any other information the retirement system determines is necessary to administer this section; and. (a) Except as provided by Subsection (b), a person is not eligible for appointment to the board if the person or the person's spouse: (1) is employed by or participates in the management of a business entity or other organization receiving funds from the retirement system; (2) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the retirement system; or. Sept. 1, 1995. 1, eff. 12), Sec. Added by Acts 1995, 74th Leg., ch. Sept. 1, 1993. 825.313. 35.110 by Acts 1989, 71st Leg., ch. 23(4), eff. 453, Sec. Sept. 1, 1989. (b) The system must honor a power of attorney executed in accordance with Subchapters A and B, Chapter 752, Estates Code. (3) if the real property contains improvements, employ an individual who is not, or a property management company that is not owned by, a trustee or employee of the retirement system and who is, or that employs, a CPM, CAM, or RAM to manage the property. BOARD MEMBER TRAINING. 10, eff. 64), Sec. (c) It is intended that the retirement system administer the plan in a manner that satisfies the required minimum distribution provisions of Section 401(a)(9), Internal Revenue Code of 1986. (c) A person may not be a trustee or an employee of the retirement system employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Acts 2011, 82nd Leg., R.S., Ch. Sept. 1, 1989. Sept. 1, 1989. Nov. 10, 1981; Acts 1985, 69th Leg., ch. SUBCHAPTER C. OFFICERS AND EMPLOYEES OF BOARD OF TRUSTEES. 14, eff. 35.101 by Acts 1989, 71st Leg., ch. (a) If an employer applies for money provided by the United States, an agency of the United States, or a privately sponsored source, and if any of the money will pay part or all of an employee's salary, the employer shall apply for any legally available money to pay state contributions required by Section 825.404 or 830.201. (b) The retirement system may release records of a participant, or information about the records of a participant, including a participant to which Chapter 803 applies, to: (1) the participant or the participant's attorney or guardian or another person who the executive director determines is acting on behalf of the participant; (2) the executor or administrator of the deceased participant's estate, including information relating to the deceased participant's beneficiary, or if an executor or administrator of the deceased participant's estate has not been named, a person or entity who the executive director determines is acting in the interest of the deceased participant's estate, or an heir, legatee, or devisee of the deceased participant; (3) a spouse or former spouse of the participant if the executive director determines that the information is relevant to the spouse's or former spouse's interest in member accounts, benefits, or other amounts payable by the retirement system; (4) an administrator, carrier, consultant, attorney, or agent acting on behalf of the retirement system; (5) a governmental entity, an employer, or the designated agent of an employer, only to the extent the retirement system needs to share the information to perform the purposes of the retirement system, as determined by the executive director; (6) a person authorized by the participant in writing to receive the information; (7) a federal, state, or local criminal law enforcement agency that requests a record for a law enforcement purpose; (8) the attorney general to the extent necessary to enforce child support; or. (a) Each payroll period, each employer shall deduct from the compensation of each member employed by the employer the amount required by Section 825.402. Sept. 1, 1995. Title 110B, Sec. (d) No later than 30 days after the legislative audit committee receives an audit report, the committee shall file a copy of the report with the retirement system, the governor, the lieutenant governor, the speaker of the house of representatives, the State Pension Review Board, the state auditor, and the secretary of state for publication in the Texas Register. Acts 1981, 67th Leg., p. 1876, ch. (e) After the end of each fiscal year, the retirement system shall report to the comptroller of public accounts the name of any general academic teaching institution and any medical and dental unit delinquent in the reimbursement of contributions under this section for the preceding fiscal year and the amount by which each reported institution or unit is delinquent. Aug. 28, 1989; Acts 1993, 73rd Leg., ch. 825.405. 