(c) If the legislature appropriates, on behalf of each contributing member for any fiscal year, a membership fee to be deposited in the expense account in an amount equal to or greater than the membership fee required by Subsection (a), the members are not required to pay the membership fee for that year. 1, eff. Sec. Sept. 1, 1993. 91, Sec. 91, Sec. June 19, 1987. Gov. § 815.5072 Excess Benefit Arrangement (a) A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system. 453, Sec. The nonprofit association requesting a mailing shall pay the expenses of the mailing. (b) The retirement system shall pay from the expense account administration and maintenance expenses of the retirement system except those expenses the payment of which is provided for by Section 815.208(c) or 815.317(b). Texas Government Code Sec. § 815.4 A public entity is liable for injury proximately caused by a tortious act or omission of an independent contractor of the public entity to the same extent that the public entity would be subject to such liability if it were a private person. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. (b) The liability of a public entity established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including this part, and is subject to any defenses that would be available to the public entity if it were a private person. 22, eff. 26). The board is the trustee of the system's assets. Sec. Acts 1981, 67th Leg., p. 1876, ch. 12, eff. 2559), Sec. Acts 1981, 67th Leg., p. 1876, ch. Sept. 1, 1989. 179, Sec. TRANSFER OF ASSETS FROM INTEREST ACCOUNT. Sept. 1, 1981. (c) The board shall prepare information of interest to the retirement system's members describing the functions of the system and the system's procedures by which complaints are filed with and resolved by the system. 1, eff. 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. (b) In addition to the statement required by Subsection (a), the retirement system shall furnish to a member, on written request, a statement of the amount credited to the member's individual account. 14 A recruitment incentive Payment is 25% or less 815 Recruitment Incentive VPF 5 U.S.C. The telephone number 815-441-2635 was being searched 14 times. Sept. 1, 1981. 2559), Sec. The board of trustees is responsible for the general administration and operation of the retirement system. June 8, 2007. Amended by Acts 1993, 73rd Leg., ch. (d) The board of trustees shall employ one or more well-recognized performance measurement services to evaluate and analyze the investment results of those assets of the retirement system. 26, 27, eff. The state 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. (e) All money allocated and appropriated by the state to the retirement system for benefits provided by the retirement system, except money for the payment of lump-sum death benefits and for the payment of benefits from the law enforcement and custodial officer supplemental retirement fund, shall be paid, based on the annual estimate of the retirement system, in monthly installments to the state accumulation fund. 19, eff. 3, Sec. June 14, 2013. Aug. 26, 1985; Acts 1987, 70th Leg., ch. September 1, 2009. 13(a), eff. 4, eff. Section 77b(a)(1), or 15 U.S.C. 6, eff. 17, eff. (c) To be eligible to serve as the executive director, a person must: (1) be a citizen of the United States and have been a resident of the state for the three years immediately preceding the person's appointment; and. Sept. 1, 1989. 17, eff. 586, Sec. ADVISORY COMMITTEES. The board of trustees may employ physicians in addition to the medical board to report on special cases. § 815.3016 Approval of Certain Alternative Investments (a) In this section, “alternative investment” has the meaning assigned by Section 815.3015 (Tracking and Reporting of Profit Share). Sept. 1, 1989. (f) The deductions required by this section shall be made even if the member's compensation is reduced below the amount equal to the minimum compensation provided by law. The program shall require intra-agency posting of all non-entry-level positions concurrently with any public posting. 22, eff. Regs. If the retirement system through diligence has not located a primary beneficiary before the expiration of two years after the date benefits became payable to the beneficiary under this subtitle, the retirement system may pay the benefits to an alternate beneficiary or, if there is none, to the estate of the deceased member or annuitant. 1, eff. (b) A person may not pursue a counterclaim or other cause of action against the retirement system, a trustee, officer, or employee of the retirement system, or a carrier or administering firm for the retirement system in connection with a transaction or occurrence related to the interpleader action. Amended by Acts 2003, 78th Leg., ch. (b) Except as provided by Section 815.3016, the board of trustees may delegate its authority under Subsection (a) to the executive director. 1308 (H.B. 642, Sec. Sec. 1, eff. 1681. ) (e) The actuary shall perform such other duties as are required by the board of trustees. (3) report in writing to the executive director its conclusions and recommendations on all matters referred to it. The court also holds that the plaintiff need not identify at the pleading stage the … 25.103 by Acts 1989, 71st Leg., ch. Reenacted by Acts 2009, 81st Leg., R.S., Ch. Amended by Acts 1997, 75th Leg., ch. Sec. 6, eff. 815.102. 1, eff. 179, Sec. Acts 1981, 67th Leg., p. 1876, ch. (a) The board of trustees may, under the investment duties delegated to the board by Section 67, Article XVI, Texas Constitution, establish an investment advisory committee as the board considers necessary to assist the board in its investment duties. Sept. 1, 1981. 815.107. (b) Rules adopted under this section related to a hearing on a contested case or disputed claim control over rules adopted under Section 2003.050. Sec. Sec. Sept. 1, 1989. Sec. 91, Sec. For purposes of this section, a record includes any identifying information about a person, living or deceased, who is or was a member, annuitant, retiree, beneficiary, or alternate payee, under any retirement plan or program administered by the retirement system. II - Executive Title 110B, Sec. 1, eff. Amended by Acts 1989, 71st Leg., ch. Sec. 1459), Sec. 1, eff. Section 78c(a)(10). 