government code 825

The board of trustees by rule may prescribe the form of and procedures for filing certifications required by this section. 825.010. Sept. 1, 1989. Notwithstanding any law governing the retirement system that would otherwise limit a distributee's election under this section, a distributee may elect, at the time and in the manner prescribed by the executive director or the executive director's designee, to have any portion of an eligible rollover distribution from the retirement system paid directly to an eligible retirement plan specified by the distributee in a direct rollover. (d) The executive director or an authorized representative may certify the authenticity of a photograph, microphotograph, film, or electronic record of a record reproduced under this section and shall charge a fee for the certified photograph, microphotograph, film, or electronic record as provided by law. 5, eff. 27, eff. 930 (S.B. (g) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 453, Sec. 1, eff. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1981. 8, eff. 930 (S.B. 812, Sec. 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. 453, Sec. 455 (S.B. Added by Acts 1995, 74th Leg., ch. June 15, 1985. 1312 (H.B. Title 110B, Sec. The State Office of Risk Management shall pay to the retirement system any amounts collected on behalf of the system through subrogation of claims, regardless of the budget biennium in which the office receives the amounts. Title 110B, Sec. (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. 2, eff. 555, Sec. 12), Sec. Acts 2013, 83rd Leg., R.S., Ch. 1665), Sec. Sept. 1, 1995. LEGAL REPRESENTATION. SUBTITLE C. TEACHER RETIREMENT SYSTEM OF TEXAS. 29, eff. 1663), Sec. Acts 2013, 83rd Leg., R.S., Ch. Amended by Acts 1991, 72nd Leg., ch. Sept. 1, 1989. 1229, Sec. (2) none of the eligible creditable compensation of all other employees who: (A) do not meet the requirements of Subdivision (1)(B) but are otherwise eligible for membership in the retirement system; or. 2427), Sec. 4, eff. 1078, Sec. (a) A complaint may be filed in person, by mail or by telephone, with the Wage and Hour Division, U.S. Department of Labor. 825.301. (a) The retirement system shall deposit in the deferred retirement option account the amounts required to be deposited in the account by Section 824.804(a) and interest as required by Section 824.807. The possibility that a public entity may pay that part of a judgment that is for punitive damages shall not be disclosed in any trial in which it is alleged that a public employee is liable for punitive or exemplary damages, and that disclosure shall be grounds for a mistrial. (b) The state auditor shall pay the costs of each management audit under this section from money appropriated to the state auditor and approved for that purpose by the legislative audit committee. (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. 1691), Sec. (b) In any code of ethics adopted under this section, the board of trustees may: (1) impose enhanced disclosure requirements on employees that the board of trustees determines exercise significant fiduciary authority; (2) impose disclosure requirements on contractors for expenditures on behalf of retirement system trustees or employees in amounts equal to or greater than a minimum amount considered material by the board of trustees; or. Acts 2019, 86th Leg., R.S., Ch. (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 … Added by Acts 1993, 73rd Leg., ch. (a) This section applies to distributions made on or after January 1, 1993. Title 110B, Sec. 555, Sec. Acts 1981, 67th Leg., p. 1876, ch. (a) No later than December 1 of each year, the board of trustees shall furnish to each member a statement of the amount credited to the member's individual account as of August 31 of the preceding fiscal year. The monthly amount to be paid to the credit of the account shall be transferred to the account at least 15 days before the date of a monthly disbursement under this section. 99, Sec. (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.  Notwithstanding Section 77b(a)(1), or 15 U.S.C. Sept. 1, 1989. Acts 2007, 80th Leg., R.S., Ch. 1665), Sec. Added by Acts 2019, 86th Leg., R.S., Ch. (a) At least annually, the retirement system shall acquire and maintain records identifying members and specifying the types of positions they hold as members. 179, Sec. (2) appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the retirement system's jurisdiction. 1, eff. Acts 1981, 67th Leg., p. 1876, ch. (b-1) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1, eff. A person who does not obtain proof of service as required by this section may not establish the service or compensation credit. Section 414) these picked-up contributions may not be included as gross income of the employee until such time as they are distributed or made available. 555, Sec. (b) The retirement system is exempt from Section 651.002, Chapter 660, and Subchapter K, Chapter 659, to the extent the board of trustees determines an exemption is necessary for the performance of fiduciary duties. 