CHAPTER 861. GENERAL PROVISIONS - Texas Statutes

GOVERNMENT CODE

TITLE 8. PUBLIC RETIREMENT SYSTEMS

SUBTITLE H. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM

CHAPTER 861. GENERAL PROVISIONS

Sec. 861.001. DEFINITIONS. In this subtitle:

(1) "Actuarially sound pension system" means a system in which

the amount of contributions is sufficient to cover the normal

cost and amortize the unfunded accrued actuarial liability in a

period that does not exceed 30 years.

(2) "Auxiliary employee" means a person who receives

compensation at a rate that does not exceed the federal minimum

wage by more than $2 an hour, as established under the Fair Labor

Standards Act of 1938 (29 U.S.C. Section 201 et seq.), for

performing emergency services and is certified by a political

subdivision of this state as being regularly engaged in the

performance of duties for a participating department in an

appointive office or position that normally requires services

from the person for fewer than 1,000 hours a year, but excludes a

person who is eligible to receive credit for the same service in

either the Texas County and District Retirement System or the

Texas Municipal Retirement System.

(3) "Commissioner" means the firefighters' pension commissioner

appointed under Section 21, Texas Local Fire Fighters Retirement

Act (Article 6243e, Vernon's Texas Civil Statutes).

(4) "Dependent" means an unmarried child, natural or adopted,

who:

(A) is less than 18 years of age;

(B) is less than 19 years of age and a full-time student at an

elementary or secondary school; or

(C) became disabled before the child's 22nd birthday and remains

disabled.

(5) "Emergency services" means only those services relating to

fire, rescue, and emergency medical services, including support

services for those duties, performed by a volunteer or auxiliary

employee of a participating department.

(6) "Fund" means the Texas emergency services retirement fund.

(7) "Local board" means a local board of trustees established

under Section 865.012.

(8) "Member" means a volunteer or auxiliary employee who

participates in the pension system.

(9) "Pension system" means the Texas Emergency Services

Retirement System.

(10) "Qualified service" means service:

(A) for a participating department that is recognized as an

emergency services department by its governing body and that

conducts at least 48 hours of training in a calendar year; and

(B) that is performed by a member in good standing in the

department who:

(i) attends at least 20 hours of annual training and at least 25

percent of the department's emergencies in a calendar year;

(ii) attends at least 20 hours of annual training and provides

support services for at least 25 percent of the department's

emergencies in a calendar year; or

(iii) does not attend because the member is absent because of

military duty.

(11) "State board" means the state board of trustees established

under Section 865.001.

(11-a) "Support services" means services that directly assist in

the delivery of emergency services. The term includes directing

traffic at an emergency scene, dispatching emergency services

personnel, driving an emergency services vehicle, supplying or

maintaining equipment at an emergency scene, providing essential

recordkeeping for a participating department, and other similar

services as determined by a department.

(12) "Volunteer" means a person who performs emergency services

for civic, charitable, or humanitarian reasons, receives no

monetary compensation from a participating department, and is not

subject to the compensation requirements provided for employees

by the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et

seq.).

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

697, Sec. 1, eff. September 1, 2009.

Sec. 861.002. PENSION SYSTEM. The pension system is a public

entity. The Texas Emergency Services Retirement System is the

name by which all its business shall be transacted, all its funds

invested, and all its cash, securities, and other property held.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.003. POWERS AND PRIVILEGES. The pension system has the

powers, privileges, and immunities of a corporation as well as

the powers, privileges, and immunities conferred by this

subtitle.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.004. EXEMPTION FROM EXECUTION. All benefit payments,

contributions, money in the pension system fund, and rights

accrued or accruing under this subtitle to any person are exempt

from garnishment, attachment, state and local taxation, levies,

and any other process and are unassignable.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.005. NO DIVERSION OF ASSETS. The fund must be

maintained for the exclusive benefit of members, retirees, and

their beneficiaries. At no time before the termination of the

fund and the satisfaction of all liabilities with respect to

members, retirees, and their beneficiaries may any part of the

principal of or interest from fund assets be used for or diverted

to a purpose other than the exclusive benefit of the members,

retirees, and their beneficiaries.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.006. PLAN QUALIFICATION AND DISTRIBUTIONS. (a) The

legislature intends that this subtitle be construed and

administered in a manner so that the pension system's benefit

plan will be considered a qualified plan under Section 401(a) of

the Internal Revenue Code of 1986 (26 U.S.C. Section 401). The

state board may adopt rules that modify the plan as necessary to

meet those qualification requirements.

(b) Notwithstanding any other provision of this subtitle, all

distributions under this subtitle must be made in accordance with

applicable provisions of the Internal Revenue Code of 1986 and

regulations adopted under that code.

(c) The state board by rule may authorize an eligible rollover

distribution to be made in the form of a direct

trustee-to-trustee transfer.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.007. FORFEITURE NOT TO INCREASE BENEFITS. A forfeiture

that occurs under this subtitle may not be used to increase the

benefits that any member would otherwise receive under this

subtitle.

Added by Acts 2005, 79th Leg., Ch.

803, Sec. 1, eff. September 1, 2005.

Sec. 861.008. IMMUNITY FROM LIABILITY. The state board,

commissioner, and employees of the pension system are not liable

for any action taken or omission made or suffered by them in good

faith in the performance of any duty or prerogative in connection

with the administration of the pension system.

Added by Acts 2007, 80th Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2007.

Sec. 861.009. VENUE. An action in state court by or against the

pension system shall be brought in Travis County.

Added by Acts 2007, 80th Leg., R.S., Ch.

321, Sec. 1, eff. September 1, 2007.