Texas Vernon’s Civil Statutes
Sec. § 7.03
Surviving Spouse of Former Firefighter


(a)

An immediate monthly benefit is payable to the surviving spouse of a former firefighter who:

(1)

before termination of employment with the fire department had accumulated at least 10 years of service credit in the fund and had made required contributions to the fund for a period of at least 10 years; and

(2)

did not withdraw the members contributions from the fund at the time of or after the termination of employment.

(b)

If the former firefighter died before attaining 50 years of age, the benefit is payable only if the spouse was married to the former firefighter on the date of the former firefighters termination of employment with the fire department.

(c)

If the former firefighter died after attaining 50 years of age, the benefit is payable only if the spouse was married to the former firefighter when the member attained 50 years of age.

(d)

The amount of the benefit payable under this section is 75 percent of the retirement benefit the former firefighter either was receiving or was entitled to receive at age 50.
Sec. 7.04. DURATION OF SPOUSES BENEFIT. The benefit payable to a surviving spouse is payable throughout the surviving spouses remaining lifetime. A surviving spouse whose benefit was terminated under this section as it existed before September 1, 1997, is entitled to receive a benefit beginning on the date the surviving spouse files an application for resumption of benefits with the board of trustees, but is not entitled to receive a benefit for the period in which the benefit was terminated under the former law.
Sec. 7.05. SURVIVING CHILDRENS BENEFIT. (a) On the death of a member, if there is no surviving spouse, a benefit is payable to the decedents surviving dependent children, if any. The total monthly benefit payable under this subsection is 75 percent of the monthly payment that the decedent would have received under the service retirement benefit described by Section 5.04 of this Act, but not less than 75 percent of the monthly payment the decedent would have received based on 20 years of service credit. If there is more than one dependent child of the decedent, each dependent child is entitled to receive an equal share of the total monthly payment under this subsection.

(b)

On the death of a member under this Act, if there is a surviving spouse, a benefit is payable to each of the decedents surviving dependent children, if any. The monthly amount of the benefit payable to each child is 15 percent of the monthly payment that the decedent would have received under the service retirement benefit described by Section 5.04 of this Act, but not less than 15 percent of the monthly payment the decedent would have received based on 20 years of service credit. If the decedent left more than five surviving dependent children, the monthly benefit payable to each dependent child shall be reduced so that the total monthly benefit payable under this subsection does not exceed the total monthly benefit that would have been payable if the decedent had left no surviving spouse.

(c)

Payments by the fund to a dependent child under this section shall cease on the earliest of the date of the childs death, marriage, or attainment of age 22.

(A)

a current statement of the members physical and/or mental condition, signed by the members attending physician; and

(B)

a statement of all employment activities pursued in the preceding one-year period and a copy of federal income tax returns applicable to the one-year period.

(2)

The board may verify all information submitted in this report. A disabled member shall file an annual report containing this same type of information every year thereafter on the anniversary date of the members disability retirement; the annual report shall be filed no later than 60 days following the due date.

(b)

The pension officer is responsible for a yearly report to the board listing those disabled members who should be examined. The board shall have the right to order an examination of any person on disability retirement after the member has received a disability retirement benefit for a one-year period and continuing on an annual basis thereafter until the member reaches the age of 62 years. If the member refuses to submit to an examination by physicians or vocational rehabilitation experts appointed or selected by the board or if the member refuses to submit an annual report concerning continued proof of disability, the disability retirement benefit shall be discontinued until such refusal is withdrawn.

(c)

(1) If, during the first 2-1/2 years, the annual medical examination shows that the member is able to perform the duties of a position offered to the member in the system, the police department, or any other department in the city that pays as much or more than the current pay of the position the member was holding on the date of the members disability, the board may discontinue the disability retirement benefit. If after the disabled member has received disability benefits from the system for at least 2-1/2 years the member is able to perform the duties of any occupation for which the member is reasonably suited by education, training, or experience, the board shall review and modify the disability benefit according to the following provisions:

(A)

if the member is able to earn at least as much money in the members new job as the member would have in the members most recent position with the system or the police department, the board may terminate the members benefit;

(B)

if the member is able to earn between one-half as much money and as much money in the members new job as the member would have in the members most recent position with the system or the police department, the board may reduce the monthly disability benefit to one-half of its original amount; or

(C)

if the member is not able to earn at least one-half as much money in the members new job as the member would have in the members most recent position with the system or the police department, the board may continue the benefit unchanged.

