Texas Government Code Title 8, Chapter 815 - Administration

SUBCHAPTER A BOARD OF TRUSTEES

• Texas Section 815.001 - Composition Of Board Of Trustees
  The board of trustees is composed of six members. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from...
• Texas Section 815.002 - Appointed Trustees
  (a) Three members of the board of trustees are appointed with the advice and consent of the senate, one each by: (1) the governor; (2)...
• Texas Section 815.003 - Elected Trustees
  (a) Three members of the board of trustees are nominated and elected by members of the retirement system and retirees under rules adopted by the...
• Texas Section 815.0031 - Ineligibility For Board And Of Certain Employees
  (a) A person is not eligible for appointment or election to the board if the person or the person's spouse: (1) is employed by or...
• Texas Section 815.004 - Oath Of Office
  (a) Before taking office as a member of the board of trustees, a person shall subscribe to the following oath of office: I do solemnly...
• Texas Section 815.005 - Sunset Provision
  The board of trustees of the Employees Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished...
• Texas Section 815.006 - Compensation; Expenses
  (a) Notwithstanding Subchapter C of Chapter 659, trustees who are contributing members of the retirement system serve without compensation but are entitled to reimbursement for...
• Texas Section 815.007 - Voting
  (a) Each trustee is entitled to one vote. (b) At any meeting of the board, a majority of the members present is necessary for a...

SUBCHAPTER B POWERS AND DUTIES OF BOARD OF TRUSTEES

• Texas Section 815.008 - Grounds For Removal Of Trustee
  (a) It is a ground for removal from the board if a trustee: (1) violates a prohibition established by Section 815.0031; (2) cannot discharge the...
• Texas Section 815.101 - General Administration
  The board of trustees is responsible for the general administration and operation of the retirement system. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec....
• Texas Section 815.102 - Rulemaking
  (a) Subject to the limitations of this subtitle, the board of trustees may adopt rules for: (1) eligibility of membership; (2) the administration of the...
• Texas Section 815.103 - Administering System Assets
  (a) The board of trustees shall administer all assets of the retirement system. The board is the trustee of the system's assets. The board of...
• Texas Section 815.104 - Designation Of Authority To Sign Vouchers
  The board of trustees shall file with the comptroller of public accounts a duly attested copy of a board resolution that designates the authorized representatives,...
• Texas Section 815.105 - Adopting Tables
  The board of trustees shall adopt mortality, service, and other tables the board considers necessary for the retirement system after considering the results of the...
• Texas Section 815.106 - Information To Legislature
  (a) The retirement system may not use any money under its control to influence the outcome of an election or to support the passage or...
• Texas Section 815.107 - Records Of Board Of Trustees
  The board shall keep a record of all of its proceedings. Records of the board are open to public inspection. Acts 1981, 67th Leg., p....
• Texas Section 815.109 - Correction Of Errors
  If an error in the records of the retirement system results in a person receiving more or less money than the person is entitled to...
• Texas Section 815.110 - Audits
  (a) The legislative audit committee may contract with an independent and internationally recognized accounting firm with substantial experience in auditing retirement or pension plans to...

SUBCHAPTER C OFFICERS AND EMPLOYEES OF BOARD OF TRUSTEES

• Texas Section 815.111 - Miscellaneous Board Duties
  (a) The board shall provide to its trustees and employees, as often as necessary, information regarding their qualification for office or employment under this chapter...
• Texas Section 815.201 - Presiding Officer
  The board of trustees shall elect a presiding officer from the membership of the board. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1,...
• Texas Section 815.202 - Executive Director
  (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...
• Texas Section 815.203 - Legal Adviser
  The attorney general of the state is the legal adviser of the board of trustees. The attorney general shall represent the board in all litigation....
• Texas Section 815.204 - Medical Board
  (a) The board of trustees shall designate a medical board composed of three physicians. (b) To be eligible to serve as a member of the...
• Texas Section 815.205 - Other Physicians
  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....
• Texas Section 815.206 - Actuary
  (a) The board of trustees shall designate an actuary. (b) The actuary must be thoroughly qualified to be the technical adviser of the board of...
• Texas Section 815.207 - Comptroller
  (a) Except as provided by Section 815.302 or 815.303, the comptroller is the custodian of the securities, bonds, and funds of the retirement system. (b)...
• Texas Section 815.208 - Compensation Of Employees; Payment Of Expenses
  (a) The board of trustees shall compensate all persons whom it employs and shall pay all expenses necessary to operate the retirement system at rates...
• Texas Section 815.210 - Interest In Investment Profits Prohibited
  Except for an interest in retirement funds as a member of the retirement system, a trustee or employee of the board of trustees may not...
• Texas Section 815.212 - Employment Practices
  (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program. The program shall require intra-agency posting of all non-entry-level...
• Texas Section 815.213 - Ethics And Disclosure Requirements
  The board of trustees shall adopt an investment policy that includes a code of ethics. The code of ethics must contain standards of ethical conduct...

