Title GV, Government Code

Sec. 865.0035. STATE BOARD MEMBER TRAINING. (a) A person who is appointed to and qualifies for office as a member of the state board may not vote, deliberate, or be counted as a member in attendance at a meeting of the state board until the person completes a training program tha…

Sec. 865.004. VOTING. (a) Each trustee of the state board is entitled to one vote. Except as provided by Subsection (b), at any meeting of the state board, a vote by a majority of the trustees present is necessary for a decision by the trustees. (b) The concurrence of a majority …

Sec. 865.005. GROUNDS FOR REMOVAL OF TRUSTEES. (a) It is a ground for removal from the state board that a trustee: (1) does not have at the time of appointment the qualifications required by Section 865.001; (2) does not maintain during service on the state board the qualificatio…

Sec. 865.006. GENERAL DUTIES OF STATE BOARD. (a) The state board shall employ a certified public accountant, an actuary, and an investment consultant for the fund and may acquire computer, custodial, or investment management services for the fund. The costs of accounting, actuari…

Sec. 865.0061. WRITTEN POLICY ON MANAGING AND ADMINISTERING CONTRACTS. The state board shall adopt a written policy, including procedures, to guide staff in managing and administering contracts entered into by or on behalf of the pension system. The written policy adopted under t…

Sec. 865.007. ADMINISTERING SYSTEM ASSETS. (a) The state board shall administer all assets of the pension system. The state board is the trustee of the pension system's assets. (b) The state board may acquire, hold, manage, purchase, sell, assign, trade, transfer, and dispose of …

Sec. 865.008. INVESTMENT OF ASSETS. (a) If a surplus exists in the fund over the amount necessary to pay benefits due for a reasonable period of time, the state board shall invest the surplus. (b) The assets of the pension system shall be invested and reinvested in accordance wit…

Sec. 865.009. TRUST FUND. The Texas emergency services retirement fund is a trust fund established with the comptroller. Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005.

Sec. 865.0095. EXECUTIVE DIRECTOR. (a) The state board, by a majority vote of all members, shall appoint a person other than a member of the state board to serve at the state board's will as executive director. (b) To be eligible to serve as the executive director, a person must:…

Sec. 865.010. EXECUTIVE DIRECTOR'S DUTIES. (a) The executive director shall oversee the distribution of all benefits. (b) The executive director shall collect the revenues for the fund from the governing bodies of participating departments. (c) The executive director may request …

Sec. 865.011. RECORDS AND REPORTS. (a) The executive director may at any reasonable time examine the: (1) records and accounts of a local board; and (2) membership records of a participating department head. (b) The executive director shall: (1) require in a timely manner periodi…

Sec. 865.0115. PARTICIPATING DEPARTMENT HEAD. (a) Except as provided by Subsection (b), the chief, designated leader, or other executive head of a participating department is the participating department head. (b) Subject to the approval of the executive director, the governing b…

Sec. 865.0116. PARTICIPATING DEPARTMENT HEAD'S DUTIES. The participating department head: (1) is responsible for: (A) enrolling new members in the pension system; and (B) maintaining current and accurate membership records; and (2) shall provide information to the pension system …

Sec. 865.012. LOCAL BOARD. (a) A local board is composed of: (1) one trustee selected by the governing body of the political subdivision; (2) except as provided by Subsection (a-1), three trustees who are active members representing a participating department chosen by a majority…

Sec. 865.0121. DELEGATION OF LOCAL BOARD DUTIES. The state board by rule may adopt a procedure by which the duties of a local board may be delegated to the executive director if: (1) trustees of the local board have not been appointed under Section 865.012(a) or (a-1); or (2) the…

Sec. 865.013. MONITORING OF CONTRIBUTION SUBMISSION. A local board shall monitor the timely submission of required contributions to the executive director. Added by Acts 2005, 79th Leg., Ch. 803 (S.B. 522), Sec. 1, eff. September 1, 2005. Amended by: Acts 2013, 83rd Leg., R.S., C…

Sec. 865.014. LOCAL CONTRIBUTIONS. (a) The governing body of a political subdivision shall contribute for each member performing emergency services or support services for the participating department for each month of service beginning on the date that the member enters the pens…

Sec. 865.015. STATE CONTRIBUTIONS. (a) The state shall contribute the amount necessary to make the pension system actuarially sound each year, except that for each fiscal year in which the legacy liability has not been fully paid, the state shall make an actuarially determined pa…

Sec. 865.016. ADMINISTRATIVE PENALTY. (a) The state board may impose an administrative penalty on a local board that fails to file a required report in a timely manner. (b) The amount of the penalty may not exceed $5,000. The amount shall be based on: (1) the seriousness of the v…

Sec. 865.017. INTERRUPTION OF PAYMENTS. (a) The pension system shall withhold payment of a monthly retirement annuity if a participating department attempts to provide information to the executive director relating to continued eligibility to receive the payments and the recipien…

Sec. 865.018. CERTIFICATION OF FUND. (a) In this section, "qualified actuary" means a fellow of the Society of Actuaries or a member of the American Academy of Actuaries who has at least five years of experience with public retirement systems. (b) The executive director and the s…

Sec. 865.019. CONFIDENTIALITY OF INFORMATION ABOUT MEMBERS, RETIREES, AND BENEFICIARIES. (a) Information contained in records that are in the custody of the pension system concerning an individual member, retiree, or beneficiary is confidential under Section 552.101 and may not b…

Sec. 865.020. MEDICAL BOARD. (a) The state board shall designate a medical board composed of three physicians. (b) To be eligible to serve as a member of the medical board, a physician must be licensed to practice medicine in the state and be of good standing in the medical profe…

Sec. 865.021. COMPLAINT FILES. (a) The pension system shall maintain a system to promptly and efficiently act on complaints filed with the system. The system shall maintain information about: (1) parties to the complaint; (2) the subject matter of the complaint; (3) a summary of …