Texas Government Code Title 8, Chapter 825 - Administration

SUBCHAPTER A BOARD OF TRUSTEES

• Texas Section 825.001 - Composition Of Board Of Trustees
  The board of trustees is composed of nine members. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from...
• Texas Section 825.002 - Trustees Appointed By Governor
  (a) The governor shall appoint, with the advice and consent of the senate and as provided by this section, seven members of the board of...
• Texas Section 825.003 - Trustees Appointed By Governor From Nominees Of Board Of Education
  The governor shall appoint two members of the board of trustees, subject to confirmation by two-thirds of the senate, from lists of nominees submitted by...
• Texas Section 825.0031 - Nondiscrimination In Appointments
  Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees. Added by...
• Texas Section 825.0032 - Ineligibility For Board And Of Certain Employees
  (a) Except as provided by Subsection (b), a person is not eligible for appointment to the board if the person or the person's spouse: (1)...
• Texas Section 825.004 - Terms Of Office; Filling Vacancies
  (a) Members of the board of trustees hold office for terms of six years. (b) A vacancy in the office of a trustee shall be...
• Texas Section 825.0041 - Board Member Training
  (a) A person who is appointed to and qualifies for office as a member of the board of trustees may not vote, deliberate, or be...
• Texas Section 825.005 - Oath Of Office
  Before taking office as a trustee, a person shall take the constitutional oath prescribed for officers of the state. Acts 1981, 67th Leg., p. 1876,...
• Texas Section 825.006 - Sunset Provision
  The board of trustees of the Teacher Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished...
• Texas Section 825.007 - Compensation; Expenses
  Trustees serve without compensation but are entitled to reimbursement from the expense account of the retirement system for all necessary expenses that they incur in...
• Texas Section 825.008 - Voting
  Each trustee is entitled to one vote. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Renumbered from Vernon's Ann.Civ.St....
• Texas Section 825.009 - Leave For Member Trustees
  (a) A trustee appointed from a slate of members nominated by members of the retirement system under Section 825.002 is entitled to leave with pay...

SUBCHAPTER B POWERS AND DUTIES OF BOARD OF TRUSTEES

• Texas Section 825.010 - Grounds For Removal Of Trustee
  (a) It is a ground for removal from the board of trustees that a trustee: (1) does not have at the time of taking office...
• Texas Section 825.101 - General Administration
  The board of trustees is responsible for the general administration and operation of the retirement system. Notwithstanding any other law, the board of trustees has...
• Texas Section 825.102 - Rulemaking
  Subject to the limitations of this subtitle, the board of trustees may adopt rules for: (1) eligibility for membership; (2) the administration of the funds...
• Texas Section 825.1025 - Negotiated Rulemaking; Alternative Dispute Resolution
  (a) The board of trustees shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008 for the...
• Texas Section 825.103 - Administering System Assets
  (a) The board of trustees is the trustee of all assets of the retirement system. (b) The board may invest and reinvest the retirement system's...
• Texas Section 825.104 - Designation Of Authority To Sign Vouchers
  (a) The board of trustees shall file with the comptroller of public accounts an attested copy of a board resolution that designates the persons authorized...
• Texas Section 825.105 - Adopting Rates And Tables
  The board of trustees shall adopt rates and mortality, service, and other tables the board considers necessary for the retirement system after considering the results...
• Texas Section 825.107 - Records Of Board Of Trustees
  (a) The board of trustees shall keep, in convenient form, data necessary for: (1) actuarial valuation of the accounts of the retirement system; and (2)...
• Texas Section 825.108 - Reports
  (a) No later than December 15 of each year, the board of trustees shall publish a report in the Texas Register containing the following information:...
• Texas Section 825.109 - Correction Of Errors
  If an error in the records of the retirement system results in a person's receiving more or less money than the person is entitled to...
• Texas Section 825.110 - Determination Of Annual Compensation
  The board of trustees shall adopt rules to exclude from annual compensation all or part of salary and wages in the final years of a...
• Texas Section 825.111 - Management Audit
  (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...
• Texas Section 825.112 - Insurance
  Notwithstanding any other law, the board of trustees may self-insure or purchase any insurance, including fiduciary and liability coverage for trust assets or for the...
• Texas Section 825.113 - Miscellaneous Board Duties
  (a) The executive director or the executive director's designee shall provide to its trustees and employees, as often as necessary, information regarding their qualification for...
• Texas Section 825.114 - 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...

