Sec. 26. CONFIDENTIAL INFORMATION. (a) Records that are in the custody of the pension system concerning an individual member, deferred participant, retiree, eligible survivor, beneficiary, or alternate payee are not public information under Chapter 552, Government Code, and may not be disclosed in a form identifiable to a specific individual unless:
(1) the information is disclosed to:
(A) the individual or the individual's attorney, guardian, executor, administrator, or conservator, or another person who the executive director determines is acting in the interest of the individual or the individual's estate;
(B) a spouse or former spouse of the individual and the executive director determines that the information is relevant to the spouse's or former spouse's interest in a member's accounts or benefits or other amounts payable by the pension system;
(C) a governmental official or employee and the executive director determines that disclosure of the information requested is reasonably necessary to the performance of the duties of the official or employee; or
(D) a person authorized by the individual in writing to receive the information; or
(2) the information is disclosed under a subpoena and the executive director determines that the individual will have a reasonable opportunity to contest the subpoena.
(b) This section does not prevent the disclosure of the status or identity of an individual as a member, former member, deferred participant, retiree, deceased participant, eligible survivor, beneficiary, or alternate payee of the pension system.
(c) The executive director may designate other employees of the pension system to make the necessary determinations under Subsection (a) of this section.
(d) A determination and disclosure under Subsection (a) of this section does not require notice to the individual member, deferred participant, retiree, eligible survivor, beneficiary, or alternate payee.
Structure Texas Statutes
Article 6243h. Municipal Pension System in Cities of 1,500,000 or More
Section 1A. Interpretation of Act
Section 1C. Alternative Retirement Plans
Section 1D. Requirements for Certain Cash Balance Retirement Plans
Section 2A. Conflicts of Interest
Section 2B. Pension System Actuary; Actuarial Valuations
Section 2C. Qualifications of City Actuary
Section 2D. Report on Investments by Independent Investment Consultant
Section 3. Additional Powers of Pension Board
Section 4. Ineligible Individuals
Section 5. Individuals Eligible for Membership
Section 6. Group C Membership, Service Requirements, and Benefits
Section 7. Service; Credited Service
Section 8. Member Contributions
Section 8A. City Contributions
Section 8B. Risk Sharing Valuation Studies
Section 8C. Initial Risk Sharing Valuation Studies; Corridor Midpoint and City Contribution Amounts
Section 8D. Actuarial Experience Studies
Section 8H. Unilateral Decisions and Actions Prohibited
Section 8I. State Pension Review Board; Report
Section 9. Contribution Refunds
Section 10. Normal Retirement Pension
Section 10A. Group D Member Hybrid Component
Section 11. Option-Eligible Participants
Section 12. Deferred Retirement Option Plan
Section 13. Disability Pensions
Section 14. Surviving Spouse and Dependent Child Monthly Allowance
Section 15. Increase in Benefits
Section 16. Lump-Sum Benefit Payment
Section 17. Termination of Employment; Death; Reemployment
Section 20. Service for Formerly Ineligible Employees
Section 21. Reduction of Benefits; Dissolution of System
Section 22. Exemption From Execution, Attachment, or Other Writ
Section 24. Excess Benefit Plan
Section 25. Employees on Retirement When Act Takes Effect
Section 26. Confidential Information
Section 28. Proportionate Retirement Program With Participating Retirement Systems