(2)

If the member who received a disability benefit pursuant to Subsection (b) of Section 7.01 of this Act has the members benefit discontinued pursuant to this provision and does not return to the employ of the system or the police department, any remaining balance of Fund No. 1 benefits will be refunded to the member. If the member who received a disability benefit pursuant to Subsection (c) of Section 7.01 of this Act has the members benefit discontinued pursuant to this provision and does not return to the employ of the system or the police department, the members accumulated deposits shall remain in the system, and the member shall be considered a vested noncontributory member unless the member elects a refund of the remaining accumulated deposits.

(d)

If a disabled member returns to employment with the city as a police officer or to employment with the system, the disability retirement benefit shall cease. Such person shall be reinstated as an active member of the system and shall comply with all requirements. Creditable service accumulated prior to disability shall be restored to the full amount standing to the members credit as of the date the board found the member eligible for disability retirement.

(e)

The board may reinstate any disability benefit that has been previously terminated or reduced if the disabled members condition has worsened due to the same cause for which the member was originally disabled.

(a)

The board shall determine a reasonably safe amount of surplus necessary to defray reasonable expenses of administering the fund.

(b)

All other assets shall be designated as reserve retirement funds.

(c)

Only the board may invest and manage the reserve retirement funds for the sole benefit of the plan participants and their beneficiaries.

(1)

the pension benefit payable until the age of 62 is equal to the following:

(A)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(B)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 10 years, for a total of 25 years; plus

(C)

1.0 percent of the members average monthly compensation multiplied by the number of years of service in excess of 25 years but not to exceed an additional five years, for a total of 30 years; plus

(D)

1.075 percent of the members average monthly compensation multiplied by the number of years of service limited to 20 years; plus

(E)

3.35 percent of the members average monthly compensation multiplied by the number of years of service in excess of 20 years, not to exceed an additional five years; and

(2)

the pension benefit payable after the member reaches age 62 is equal to the following:

(A)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(B)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 15 years, for a total of 30 years.

(b)

A member who terminates service with the municipality on or after the date the member has 20 years of service credited in the fund and who retires on or after age 62 is entitled to receive a monthly amount equal to:

(1)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(2)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 15 years, for a total of 30 years.
Sec. 7.04. EXTRA-SPECIAL EARLY PENSION. (a) A member who terminates service after having 25 years of service credited in the fund and who retires before the age of 62 is entitled to receive a monthly amount determined by the following formulas:

(1)

the pension benefit payable up to the age of 62 equals the following:

(A)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(B)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 10 years, for a total of 25 years; plus

(C)

1.0 percent of the members average monthly compensation multiplied by the number of years of service in excess of 25 years, not to exceed an additional five years, for a total of 30 years; plus

(D)

1.075 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 20 years; plus

(E)

3.35 percent of the members average monthly compensation multiplied by the number of years of service in excess of 20 years, not to exceed an additional five years; and

(2)

the pension benefit payable after the member reaches age 62 is equal to the following:

(A)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(B)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 15 years, for a total of 30 years.

(b)

A member who meets the requirements for an extra-special early pension and who retires on or after age 62 is entitled to receive a monthly amount equal to the following:

(1)

1.35 percent of the members average monthly compensation multiplied by the number of years of service, not to exceed 15 years; plus

(2)

1.65 percent of the members average monthly compensation multiplied by the number of years of service in excess of 15 years, not to exceed an additional 15 years, for a total of 30 years.

(b)

The board shall levy taxes on all property within the boundaries of the district subject to district taxation.
Source
Last accessed
Nov. 22, 2019