SUBCHAPTER C OFFICERS AND EMPLOYEES OF BOARD OF TRUSTEES

• Texas Section 825.115 - Applicability Of Certain Laws
  (a) Except as provided by this section, the board of trustees is subject to the open meetings law, Chapter 551, and the administrative procedure law,...
• Texas Section 825.201 - Presiding Officer
  The governor shall designate a member of the board as the presiding officer of the board to serve in that capacity at the pleasure of...
• Texas Section 825.202 - Executive Director
  (a) The board of trustees, by a majority vote of all members, shall appoint an executive director. (b) The executive director may not be a...
• Texas Section 825.203 - Legal Representation
  (a) The attorney general of the state is the legal adviser of the board of trustees. The attorney general shall represent the board in all...
• Texas Section 825.204 - Medical Board
  (a) The board of trustees shall appoint a medical board composed of three physicians. (b) To be eligible to serve as a member of the...
• Texas Section 825.205 - 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 825.206 - Actuary
  (a) The board of trustees shall designate an actuary as its technical adviser. (b) At least once every five years the actuary, on authorization of...
• Texas Section 825.207 - Comptroller
  (a) Except as provided by Section 825.302 or 825.303 or by Subsection (e) of this section, the comptroller is the custodian of all securities and...
• Texas Section 825.208 - Compensation Of Employees; Payment Of Expenses
  (a) Notwithstanding any other law, the board of trustees shall approve the rate of compensation of all persons it employs and the amounts necessary for...
• Texas Section 825.210 - Interest In Investment Profits Prohibited
  Except for an interest in the retirement assets as a member of the retirement system, a trustee or employee of the board of trustees may...
• Texas Section 825.212 - Retirement System Ethics Policy
  (a) The board of trustees shall adopt a code or codes of ethics, including standards of ethical conduct and disclosure requirements, applicable to: (1) trustees;...
• Texas Section 825.213 - Employment Practices
  (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for employees...
• Texas Section 825.214 - Financial Auditor
  A person employed to perform a financial audit of the retirement system must be selected by and report to the board of trustees. Added by...

