Sec. 1C. ALTERNATIVE RETIREMENT PLANS. (a) In this section, "salary-based benefit plan" means a retirement plan provided by the fund under this article that provides member benefits calculated in accordance with a formula that is based on multiple factors, one of which is the member's salary at the time of the member's retirement.
(b) Notwithstanding any other law, including Section 13G of this article, the board and the municipality may enter into a written agreement to offer an alternative retirement plan or plans, including a cash balance retirement plan or plans, if both parties consider it appropriate.
(c) Notwithstanding any other law, including Section 13G of this article, if, beginning with the final risk sharing valuation study prepared under Section 13B of this article on or after July 1, 2021, either the funded ratio of the fund is less than 65 percent as determined in the final risk sharing valuation study without making any adjustments under Section 13E or 13F of this article, or the funded ratio of the fund is less than 65 percent as determined in a revised and restated risk sharing valuation study prepared under Section 13B(a)(7) of this article, the board and the municipality shall, as soon as practicable but not later than the 60th day after the date the determination is made:
(1) enter into a written agreement to establish a cash balance retirement plan that complies with Section 1D of this article; and
(2) require each firefighter first hired by the municipality on or after the 90th day after the date the cash balance retirement plan is established to participate in the cash balance retirement plan established under this subsection instead of participating in the salary-based benefit plan, provided the firefighter would have otherwise been eligible to participate in the salary-based benefit plan.
Structure Texas Statutes
Section 1A. Interpretation of Article
Section 1C. Alternative Retirement Plans
Section 1D. Requirements for Certain Cash Balance Retirement Plans
Section 2. Fund and Board of Trustees
Section 2A. Qualifications of Municipal Actuary
Section 2B. Report on Investments by Independent Investment Consultant
Section 3. Other Powers of the Board
Section 3A. Certain Alterations by Local Agreement
Section 4. Service Pension Benefits
Section 5. Deferred Retirement Option Plan
Section 5A. Post-Retirement Option Plan
Section 6. Disability Pension Benefits
Section 8. Deferred Pension at Age 50; Refund of Contributions
Section 9. Proof of Continued Disability
Section 10. Nonstatutory Benefit Increases
Section 10A. Annual Supplemental Benefit for Certain Retired Members and Eligible Survivors
Section 10B. Additional Lump-Sum Retirement or Death Benefit
Section 11. General Provisions for Calculation and Payment of Benefits
Section 12. Appeals of Benefit Decisions
Section 13. Membership and Member Contributions
Section 13A. Municipal Contributions
Section 13B. Risk Sharing Valuation Studies
Section 13C. Initial Risk Sharing Valuation Studies; Corridor Midpoint
Section 13D. Actuarial Experience Studies
Section 13H. State Pension Review Board; Report
Section 14. Internal Revenue Code Limitations
Section 15. Exemption of Benefits From Judicial Process
Section 16. Service Credit for Members Previously Members of Similar Funds
Section 17. Confidentiality of Information About Members or Beneficiaries