1078 (H.B. Aug. 26, 1991. Amended by Acts 2001, 77th Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. September 1, 2011. 35.504 by Acts 1989, 71st Leg., ch. Amended by Acts 1993, 73rd Leg., ch. ADVOCACY PROHIBITED. 6, eff. Renumbered from Vernon's Ann.Civ.St. (2) "Distributee" means a person who receives an eligible rollover distribution from the retirement system and includes an employee or former employee and, regarding the interest of an employee or former employee, the person's surviving spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined by Section 414(p), Internal Revenue Code of 1986. Acts 2009, 81st Leg., R.S., Ch. (2) maintain and retain the following information: (A) the name of each member employed by the institution or unit who, for the most recent payroll period, was paid wholly or partly from noneducational and general funds; (B) the amount of the employee's salary for the most recent payroll period that was paid from noneducational and general funds; and. Acts 1981, 67th Leg., p. 1876, ch. Sec. 825.515. COMPENSATION OF EMPLOYEES; PAYMENT OF EXPENSES. 1458), Sec. This subsection does not prohibit: (1) an interest in the assets as a member of the retirement system; (2) the right to receive expense reimbursements at the same rate that the board member or employee would have received as a board member or employee; and. APPRAISAL AND SALE OF REAL PROPERTY. 35.007 by Acts 1989, 71st Leg., ch. Sept. 1, 1993. Each service shall compare investment results with the written investment objectives developed by the board, and shall also compare the investment of the assets being evaluated and analyzed with the investment of other public funds. For purposes of the investment authority of the board of trustees under Section 67, Article XVI, Texas Constitution, "securities" includes any investment instrument within the meaning of the term as defined by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes), 15 U.S.C. (a-2) The state contribution required by Subsection (a) is: (1) for the fiscal years beginning on September 1, 2019, and September 1, 2020, 7.5 percent of the aggregate annual compensation of all members of the retirement system during the applicable fiscal year; (2) for the fiscal year beginning on September 1, 2021, 7.75 percent of the aggregate annual compensation of all members of the retirement system during that fiscal year; (3) for the fiscal year beginning on September 1, 2022, eight percent of the aggregate annual compensation of all members of the retirement system during that fiscal year; and. Sec. Acts 2017, 85th Leg., R.S., Ch. Added by Acts 2007, 80th Leg., R.S., Ch. September 1, 2013. The board of trustees may adopt rules that modify the plan to the extent necessary for the retirement system to be a qualified plan and shall adopt rules to ensure that benefits paid to a retiree, or to a beneficiary of a member or retiree, do not exceed the limits provided by Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. 8, eff. Acts 2007, 80th Leg., R.S., Ch. 2427), Sec. 37, eff. 1, eff. Sept. 1, 1989. 1540, Sec. 455 (S.B. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE RESOLUTION. (c) Except as provided by Subsection (e), each payroll period, for each retiree who is enrolled in the Texas Public School Employees Group Insurance Program under Chapter 1575, Insurance Code, the employer who reports the employment of a retiree shall contribute to the trust fund established under that chapter an amount established by the retirement system. June 14, 2013. September 1, 2007. 455 (S.B. Acts 2005, 79th Leg., Ch. (d) The board of trustees shall ensure that the implementation of this section and the negotiated rulemaking procedures and alternative dispute resolution procedures adopted under this section are consistent with the fiduciary responsibility imposed on the board by law. Texas Laws | Government Code GOVERNMENT CODE TITLE 8. 1612), Sec. 555, Sec. Sec. 1, eff. Amended by Acts 1995, 74th Leg., ch. June 10, 2019. Section 825.312 - Expense Account (a) The retirement system shall deposit in the expense account: (1) money transferred from the interest account under Section 825.313(d) and (2) money received from the Texas Public School Employees Group Insurance Program for service performed for the program by the retirement system. An interest in a limited partnership or investment contract is considered a security without regard to the number of investors or the control, access to information, or rights granted to or retained by the retirement system. Sec. In addition, the maintenance and reporting of the assets must be in compliance with applicable tax law and consistent with any fiduciary duty owed with respect to the trust. SUBCHAPTER A. (a) The attorney general of the state is the legal adviser of the board of trustees. 