SUBCHAPTER D MANAGEMENT OF ASSETS

• Texas Section 825.215 - Advocacy Prohibited
  (a) An employee of the retirement system may not advocate increased benefits or engage in activities to advocate or influence legislative action or inaction. Advocacy...
• Texas Section 825.301 - Investment Of Assets
  (a) The board of trustees shall invest and reinvest assets of the retirement system without distinction as to their source in accordance with Section 67,...
• Texas Section 825.3011 - Certain Consultations Concerning Investments
  (a) In this section, "private investment fund," "reinvestment," and "restricted securities" have the meanings assigned by Section 552.143. (b) Chapter 551 does not require the...
• Texas Section 825.3012 - Investment In Certain Hedge Funds Limited
  (a) For the purposes of this section, "hedge fund" means a private investment vehicle that: (1) is not registered as an investment company; (2) issues...
• Texas Section 825.302 - 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 825.3021 - Appraisal And Sale Of Real Property
  If the retirement system acquires, through foreclosure or conveyance of deed in lieu of foreclosure, real property assets or stock in an entity the major...
• Texas Section 825.303 - Securities Custody And 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 825.304 - 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 825.305 - Available Cash
  The board of trustees may keep on deposit with the comptroller available cash not exceeding 10 percent of the total assets of the retirement system,...
• Texas Section 825.306 - Crediting System Assets
  The assets of the retirement system shall be credited, according to the purpose for which they are held, to one of the following accounts: (1)...
• Texas Section 825.307 - Member Savings Account
  (a) The retirement system shall deposit in a member's individual account in the member savings account: (1) the amount of contributions to the retirement system...
• Texas Section 825.308 - State Contribution Account
  The retirement system shall deposit in the state contribution account: (1) all state contributions to the retirement system required by Section 825.404; (2) amounts from...
• Texas Section 825.309 - Retired Reserve Account
  (a) The retirement system shall transfer to the retired reserve account: (1) from the member savings account, an amount equal to the accumulated contributions in...
• Texas Section 825.311 - Interest Account
  In the interest account the retirement system shall: (1) deposit all income, interest, and dividends from deposits and investments of assets of the retirement system;...
• Texas Section 825.312 - Expense Account
  (a) The retirement system shall deposit in the expense account: (1) money transferred from the interest account under Section 825.313(d) and (2) money received from...
• Texas Section 825.3121 - Deferred Retirement Option Account
  (a) The retirement system shall deposit in the deferred retirement option account the amounts required to be deposited in the account by Section 824.804(a) and...
• Texas Section 825.313 - Transfers From Interest Account
  (a) Annually, the retirement system shall transfer from the interest account to the state contribution account amounts accumulated under Section 825.311(2). (b) On August 31...
• Texas Section 825.314 - Use Of State Contributions
  The retirement system shall use all assets contributed by the state to pay benefits authorized by this subtitle. Acts 1981, 67th Leg., p. 1876, ch....

SUBCHAPTER E COLLECTION OF MEMBERSHIP FEES AND CONTRIBUTIONS

• Texas Section 825.315 - Prohibited Use Of Assets
  (a) Assets of the retirement system may not be used to advocate or influence the outcome of an election or the passage or defeat of...
• Texas Section 825.402 - Rate Of Member Contributions
  The rate of contributions for each member of the retirement system is: (1) five percent of the member's annual compensation or $180, whichever is less,...
• Texas Section 825.403 - Collection Of Member's Contributions
  (a) Each payroll period, each employer shall deduct from the compensation of each member employed by the employer the amount required by Section 825.402. (b)...
• Texas Section 825.4035 - Employer Contributions For Certain Employed Members For Whom The Employer Is Not Making Contributions To The Federal Old-age, Survivors, And Disability Insurance Program
  (a) This section: (1) applies to an employer who reports to the retirement system under Section 825.403 the employment of a member for whom the...
• Texas Section 825.404 - Collection Of State Contributions
  (a) Except as provided by Subsection (a-1), during each fiscal year, the state shall contribute to the retirement system an amount equal to at least...
• Texas Section 825.4041 - Employer Payments
  (a) For purposes of this section, a new member is a person first employed on or after September 1, 2005, including a former member who...
• Texas Section 825.405 - Contributions Based On Compensation Above Statutory Minimum
  (a) For members entitled to the minimum salary for certain school personnel under Section 21.402, Education Code, and for members who would have been entitled...
• Texas Section 825.406 - Collection Of Contributions From Federal Or Private Sources; Offense; Penalty
  (a) If an employer applies for money provided by the United States, an agency of the United States, or a privately sponsored source, and if...
• Texas Section 825.407 - Collection Of Contributions From Noneducational And General Funds
  (a) In this section: (1) "General academic teaching institution" has the meaning assigned by Section 61.003, Education Code. (2) "Medical and dental unit" has the...
• Texas Section 825.4071 - Collection Of Contributions From Employers That Are Public Junior Colleges Or Public Junior College Districts
  (a) This section applies to an employer that is a public junior college or a public junior college district. (b) An employer described by Subsection...
• Texas Section 825.408 - Interest On Contributions And Fees; Deposits In Trust
  (a) An employer that fails to remit, before the seventh day after the last day of a month, all member and employer deposits and documentation...
• Texas Section 825.409 - Employer Pickup Of Member Contributions
  (a) Each employer shall pick up the employee contribution required of each of its employees by Section 825.403 for all compensation earned after December 31,...
• Texas Section 825.4092 - Employer Contributions For Employed Retirees
  (a) This section applies to an employer who reports to the retirement system the employment of a retiree. (b) Except as provided by Subsection (e),...