SUBCHAPTER D MANAGEMENT OF ASSETS

• Texas Section 815.214 - Subpoena
  Notwithstanding any other law, the retirement system may issue a subpoena that conforms to Rule 176, Texas Rules of Civil Procedure, including a preappeal investigative...
• Texas Section 815.301 - Investment Of Assets
  (a) The board of trustees shall: (1) invest the assets of the retirement system as a single fund without distinction as to their source; and...
• Texas Section 815.302 - Custody And Investment Of Assets Pending Transactions
  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,...
• Texas Section 815.303 - Securities Lending
  (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...
• Texas Section 815.304 - Nominee To Hold Securities
  (a) The assets of the retirement system may be held in the name of agents, nominees, depository trust companies, or other entities designated by the...
• Texas Section 815.307 - Duty Of Care
  The assets of the retirement system shall be invested and reinvested without distinction as to their source in accordance with Section 67, Article XVI, Texas...
• Texas Section 815.308 - Cash On Hand
  (a) The board of trustees shall keep a sufficient amount of cash on hand to make payments as they become due each year under the...
• Texas Section 815.309 - Crediting System Assets
  All assets of the retirement system, except assets of the law enforcement and custodial officer supplemental retirement fund, shall be credited to the trust fund...
• Texas Section 815.310 - Trust Fund
  (a) A trust fund for the Employees Retirement System of Texas is established with the comptroller. (b) All assets of the trust fund shall be...
• Texas Section 815.311 - Employees Saving Account
  (a) The retirement system shall deposit in a member's individual account in the employees saving account the following amounts: (1) the amount of contributions to...
• Texas Section 815.312 - State Accumulation Account
  (a) The retirement system shall deposit in the state accumulation account all contributions for retirement made by the state to the retirement system and transfer...
• Texas Section 815.313 - Retirement Annuity Reserve Account
  (a) The retirement system shall transfer to the retirement annuity reserve account money as required by Section 815.318, 815.319, or 815.321. (b) The retirement system...
• Texas Section 815.314 - Interest Account
  Except as provided by Section 815.317, the retirement system shall deposit in the interest account all income, interest, and dividends from deposits and investments of...
• Texas Section 815.315 - Expense Account
  (a) The retirement system shall deposit in the expense account membership fees, money required to be transferred to the account under Section 815.318, and any...
• Texas Section 815.317 - Law Enforcement And Custodial Officer Supplemental Retirement Fund
  (a) The retirement system shall deposit in the law enforcement and custodial officer supplemental retirement fund state contributions and other appropriations made by the legislature...
• Texas Section 815.318 - Transfer Of Assets From Interest Account
  (a) The retirement system shall transfer from the interest account to the employees saving account amounts of interest computed under Section 815.311 at the following...
• Texas Section 815.319 - Transfer Of Assets On Retirement And Restoration To Active Service
  (a) When a member retires, the retirement system shall transfer: (1) from the employees saving account to the retirement annuity reserve account, an amount equal...
• Texas Section 815.321 - Transfer Of Assets For Death Benefit Annuities
  (a) When a member dies who selected or was eligible to select a death benefit plan, or whose beneficiary is eligible to receive an annuity...

SUBCHAPTER E COLLECTION OF MEMBERSHIP FEES AND CONTRIBUTIONS

• Texas Section 815.322 - Transfer Of Assets To Adjust Amount In Retirement Annuity Reserve Account
  After making the transfers required by Section 815.318, the executive director shall make a transfer to make the amount in the retirement annuity reserve account...
• Texas Section 815.401 - Collection Of Membership Fees
  (a) Each member annually shall pay a membership fee of $2. A contributing member shall pay the fee with the member's first contribution to the...
• Texas Section 815.402 - Collection Of Member Contributions
  (a) Except as provided by Section 813.201, each payroll period, each department or agency of the state shall cause to be deducted from each member's...
• Texas Section 815.403 - Collection Of State Contributions
  (a) During each fiscal year, the state shall contribute to the retirement system: (1) an amount equal to 7.4 percent of the total compensation of...
• Texas Section 815.4035 - Collection Of State Retirement Contribution
  (a) Except as provided by Section 813.201, the board of trustees shall assess each employer whose employees are members of the retirement system a state...
• Texas Section 815.404 - Use Of Federal Money
  If federal regulations prohibit an agency's use of money provided under federal job training laws as state contributions, an agency shall use other money available...