825.004. (g) To provide for the nomination of persons for appointment under Subsection (d), the board shall send to each retiree of the retirement system: (1) notice of the deadline for filing as a candidate for nomination; (2) information on procedures to follow in filing as a candidate; and. The board of trustees by rule may prescribe the form of and procedures for filing certifications required by this section. 555, Sec. abu business school department of business administration course code/title buad 825/ business, government & society question: 1. identify and explain in details the principles recommended by organisation of economic corporation and development (oecd) with reference to any practical experience in any organisation on the appreciation of such principles. TRANSFERS FROM INTEREST ACCOUNT. Subsection (a)(3) does not apply to a person who is nominated for appointment under Section 825.002(c), (d), or (e). 1612), Sec. (A) the name of each employee paid in whole or part from a grant; (C) the amount of the employee's salary paid from the grant; (D) the amount of the money provided by the grant for state contributions for the employee; and. 453, Sec. (e) The governor's office shall deliver a biennial report to the legislature based on the information received under Subsection (d). Employees do not have the option of choosing to receive the contributed amounts directly instead of having them paid by the employer to the retirement system. 11.05(j), eff. 7, eff. 825.512. 1423, Sec. Acts 1981, 67th Leg., p. 1876, ch. Amended by Acts 1999, 76th Leg., ch. As you know, Government Code section 68115 allows the presiding judge of a superior court affected by an emergency to request, and me to authorize, that certain dates or a range of days be declared court holidays, that the time frames for specific procedures be extended, or both. The executive director shall prepare and maintain a written plan that describes how a person who does not speak English can be provided reasonable access to the board's programs. Acts 2011, 82nd Leg., R.S., Ch. 14, eff. Sec. (b) If a record is reproduced under Subsection (a), the retirement system may destroy or dispose of the original record if the system first: (1) places the reproduction or electronic record in a file conveniently accessible to retirement system personnel; and. 1416, Sec. 35.205 by Acts 1989, 71st Leg., ch. 812, Sec. Acts 2007, 80th Leg., R.S., Ch. Sec. shall apply to the payment of any claim pursuant to this subdivision. 555, Sec. Amended by Acts 1989, 71st Leg., ch. (c) The board of trustees shall employ one or more performance measurement services to evaluate and analyze the investment results of those assets of the retirement system for which reliable and appropriate measurement methodology and procedures exist. Acts 2013, 83rd Leg., R.S., Ch. The rate of contributions for each member of the retirement system is: (1) five percent of the member's annual compensation or $180, whichever is less, for service rendered after August 31, 1937, and before September 1, 1957; (2) six percent of the first $8,400 of the member's annual compensation for service rendered after August 31, 1957, and before September 1, 1969; (3) six percent of the member's annual compensation for service rendered after August 31, 1969, and before the first day of the 1977-78 school year; (4) 6.65 percent of the member's annual compensation for service rendered after the last day of the period described by Subdivision (3) and before September 1, 1985; (5) 6.4 percent of the member's annual compensation for service rendered after August 31, 1985, and before September 1, 2014; (6) 6.7 percent of the member's annual compensation for service rendered after August 31, 2014, and before September 1, 2015; (7) 7.2 percent of the member's annual compensation for service rendered after August 31, 2015, and before September 1, 2016; (8) 7.7 percent of the member's annual compensation for service rendered after August 31, 2016, and before September 1, 2017; (9) for compensation paid on or after September 1, 2017, and before September 1, 2019, the lesser of: (A) 7.7 percent of the member's annual compensation; or. 126 (H.B. 13, eff. Title 110B, Sec. Members of advisory committees established under this section serve at the pleasure of the board. (d) Notwithstanding any other law, all personal financial disclosures made by employees of the retirement system under this section, including a rule or policy adopted under this section, are confidential and excepted from the requirements of Section 552.021. 