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(3) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1316, Sec. 4.01(2), eff. June 14, 2013.
(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.
(5-a) "Executive director" means the person appointed executive director under Section 865.0095.
(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 (S.B. 522), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 697 (H.B. 2751), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 1.01, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1316 (S.B. 220), Sec. 4.01(2), eff. June 14, 2013.
Section: 861.001 861.002 861.003 861.004 861.005 861.006 861.007 861.008 NextLast modified: September 28, 2016