SUBCHAPTER F MISCELLANEOUS ADMINISTRATIVE PROCEDURES

• Texas Section 815.406 - Employer Pickup Of Member Contributions
  (a) The state shall pick up the employee contribution required of each of its employees by Section 815.402 for all compensation earned after December 31,...
• Texas Section 815.501 - Statement Of Amount In Individual Accounts
  (a) No later than December 1 of each year, the retirement system shall furnish to each member a statement of the amount credited to the...
• Texas Section 815.5021 - Payment To Alternate Beneficiary
  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...
• Texas Section 815.503 - Records
  (a) Records of members, annuitants, retirees, beneficiaries, and alternate payees under retirement plans administered by the retirement system that are in the custody of the...
• Texas Section 815.504 - Reproduction And Preservation Of Records
  (a) The retirement system may photograph, microphotograph, or film any record in its possession or preserve the record through electronic document imaging. (b) If a...
• Texas Section 815.505 - Certification Of Names Of Law Enforcement And Custodial Officers
  Not later than the 12th day of the month following the month in which a person begins or ceases employment as a law enforcement officer...
• Texas Section 815.506 - Budget And Actuarial Information
  The retirement system shall keep, in convenient form, data necessary for actuarial valuation of the funds of the retirement system and for checking the system's...
• Texas Section 815.507 - Plan Qualification
  (a) It is intended that the provisions of this subtitle be construed and administered in a manner that the retirement system's benefit plan will be...
• Texas Section 815.5071 - Trustee-to-trustee Transfer
  Notwithstanding Section 811.005 and to the extent required as a condition of plan qualification under Section 401(a) of the Internal Revenue Code of 1986 (26...
• Texas Section 815.5072 - Excess Benefit Arrangement
  (a) A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system. This excess benefit arrangement shall be administered...
• Texas Section 815.508 - Complaint Files
  (a) The retirement system shall keep an information file about each complaint filed with the system that the system has authority to resolve. (b) If...
• Texas Section 815.509 - Advisory Committees
  (a) The board of trustees may establish advisory committees as it considers necessary to assist it in performing its duties. Members of advisory committees established...
• Texas Section 815.5091 - Membership On Advisory Committee On Investments
  (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...
• Texas Section 815.5092 - Ineligibility For Membership On Advisory Committee On Investments
  (a) A person is not eligible for appointment to an advisory committee established by the board of trustees to provide advice to the board on...
• Texas Section 815.5093 - Review Of And Removal From Advisory Committee On Investments
  (a) The board of trustees shall at least annually review the eligibility status of members serving on an advisory committee established to provide advice to...
• Texas Section 815.510 - Annual Report
  (a) The Employees Retirement System of Texas shall submit a report not later than the 25th day of the month following the end of each...
• Texas Section 815.511 - Administrative Decision; Appeal And Negotiation
  (a) A person aggrieved by a decision of the retirement system relating to any program or system administered by the system under this code denying...
• Texas Section 815.5111 - Diligent Prosecution Of Suit
  The plaintiff shall prosecute with reasonable diligence any suit brought under Section 815.511(f). If the plaintiff does not secure proper service of process or does...
• Texas Section 815.512 - Protection From Double Or Multiple Liability
  (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...
• Texas Section 815.513 - Exclusive Remedies
  The remedies provided under this chapter are the exclusive remedies available to a member, retiree, beneficiary, or alternate payee. Added by Acts 2005, 79th Leg.,...
• Texas Section 815.514 - Mailings On Behalf Of Nonprofit Association
  The retirement system may make mailings on behalf of a nonprofit association of active or retired state employees described by Section 814.009, for purposes of...
• Texas Section 815.515 - Disposition Of Unclaimed Contributions Of Former Members
  (a) Subject to Chapters 803 and 805, if the retirement system has not received a request for a refund of the accumulated contributions of a...

Last modified: September 28, 2016