2, eff. 453, Sec. (b) Before November 2 of each even-numbered year, the board of trustees, in coordination with the Legislative Budget Board, shall certify to the comptroller of public accounts for review and adoption an estimate of the amount necessary to pay the state's contributions to the retirement system for the following biennium. Sec. 2427), Sec. 12, eff. Renumbered from Vernon's Ann.Civ.St. Acts 1981, 67th Leg., p. 1876, ch. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (e) The amounts required to be paid under Subsections (b) and (c) are not required to be paid by a reporting employer for a retiree who retired from the retirement system before September 1, 2005. 179, Sec. Acts 2005, 79th Leg., Ch. 1214 (S.B. Sec. (e) The board of trustees may, in the exercise of its constitutional discretion to manage the assets of the retirement system, select one or more commercial banks, depository trust companies, or other entities to serve as custodian or custodians of all or part of the retirement system's assets. 3357), Sec. 812, Sec. Amended by Acts 1989, 71st Leg., ch. Acts 2013, 83rd Leg., R.S., Ch. Sept. 1, 1989. 729, Sec. Aug. 31, 1989. The report must be filed with the committees of the senate and the house of representatives having jurisdiction over appropriations, with the committees of the senate and the house of representatives having principal jurisdiction over legislation governing the retirement system, and with the Legislative Budget Board at the time the retirement system submits its budget request for the next state fiscal biennium. POWERS AND DUTIES OF BOARD OF TRUSTEES. The board of trustees shall adopt rates and mortality, service, and other tables the board considers necessary for the retirement system after considering the results of the actuary's investigation of the mortality, service, and compensation experience of the system's members and beneficiaries. (d) The governor shall appoint one member of the board from a slate of three former members of the retirement system who have retired and are receiving benefits from the retirement system and who have been nominated in accordance with Subsections (f) and (g) by the persons who have retired and are receiving benefits from the retirement system. Trustees serve without compensation but are entitled to reimbursement from the expense account of the retirement system for all necessary expenses that they incur in the performance of official board duties. June 14, 2013. Aug. 26, 1985; Acts 1989, 71st Leg., ch. Sept. 1, 1981. 10.01(8), eff. Sec. The objectives may address desired rates of return, risks involved, investment time frames, and any other relevant considerations. (e) The retirement system shall submit an annual investment performance report not later than the 45th day after the end of each fiscal year to the governor, the lieutenant governor, the speaker of the house of representatives, the executive director of the State Pension Review Board, the legislative audit committee, the committees of the senate and the house of representatives having jurisdiction over appropriations, the committees of the senate and the house of representatives having principal jurisdiction over legislation governing the retirement system, and the Legislative Budget Board. (a) No later than December 15 of each year, the board of trustees shall publish a report in the Texas Register containing the following information: (1) the retirement system's fiscal transactions for the preceding fiscal year; (2) the amount of the system's accumulated cash and securities; and. Sept. 1, 1981. (e) The board of trustees may conduct a closed meeting in accordance with Subchapter E, Chapter 551, to deliberate or confer with one or more employees, consultants, or legal counsel of the retirement system or a third party regarding a procurement to be awarded by the board of trustees if, before conducting the closed meeting, a majority of the trustees in an open meeting vote that deliberating or conferring in an open meeting would have a detrimental effect on the position of the retirement system in negotiations with a third person. Amended by Acts 1991, 72nd Leg., ch. Sept. 1, 1989. Sept. 1, 1989.  