Texas Vernon’s Civil Statutes
Sec. § 5.03
Termination of Group B Membership


(a)

Group B membership, whether by voluntary application or as a condition of employment, may be terminated by the Group B member only when the person ceases to be on active service.

(b)

Once a police officer or fire fighter becomes a Group B member, whether by voluntary application or as a condition of employment, the person may never transfer the membership to become a Group A member and may never transfer the membership to any pension plan for police officers and fire fighters that may be created in the future unless the terms of that plan allow the transfer.

(c)

A Group B member who is on active service and was a former contributing member of either the old plan or Plan A may elect, when applying for either a retirement or disability pension if applicable, to terminate membership and receive a Group A retirement or disability pension under the applicable provisions of this article, if the Group B members application for retirement or disability pension is granted by the board.

(c-1)

A Group B member who is not on active service and was a former contributing member of either the old plan or Plan A may elect, when applying for a retirement pension, to terminate membership and receive a Group A retirement pension under the applicable provisions of this article, if the Group B members application for retirement pension is granted by the board.

(d)

If a Group B member described by Subsection (c) or (c-1) of this section has elected and been granted a Group A retirement or disability pension under the applicable provisions of this article, the person is entitled to a reimbursement from the fund. The reimbursement shall be equal to that portion of the persons contributions to the fund, without interest, from the persons effective date of Group B membership until the time the person left active service that is in excess of the total amount the person would have contributed as a Group A member or as a member of the old plan or Plan A for the same period. A Group B member desiring a refund of excess contributions must make written application for the refund with the executive director within three years after the date the persons Group A retirement or disability pension, whichever is applicable, begins, otherwise, the person will lose all right, title, interest, or claim to the refund until such time as the board grants the refund in response to the persons written request. The refund shall be made as soon as practicable after written application is filed with the executive director.

(1)

Probationary service creditable in the system is any probationary service following commission date for which the member does not have creditable service.

(2)

An eligible member or eligible surviving spouse may establish creditable service under this section by contributing to the system a single payment equal to the contribution the member would have made to the system for that service at the time the service was performed and an interest charge based on the contribution amount to be repaid times an interest factor. The interest factor is eight percent per year for the period that begins with the beginning of the month and year at the end of the probationary period for which creditable service is being established to the beginning of the month and year payment is made to the system for the purpose of establishing said service.

(3)

After the eligible member or eligible surviving spouse makes the deposit required by Subdivision (2) of this subsection, the system shall grant the member one month of creditable service for each month of probationary service established under this section.

(b)

For purposes of this section, an eligible member is a police officer employed by the city who is not separated from active service.

(c)

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 probationary 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.

(d)

The method of determining the amount of the required payment described by Subsection (a)(2) 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.

(1)

makes a written application for regular disability retirement with the board;

(2)

is permanently disabled through injury or disease so as to be unable to perform the duties of any available position in the department and has been off active duty for a continuous period of not less than 30 days before the date of the application for disability retirement;

(3)

has had all member contributions required by this Act made on the members behalf;

(4)

is not on indefinite suspension as described in Subsection (d) of this section; and

(5)

has authorized the release to the board of all medical records dated on or after the date of initial application for employment with the department.

(a-1)

An active member of the fund is eligible to retire and receive a catastrophic injury disability retirement annuity if the member:

(1)

makes a written application for catastrophic injury disability retirement with the board;

(2)

is permanently so disabled as a result of a catastrophic injury as to:

(A)

be unable to secure any type of third-party employment, or engage in any self-employment, other than sporadic third-party or self-employment; and

(B)

have, as a result of the lack of third-party employment or self-employment, an annual income less than the poverty level for one person in the 48 contiguous states of the United States as provided under the poverty guidelines published from time to time by the United States Department of Health and Human Services, or similar guidelines selected by the board;

(3)

has had all member contributions required by this Act made on the members behalf;

(4)

is not on indefinite suspension as described in Subsection (d) of this section; and

(5)

has authorized the release to the board of all medical records dated on or after the date of initial application for employment with the department.

(a-2)

The following diseases, disorders, or injuries are not catastrophic injuries:

(1)

heart disease or lung disease contracted as a result of repeated exposure to occupational environmental conditions over a period of months or years;

(2)

an anxiety disorder, including post-traumatic stress disorder; or

(3)

a soft-tissue back, neck, or spine injury, including a sprain, strain, subluxation, or repetitive stress injury, that does not result in paralysis, as determined by a physician authorized or appointed by the board.

(b)

A member of the fund who has a disability resulting from injury or disease incurred before the member became a fire fighter or police officer is not entitled to a disability retirement annuity based on that disability.

(c)

Except as provided by Subsection (d) of this section, a member of the fund who is on suspension and who becomes disabled as a result of an injury sustained or disease contracted while the member is on suspension is eligible for a disability retirement annuity under Subsection (a) or (a-1) of this section, as applicable, if the suspended member makes up each deducted contribution lost by reason of the suspension not later than the 30th day after the later of the termination date of the suspension or the exhaustion of any appeal with respect to the suspension. A municipality to which this Act applies shall double-match all contributions made by a member under this subsection.

(d)

A member of the fund who is on indefinite suspension is not eligible for a disability retirement annuity until the final determination of the suspension and all appeals of that determination are exhausted. A member of the fund who is on indefinite suspension is not entitled to a disability retirement annuity if the member is finally discharged. A member of the fund who is on indefinite suspension but who is restored to duty or who is given a suspension for a specific period is eligible for a disability retirement annuity as provided by Subsection (a) of this section.

(e)

A member of the fund who applies for disability retirement under this section is subject to medical examination as determined by the board.

(f)

This section does not affect any rights under Section 5.02 of this Act.

(g)

A disability retiree who becomes disabled before October 1, 2007, and who is otherwise qualified to receive a catastrophic injury disability retirement annuity under Subsection (a-1) of this section is eligible to receive an annuity under that subsection, subject to Section 5.04(a-2) of this Act.

(b)

A member who is granted a leave of absence for military service is entitled to receive service credit for the period of military service if the member:

(1)

is honorably discharged;

(2)

returns to active employment with the municipality not later than the 90th day after the date the member is discharged; and

(3)

is employed by the municipality for at least one full year after the members return.

(c)

A member who is granted a leave of absence for reasons other than military service is entitled to receive service credit for the leave if:

(1)

the leave of absence is for a period of three months or less; and

(2)

the member returns to active employment before the expiration of the leave period.

(d)

A determination as to whether a member was absent or at work shall be made by the board on the basis of whether the member received compensation from the municipality for the period in question. The decision of the board based on the municipalitys payroll records is final and binding on the member and the members beneficiaries.

(e)

A member who has a break in service loses credit for all prior service unless the member makes a contribution to the fund in an amount that may be authorized by the board and certified by the actuary for the fund. Except as provided by Subsection (b) of this section, a member may not be given credit for time not employed in the police department.

(b)

The budget shall contain a complete financial statement, including a statement of:

(1)

the outstanding obligations of the district;

(2)

the amount of cash on hand to the credit of each fund of the district;

(3)

the amount of money received by the district from all sources during the previous year;

(4)

the amount of money available to the district from all sources during the ensuing year;

(5)

the amount of the balances expected at the end of the year in which the budget is being prepared;

(6)

the estimated amount of revenues and balances available to cover the proposed budget; and

(7)

the estimated tax rate that will be required.
Source
Last accessed
Oct. 18, 2019