20, eff. (a) Assets of the retirement system may not be used to advocate or influence the outcome of an election or the passage or defeat of any legislative measure. 555, Sec. (3) "Noneducational and general funds" means all funds of an institution of higher education except those funds used as a method of financing for an institutional appropriation in the General Appropriations Act or dedicated by the Constitution of the State of Texas. 1691), Sec. Acts 1981, 67th Leg., p. 1876, ch. The retirement system may establish a process for filing an appeal to reduce or waive a late fee imposed under this subsection. 1691), Sec. (d) The employer must remit the amount required under this section to the executive director at the same time that the employer remits the member's contribution. 4, eff. 18, eff. Title 110B, Sec. 932 (S.B. Sept. 1, 1981. (c) The records of a participant and information about the records remain confidential after release to a person as authorized by this section. PAYMENT OF CONTRIBUTIONS TO A MEMBER ABSENT FROM SERVICE. 1, eff. (E) any other information the retirement system determines is necessary to enforce this section. 1359 (S.B. Acts 2007, 80th Leg., R.S., Ch. Sept. 1, 1997. Section 78c(a)(10), any derivative instrument, and any other instrument commonly used by institutional investors to manage institutional investment portfolios. (3) report in writing to the board of trustees its conclusions and recommendations on all matters referred to it. (a) The board of trustees shall designate an actuary as its technical adviser. 3357), Sec. Sept. 1, 1995. Sept. 1, 1995. 812, Sec. 3357), Sec. 1214 (S.B. 1, eff. (D) any other information the retirement system determines is necessary to administer this section. The discovery of the assets of a public entity and the introduction of evidence of the assets of a public entity shall not be permitted in an action in which it is alleged that a public employee is liable for punitive or exemplary damages. Acts 1981, 67th Leg., p. 1876, ch. Title 110B, Sec. (2) directing the member or retiree through a written notice or e-mail to an Internet website address to access the information. 1, eff. Sept. 1, 1989. The board of trustees may employ physicians in addition to the medical board to report on special cases. Acts 1981, 67th Leg., p. 1876, ch. (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. (f) The retirement system shall comply with federal and state laws related to program and facility accessibility. Renumbered from Vernon's Ann.Civ.St. 30(1), eff. 167, Sec. 825.406. (1) "Direct rollover" means a payment by the retirement system to the eligible retirement plan specified by a distributee. Acts 2007, 80th Leg., R.S., Ch. 27, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 17.01, eff. 32, eff. 1078, Sec. (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. Interest and late fees required under this section are creditable to the interest account. (d) The records of an agent, nominee, or other entity that are maintained by the retirement system are subject to audit by the state auditor. (3) such indemnification as is authorized by the board of trustees. 729, Sec. Sept. 1, 1989. 1359 (S.B.  However, where the public entity conducted the defense pursuant to an agreement with the employee or former employee reserving the rights of the public entity not to pay the judgment, compromise, or settlement until it is established that the injury arose out of an act or omission occurring within the scope of his or her employment as an employee of the public entity, the public entity is required to pay the judgment, compromise, or settlement only if it is established that the injury arose out of an act or omission occurring in the scope of his or her employment as an employee of the public entity. A check returned for insufficient funds or a closed account shall be treated as nonpayment. 17, eff. The policy statement must include: (1) personnel policies, including policies relating to recruitment, evaluation, selection, appointment, training, and promotion of personnel that are in compliance with requirements of Chapter 21, Labor Code; (2) a comprehensive analysis of the retirement system's work force that meets federal and state guidelines; (3) procedures by which a determination can be made about the extent of underuse in the retirement system's work force of all persons for whom federal or state guidelines encourage a more equitable balance; and. RECORD CONFIDENTIALITY. 825.108. (c) If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the board of trustees of the ground. 1122, Sec. (e) All money appropriated by the state to the retirement system shall be paid to the state contribution account in equal monthly installments as provided by Section 403.093(c). 1102 (H.B. Acts 2019, 86th Leg., R.S., Ch. Renumbered from Vernon's Ann.Civ.St. Acts 2005, 79th Leg., Ch. (e) A direct trustee-to-trustee transfer on behalf of a distributee beneficiary who is not a spouse is an eligible rollover distribution. Acts 2017, 85th Leg., R.S., Ch. The report shall include a listing of all commissions and fees paid by the system during the reporting period for the sale, purchase, or management of system assets. (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. 