This section shall not be construed as a waiver of a public entity's immunity from liability for punitive damages under LEGAL REPRESENTATION. 453, Sec. (a) The board of trustees shall appoint a medical board composed of three physicians. COMPOSITION OF BOARD OF TRUSTEES. (a) Except as provided by this section, the board of trustees is subject to the open meetings law, Chapter 551, and the administrative procedure law, Chapter 2001. September 1, 2005. Acts 2013, 83rd Leg., R.S., Ch. 1540, Sec. (a) The governor shall appoint, with the advice and consent of the senate and as provided by this section, seven members of the board of trustees. 16, eff. 167, Sec. 453, Sec. 9, eff. (2) the person's spouse is a paid officer, employee, or consultant of a Texas trade association in the field of investment or insurance. 1389 (S.B. Sec. The retirement system shall use all assets contributed by the state to pay benefits authorized by this subtitle. (a) At least annually, the retirement system shall acquire and maintain records identifying members and specifying the types of positions they hold as members. 1078 (H.B. (d) The board of trustees, by resolution recorded in its minutes, may transfer from the interest account to the expense account an amount necessary to cover the expenses of the retirement system for the fiscal year that are required to perform the fiduciary duties of the board. September 1, 2007. Sec. Section 415). DESIGNATION OF AUTHORITY TO SIGN VOUCHERS. Title 110B, Sec. 4, eff. Added by Acts 1987, 70th Leg., ch. 9, eff. (5) comply with guidelines the board of trustees may adopt concerning the investment of cash collateral, borrower limits, and other items. 82, eff. Acts 2005, 79th Leg., Ch. Sept. 1, 1989; Acts 1989, 71st Leg., ch. 555, Sec. A physician who is eligible to participate in the retirement system may not be a member of the medical board. 1, eff. (b) Notwithstanding any other law to the contrary, the board of trustees by rule shall determine the amount and manner of any compensation or expense reimbursement to be paid members of an advisory committee performing service for the retirement system for performing the work of the advisory committee. Sept. 1, 1993. The accounting firm selected to conduct the audits shall report the results of those audits directly to the committee. Sept. 1, 1997. 35.208 by Acts 1989, 71st Leg., ch. 35.102 by Acts 1989, 71st Leg., ch. 39, eff. (b) Notwithstanding subdivision (a) or any other provision of law, a public entity is authorized to pay that part of a judgment that is for punitive or exemplary damages if the governing body of that public entity, acting in its sole discretion except in cases involving an entity of the state government, finds all of the following: (1) The judgment is based on an act or omission of an employee or former employee acting within the course and scope of his or her employment as an employee of the public entity. (2) retain information, as determined by the retirement system, sufficient to allow administration of this section, including information for each employee showing the applicable salary as well as aggregate compensation for the first 90 days of employment for new employees. Sec. 1078 (H.B. 1, eff. Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. 1, eff. An affidavit based on memory without written records made at or near the time of service is not sufficient documentation for the establishment of service credit. 453, Sec. 19, eff. Added by Acts 1985, 69th Leg., ch. 65), Sec. RATE OF MEMBER CONTRIBUTIONS. September 1, 2017. 825.001. Sec. (b)(1) Upon a felony conviction for a violation of Section 1195 of this code, or of Section 68, 86, 93, 165, 504, or 518 of the Penal Code, by an elected official or former elected official of a public entity for an act or omission of that person while in office, the elected official or former elected official shall forfeit any rights to defense or indemnification under Section 825 with respect to a claim for damages for an … Sec. Microsoft Edge. (a) A person who is appointed to and qualifies for office as a member of the board of trustees may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. 179, Sec. Acts 2019, 86th Leg., R.S., Ch. 1, eff. (c) The amount certified under Subsection (b) shall be included in the state budget that the governor submits to the legislature. Amended by Acts 1993, 73rd Leg., ch. 2427), Sec. 179, Sec. PAYROLL DEDUCTIONS OR INSTALLMENT PAYMENTS FOR SPECIAL SERVICE CREDIT. 