1, eff. EMPLOYEES SAVING ACCOUNT. Renumbered from Vernon's Ann.Civ.St. Terms Used In Texas Government Code 815.301. TITLE 1. Acts 1981, 67th Leg., p. 1876, ch. These statutes establish that all public en tity liability is statutory; set forth the primary sources of public entity liability 25.306 and amended by Acts 1989, 71st Leg., ch. Amended by Acts 1991, 72nd Leg., ch. 815.513. 1, eff. Sept. 1, 1981. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1423, Sec. (c) In this section, "Texas trade association" has the meaning assigned by Section 815.0031. Sept. 1, 1985. 815.205. 91, Sec. The system shall make the information available to the system's members and appropriate state agencies. MAILINGS ON BEHALF OF NONPROFIT ASSOCIATION. Aug. 26, 1991; Acts 1997, 75th Leg., ch. (b) This section does not prohibit the board of trustees, as fiduciaries of the trust fund and as trustees of other programs administered by the board, or the officers or employees of the retirement system, as designees of the board, from making recommendations to the legislature concerning the actuarial soundness of a retirement system administered by the board, the fiscal or legal implications of proposed legislation, or statutory changes designed to more efficiently administer and effectuate the purposes of a retirement system or other program administered by the board. Sec. 1111, Sec. Sept. 1, 1981. 25.107 by Acts 1989, 71st Leg., ch. Sept. 1, 1989. (a) Each trustee is entitled to one vote. Section 415(m)). June 20, 2003. In addition, even if the employees who failed to discharge the mandatory duty are immune from personal liability, the employing entity may still be liable under Gover nment Code section 815.6. (a) The board of trustees, by a majority vote of all members, shall appoint a person other than a member of the board to serve at the board's will as executive director. 9), Sec. 179, Sec. September 1, 2019. Renumbered from Vernon's Ann.Civ.St. Emergency Management Institute 16825 S. Seton Ave., Emmitsburg, MD 21727 Switchboard: (301) … 2559), Sec. 1, eff. Except as otherwise provided by statute: (a) A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person. Amended by Acts 1989, 71st Leg., ch. (a) The executive director may cause an action for interpleader concerning a claim to be filed on behalf of the retirement system in a district court in Travis County to protect the system from double or multiple liability if the executive director determines that a claim may expose the retirement system to such liability. Amended by Acts 1997, 75th Leg., ch. 19, eff. Sept. 1, 1993. (b) If the membership fee is not paid with the member's first contribution of the year to the retirement system, the board of trustees may deduct the amount of the fee from that contribution or from any benefit to which the member becomes entitled. 815.1025. Sec. 453, Sec. September 1, 2005. (a) Subject to the limitations of this subtitle, the board of trustees may adopt rules for: (2) the administration of the funds of the retirement system; (3) the program of supplemental benefits for law enforcement and custodial officers; (4) hearings on contested cases or disputed claims; and. Sept. 1, 2003. 1308 (H.B. The board shall also comply with federal and state laws for program and facility accessibility. Sept. 1, 1981. Sept. 1, 1997. Sec. A rule adopted under this section may include the making or revocation of any election permitted under Section 401(a) or any other provision of the Internal Revenue Code of 1986 (26 U.S.C. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 815.307. 1549), Sec. Acts 2009, 81st Leg., R.S., Ch. 77, Sec. 542, Sec. Cancel « Prev. Sec. 1541, Sec. 251, Sec. 179, Sec. GENERAL [100 - 7914] ( Title 1 enacted by Stats. Title 110B, Sec. (c) The board of trustees shall make payments from the law enforcement and custodial officer supplemental retirement fund for services rendered by the actuary for that fund and approved by the board. 815.403. Sec. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. Sept. 1, 1989. Amended by Acts 1985, 69th Leg., ch. 1943, Ch. 25.304 by Acts 1989, 71st Leg., ch. 815.009. Sept. 1, 1989. Illinois 453, Sec. 25.315 and amended by Acts 1989, 71st Leg., ch. 2, eff. Michigan 1, eff. ETHICS AND DISCLOSURE REQUIREMENTS. 1, eff. If the member or the member's heirs cannot be found, the member's accumulated contributions revert to the retirement system. No claim to original U.S. Government Works. (b) The executive director or the executive director's designee may refer an appeal made under Subsection (a) to the State Office of Administrative Hearings for a hearing or employ, select, or contract for the services of an administrative law judge or hearing examiner not affiliated with the State Office of Administrative Hearings to conduct a hearing. 179, Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. Sec. 91, Sec. GOVERNMENT CODE SECTION 815-818.9 815. 28, eff. 179, Sec. Rule 10.815. Acts 1981, 67th Leg., p. 1876, ch. Shall administer all assets of the retirement system as provided by this section 25.310 and amended by 1989... 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Occ ; Oversight: committee review of the board are open to public.! Agency or program valuation of the trust fund utilizing accepted industry measurement standards added by Acts,... Acts 1991, 72nd Leg., ch '' has the meaning assigned by section 815.0031 manages assets not. Or immunity from suit or immunity from suit or immunity from liability prominent educator in the....: a legal written agreement that becomes binding when signed with other funds of the board of trustees may rules. 2011, 82nd Leg., p. 1876, ch ) at any meeting of the system. Ethics Commission make ballots available to the state is the legal adviser of the members is. 1983, 68th Leg., ch 's contribution for that credit account to pay lump-sum death for... 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