453, Sec. Renumbered from Vernon's Ann.Civ.St. 41, eff. The board of trustees of the Teacher Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. STATEMENT OF AMOUNT IN INDIVIDUAL ACCOUNTS. 825.309. Added by Acts 1997, 75th Leg., ch. Renumbered from Vernon's Ann.Civ.St. Acts 1981, 67th Leg., p. 1876, ch. Amended by Acts 1985, 69th Leg., ch. Sec. 7, eff. 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. Acts 1981, 67th Leg., p. 1876, ch. 30, eff. Title 110B, Sec. Sec. SUBCHAPTER E. COLLECTION OF MEMBERSHIP FEES AND CONTRIBUTIONS. CERTAIN CONSULTATIONS CONCERNING INVESTMENTS. (h) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 555, Sec. 930 (S.B. RETIRED RESERVE ACCOUNT. 11.05(g), eff. 1118, Sec. September 1, 2017. 2358), Sec. 1, eff. (k) Each employer shall establish a payroll deduction plan to facilitate the payroll deductions authorized by this section and shall cooperate with the retirement system in implementing the payroll deduction method of payment for service credit. September 1, 2007. Government Code - GOV Section 825.6. (3) beginning with the report month of September 2019 and for each subsequent report month, an amount equal to the lesser of: (A) a percentage of the member's compensation equal to the rate of contribution provided for the applicable fiscal year under Subsection (e); or. 1359 (S.B. 825.3121. 2, eff. Sept. 1, 1993. (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. 1230 (H.B. The accounting firm selected to conduct the audits shall report the results of those audits directly to the committee. Notwithstanding Section 825.6, if a public entity conducted the defense of an elected official against such a claim or action and the elected official is found liable by the trier of fact, the court shall order the elected official to pay to the public entity the cost of that defense. 16, Sec. (3) address topics related to ethical conduct, including prohibited conduct, conflicts of interest, waivers of conflicts of interest, remedies for conflicts of interest, and sanctions. September 1, 2007. 2, eff. The retirement system shall deposit in the state contribution account: (1) all state contributions to the retirement system required by Section 825.404; (2) amounts from the interest account as provided by Section 825.313(b)(2); (3) retirement annuities waived or forfeited in accordance with Section 824.601 or 824.004; (4) fees collected under Section 825.403(h); (5) fees and interest for reinstatement of service credit or establishment of membership service credit as provided by Section 823.501; (6) the portion of a deposit required by Section 823.302 to establish military service credit that represents a fee; and. 455 (S.B. (g) The board of trustees shall take this section into consideration in adopting the biennial estimate of the amount necessary to pay the state's contributions to the system. 1863), Sec. This subsection does not apply to a regular, special, or emergency meeting of the board of trustees scheduled or called under the board's bylaws. Aug. 26, 1991. (C) a specified period of 10 years or more; (2) a distribution to the extent the distribution is required under Section 401(a)(9), Internal Revenue Code of 1986; or. Renumbered from Vernon's Ann.Civ.St. 1667), Sec. 35.205 by Acts 1989, 71st Leg., ch. For more detailed codes research information, including annotations and citations, please visit Westlaw. (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 … Amended by Acts 1989, 71st Leg., ch. MISCELLANEOUS BOARD DUTIES. SUBCHAPTER C. OFFICERS AND EMPLOYEES OF BOARD OF TRUSTEES. Acts 2007, 80th Leg., R.S., Ch. Renumbered from Vernon's Ann.Civ.St. Renumbered from Vernon's Ann.Civ.St. Amended by Acts 1995, 74th Leg., ch. (b) An employer described by Subsection (a) shall contribute monthly to the retirement system: (1) an amount equal to the state contribution rate then in effect multiplied by 50 percent of the aggregate eligible creditable compensation of members who are qualifying employees under Section 825.404(a-1)(1) that the employer reports to the retirement system; and. 2358), Sec. Acts 2005, 79th Leg., Ch. Any instrument or contract intended to manage transaction or currency exchange risk in purchasing, selling, or holding securities is considered to be a security. Aug. 26, 1991; Acts 1993, 73rd Leg., ch. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1989. 35.104 and amended by Acts 1989, 71st Leg., ch. 1, eff. The board of trustees shall state in writing the specific reason for its determination and may adopt rules for the implementation of this subsection. 6, Sec. (c) The percentage of the value described by Subsection (b) is determined by reference to the value of the total investment portfolio of the retirement system as of the date the retirement system executes the subscription documents for each hedge fund investment. 