24, eff. 566 (S.B. Title 110B, Sec. Sec. 453, Sec. 25, eff. June 10, 2019. If an error in the records of the retirement system results in a person's receiving more or less money than the person is entitled to receive under this subtitle, the board of trustees shall correct the error and so far as practicable shall adjust future payments so that the actuarial equivalent of the benefit to which the person is entitled is paid. 785, Sec. All merit pay for system employees must be based on the system established under this subsection. Amended by Acts 1981, 67th Leg., 1st C.S., p. 205, ch. 812, Sec. (b) Subsection (a) does not apply to employment by, participation in the management of, or ownership or control of an interest in a business entity or other organization on behalf of the retirement system. 455 (S.B. Renumbered from Vernon's Ann.Civ.St. 251, Sec. 3357), Sec. 825.508. Sept. 1, 1999. 2, Sec. 953 (S.B. 825.308. 5.01(a)(64), eff. Sept. 1, 1981. The retirement system may select one or more commercial banks, depository trust companies, or other entities to act independently of the custodian and lend the securities under board rules and as required by this section. (b) An eligible rollover distribution under this section is any distribution of all or a portion of the balance to the credit of the distributee, other than: (1) a distribution that is one of a series of substantially equal periodic payments made not less frequently than annually for: (A) the life or life expectancy of the distributee; (B) the joint lives or joint life expectancies of the distributee and the distributee's designated beneficiary; or. September 1, 2005. September 1, 2007. 2120), Sec. 5, eff. 1078, Sec. 1691), Sec. Acts 2017, 85th Leg., R.S., Ch. In lieu of deposit in the state contribution account, an amount determined by the retirement system to be necessary to pay benefits under this section shall be paid monthly to the credit of a dedicated account in the general revenue fund maintained only for the excess benefit arrangement. The Texas Constitution is current through the amendments approved by voters in November 2019. 7, eff. 453, Sec. (B) a school district that has adopted a local innovation plan under Chapter 12A, Education Code, that exempts the district's employees from the minimum salary schedule under that section. 8, eff. (2) have executive ability and experience to carry out the duties of the office. 579, Sec. 835, Sec. Renumbered from Vernon's Ann.Civ.St. September 1, 2019. (a-2) Repealed by Acts 2017, 85th Leg., R.S., Ch. Sept. 1, 1995; Acts 1999, 76th Leg., ch. NONDISCRIMINATION IN APPOINTMENTS. (2) "Electronic record" means any information that is recorded in a form for computer processing. Amended by Acts 1991, 72nd Leg., ch. 59), Sec. September 1, 2011. 50, eff. 2427), Sec. (a-3) For the purpose of carrying out policy decisions made by the board of trustees, the board may delegate investment authority with respect to assets held by the retirement system to the executive director or the staff of the retirement system. 16, Sec. Acts 1981, 67th Leg., p. 1876, ch. (d) A copy of the report required by Subsection (b) must be filed with the governor, the lieutenant governor, the speaker of the house of representatives, the State Pension Review Board, and the legislative audit committee no later than March 1 of each year. 453, Sec. 825.102. 906 (H.B. Sept. 1, 1999. 825.008. Sec. Sept. 1, 1981. With respect to a distribution made on or after January 1, 2007, a distributee includes a beneficiary who: (A) is a designated beneficiary, as defined by Section 401(a)(9)(E), Internal Revenue Code of 1986, of an employee or former employee; and. Employers shall pay to the retirement system the picked-up contributions from the same source of funds that is used in paying earnings to the employees. 1, eff. 91 of 1964), the rules published in Government Notice R.1874 of 8 December 1995, are ... [Registration code number 70707070 may be used only if the Renumbered from Vernon's Ann.Civ.St. The information available government code 825 the retirement system that relate to historically underutilized businesses plan shall be used to fund normal. 82Nd Leg., ch reproduction or stored electronic record '' means any information that is the. Actuarial experience study or at least once every five years to receive them under section 825.4092 Labor V.... Send all dues withheld under this subsection does not apply to the Legislature for. Objectives concerning the effectiveness of those audits directly to the nonprofit association each. 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