SUBCHAPTER F MISCELLANEOUS ADMINISTRATIVE PROCEDURES

• Texas Section 825.410 - Payroll Deductions Or Installment Payments For Special Service Credit
  (a) Payments to establish special service credit as authorized under this subtitle, other than service credit that may only be determined and paid for at...
• Texas Section 825.501 - Statement Of Amount In Individual Accounts
  (a) No later than December 1 of each year, the board of trustees shall furnish to each member a statement of the amount credited to...
• Texas Section 825.502 - Payment Of Contributions To A Member Absent From Service
  (a) If a demand for the accumulated contributions of a member with fewer than five years of service has not been made in accordance with...
• Texas Section 825.503 - Reproduction And Preservation Of Records
  (a) The retirement system may photograph, microphotograph, or film, or use electronic storage for, all records pertaining to a member's individual file, accounting records, district...
• Texas Section 825.504 - Employer Certification To Board
  (a) An employer annually shall certify to the board of trustees the beginning date of the contract of each member whose contract year begins after...
• Texas Section 825.505 - Audits
  For the purpose of determining the propriety of contributions or credits, the records of an employer concerning the employment and compensation of its personnel are...
• Texas Section 825.506 - 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 825.507 - Record Confidentiality
  (a) Records of a participant and information about the records of a participant that are in the custody of the retirement system or of an...
• Texas Section 825.508 - Powers Of Attorney
  (a) A person entitled to payment of an annuity or other benefits administered by the retirement system may direct the retirement system to treat as...
• Texas Section 825.509 - Direct Rollovers
  (a) This section applies to distributions made on or after January 1, 1993. Notwithstanding any law governing the retirement system that would otherwise limit a...
• Texas Section 825.511 - Complaint Files
  (a) The retirement system shall maintain a system to promptly and efficiently act on complaints filed with the system that the system has authority to...
• Texas Section 825.512 - Investment Practices And Performance Reports
  (a) The legislative audit committee biennially shall select an independent firm with substantial experience in evaluating institutional investment practices and performance to evaluate the retirement...
• Texas Section 825.513 - Information For Publication
  The retirement system shall verify with the State Pension Review Board the accuracy of information about the effects of proposed legislation on benefits and the...
• Texas Section 825.514 - Historically Underutilized Business
  The retirement system is subject to the provisions, including Chapter 2161, that relate to historically underutilized businesses. Added by Acts 1995, 74th Leg., ch. 555,...
• Texas Section 825.515 - Information About Member Positions
  (a) At least annually, the retirement system shall acquire and maintain records identifying members and specifying the types of positions they hold as members. Employers...
• Texas Section 825.516 - Nonprofit Association Dues
  (a) A retiree who is receiving an annuity from the retirement system may request the system to withhold from the retiree's monthly annuity payment membership...
• Texas Section 825.517 - 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 825.519 - Electronic Information
  The retirement system may provide confidential information electronically to members or other participants or employers and receive information electronically from those persons, including by use...

SUBCHAPTER G MEMBER SERVICES

• Texas Section 825.520 - Immunity From Liability
  The trustees, executive director, and employees of the retirement system are not liable for any action taken or omission made or suffered by them in...
• Texas Section 825.601 - Policies Governing Retirement Benefits Counseling
  The board of trustees shall adopt policies governing retirement benefits counseling provided to members by the system. The policies must: (1) address the manner in...
• Texas Section 825.602 - Retirement Benefits Counseling For Individuals
  (a) To the extent feasible, the retirement system shall make retirement benefits counseling for individual members available in conjunction with informational or educational programs concerning...

Last modified: September 28, 2016