1078 (H.B. Sec. § 825.401 Filing a complaint with the Federal Government. Amended by Acts 1999, 76th Leg., ch. Sept. 1, 1989. In accordance with terms mutually agreed upon by both parties, the retirement system shall be subject to the relevant requirements of Chapter 412, Labor Code, only for the specific programs or services the board elects to obtain from or through the State Office of Risk Management. 35.006 and amended by Acts 1989, 71st Leg., ch. INFORMATION FOR PUBLICATION. 1, eff. Sept. 1, 1995. 1359 (S.B. Amended by Acts 1997, 75th Leg., ch. Acts 1981, 67th Leg., p. 1876, ch. 825.204. June 10, 2019. 251, Sec. (a) An employee of the retirement system may not advocate increased benefits or engage in activities to advocate or influence legislative action or inaction. 26, eff. 7, eff. MEMBER SAVINGS ACCOUNT. TRUSTEES APPOINTED BY GOVERNOR FROM NOMINEES OF BOARD OF EDUCATION. (c) Employee contributions picked up as provided by Subsection (a) shall be transmitted to the retirement system in the manner required by Section 825.403. (e-1) The retirement system shall comply with cybersecurity and information security standards established by the Department of Information Resources under Chapter 2054. 1540, Sec. Renumbered from Vernon's Ann.Civ.St. 18, 19 eff. 1359 (S.B. 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. September 1, 2013. Sec. (7) interest earned on money in the account as provided by Subsections (b) and (c) and Section 825.313(c). Renumbered from Vernon's Ann.Civ.St. 16, eff. - 825.6.] 6, eff. Sec. 1, eff. 825.404. 179, Sec. If no member or retiree is nominated for a position under Subsection (c), (d), or (e), the governor shall appoint to the applicable trustee position a person who otherwise meets the qualifications required for the position. 2427), Sec. Acts 1981, 67th Leg., p. 1876, ch. Sec. For qualifying employees under Subsection (a-1)(1), the board of trustees shall include only the amount payable by the state under Subsection (a-1)(1) in determining the amount to be certified. The attorney general shall represent the board in all litigation. June 19, 1987. TRANSFERS FROM INTEREST ACCOUNT. 1458), Sec. 2427), Sec. 812, Sec. January 1, 2020. 1118, Sec. 35.301 by Acts 1989, 71st Leg., ch. 1 to 3, eff. 542, Sec. 35.304 and amended by Acts 1989, 71st Leg., ch. 825.408. 566 (S.B. (2) is considered an inherited account or annuity to which Section 401(a)(9)(B), Internal Revenue Code of 1986, applies, except for Section 401(a)(9)(B)(iv). 455 (S.B. Sept. 1, 1981. Sept. 1, 1981. 179, Sec. A file of signals intelligence reports, messages, and correspondence issued by the Government Code and Cypher School and sent by the head ('C') of the Secret Intelligence Service (MI6) to the Prime Minister, Winston Churchill. (b-1) In determining the amount described by Subsection (b), the number of qualifying employees under Subsection (a-1)(1) whose compensation may be included for each public junior college or public junior college district in each biennium may not be adjusted in a proportion greater than the change in student enrollment at each college during the reporting period except that a college that experiences a decline in student enrollment may petition the Legislative Budget Board to maintain the number of eligible employees up to 98 percent of the level of the prior biennium. 812, Sec. 825.206. Amended by Acts 1991, 72nd Leg., ch. September 1, 2011. Sept. 1, 1999. COLLECTION OF MEMBER'S CONTRIBUTIONS. 1078 (H.B. (a) The retirement system 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 the system's securities and to lend the securities under rules adopted by the board of trustees and as required by this section. EMPLOYER PICKUP OF MEMBER CONTRIBUTIONS. 1, eff. 18, Sec. Subsection (a)(3) does not apply to a person who is nominated for appointment under Section 825.002(c), (d), or (e). Added by Acts 1993, 73rd Leg., ch. June 10, 2019. (e) The board of trustees shall develop written investment objectives concerning the investment of the assets of the retirement system. 812, Sec. On request, the retirement system may grant a waiver of the deadline imposed by this subsection based on an employer's financial or technological resources. 555, Sec. Sept. 1, 1995. Sept. 1, 1981. 35, eff. 35.105 by Acts 1989, 71st Leg., ch. Section 401). 35.208 by Acts 1989, 71st Leg., ch. The board shall also comply with federal and state laws for program and facility accessibility. The board of trustees shall adopt rules to exclude from annual compensation all or part of salary and wages in the final years of a member's employment that reasonably can be presumed to have been derived from a conversion of fringe benefits, maintenance, or other payments not includable in annual compensation to salary and wages. Acts 2017, 85th Leg., R.S., Ch. 825.213. Renumbered from Vernon's Ann.Civ.St. Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities concerning the excess benefit arrangement as it has to the trust fund. Section and government code 825 promulgated under it make the information available to the retirement system shall the! This title, records of the retirement system, a refund may be a member of the board trustees... 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