Texas Vernon’s Civil Statutes
Sec. § 5.02
Effective Date of Group B Membership


(a)

The effective date of Group B membership for a person who becomes a Group B member under Section 5.01(a)(2)(A) or (B) of this article is the date the Group B member first became a member of Plan B.

(b)

The effective date of Group B membership for a person who becomes a Group B member pursuant to Section 5.01(a)(2)(C) of this article is the day the person begins active service.

(c)

The effective date of Group B membership for a person who becomes a Group B member and is described by Section 5.01(a)(2)(D) of this article is the date of the persons return to active service.

(d)

The effective date of Group B membership for a person who again becomes a Group B member and is described by Section 5.01(a)(2)(E) of this article is the persons original effective date of Group B membership, adjusted for any period for which the person was not on active service or has withdrawn some, but not all, contributions to the fund pursuant to Section 4.04 of this article. If, however, the person withdraws all contributions to the fund in accordance with Section 4.04 of this article, and the person does not replace the previously withdrawn contributions together with interest as provided by Section 4.04(h-1) of this article, the effective date of the persons membership is the date of return to active service.

(e)

The effective date of membership for a person who becomes a Group B member pursuant to Section 5.01(b) of this article is the date on which written application for the membership is filed with the executive director. The effective date of membership for a person who becomes a Group A member pursuant to Section 5.01(b) of this article is the persons original effective date of membership in the old plan, Plan A, or the combined pension plan, whichever is applicable.

(f)

The effective date of Group B membership for a Group B pensioner who again becomes a Group B member pursuant to Section 5.01(c) of this article is the pensioners original effective date of membership, adjusted for any period the person was not on active service.

(g)

The effective date of Group B membership for a person who joins this plan pursuant to Section 5.01(d) of this article is March 1, 1973.

(h)

A person described by Subsection (a), (c), (d), (e), (f), or (g) of this section shall be given full pension service for the time the person was a contributing member of the old plan, Plan A, the combined pension plan, and Plan B, and the pension service shall be counted as if it had been earned while a Group B member. Neither the length of time persons described by Subsection (a), (c), (d), (e), (f), or (g) of this section received a retirement or disability pension, whether under the old plan, Plan A, the combined pension plan or Plan B, nor the amount of any benefits paid to the person shall have any effect on the pension service earned by the person. No pension service may be earned while on service retirement or disability retirement, or when the person was not on active service. Except as provided by Sections 5.08 and 5.09 of this article, a person described by Subsection (a), (c), (d), (e), (f), or (g) of this section may not be allowed to contribute to the fund in order to receive pension service for the time the person was not on active service, regardless of whether the person was actually receiving a pension.

(i)

The effective date of Group B membership for a person who becomes a Group B member pursuant to Section 5.01(e) of this article is the date on which written application for Group B membership is filed with the executive director.

(b)

The board of trustees may adopt amendments to the administrative rules in accordance with Sections 5.06, 5.07, 5.09, and 5.10 of this article.

(1)

Military service creditable in the system is active federal duty service in the Armed Forces of the United States, other than as a student at a service academy, as a member of the reserves, or any continuous active military service lasting less than 90 days, and such military service must have been performed prior to becoming a member of the police retirement system or its predecessor system.

(2)

For purposes of this section, an eligible member must:

(A)

have been released from military duty under conditions not dishonorable; and

(B)

be a police officer employed by the city or an employee of the system who is not separated from active service.

(3)

An eligible member or eligible surviving spouse may not establish more than 24 months of creditable service in the system for military service.

(4)

An eligible member or eligible surviving spouse may establish creditable service under this section by contributing to the system a single payment equal to 25 percent of the estimated cost of the additional projected retirement benefits the member or surviving spouse will be entitled to receive. The system will determine the required contribution based on a procedure recommended by the actuary and approved by the board.

(5)

After the eligible member or eligible surviving spouse makes the deposit required by this section, the system shall grant the member one month of creditable service for each month of military service established by this section.

(6)

For purposes of this section, an eligible surviving spouse is the surviving spouse of a member who was an eligible member immediately before the time of death if the member dies before making payment to the system of the amount required by this section. An eligible surviving spouse may establish creditable service for military service not later than the date that is six months after the date of the members death and only if the lump-sum death benefit described by Section 6.05(a) or 6.06(a)(3) of this Act is not paid.

(b)

The percent used to calculate the amount of the required payment described by Subsection (a)(4) of this section may be changed if:

(1)

the effect of the change is disclosed by the boards actuary;

(2)

the change is adopted by the board as a board rule; and

(3)

the change applies to all payments for establishing creditable service under this section made to the system after the effective date of the change.

(c)

A member may not receive credit under this section for military service for which the person is receiving or is eligible to receive federal retirement payments based on 20 years or more of active military service or its equivalent by the member or for which the member has received credit in any other public retirement system or program established under the laws of this state.

(d)

The police retirement board may by rule establish additional requirements that a person must meet in order to receive credit under this section.

(e)

The police retirement board may by rule provide that no person may receive credit under this section after a date set forth in that rule.

(b)

A retirement annuity under Subsection (a) of this section begins the first full calendar month after the month in which the application is filed with the board.

(c)

The amount of the retirement annuity under Subsection (a) of this section is the lesser of:

(1)

the amount established as of the date the person ceased to be a member of the fund or a properly enrolled member of the fire or police department; or

(2)

the amount established as of the date the person or the persons beneficiary filed an application under this section.
Source
Last accessed
Oct. 20, 2019