Sec. 5.04. CADET SERVICE CREDIT. (a) Under irrevocable action taken by the city council on February 12, 1998, police cadets whose cadet class begins after April 1, 1998, shall make deposits to the police retirement system in accordance with Section 8.01(a) of this Act, and those cadets shall be members of the police retirement system and shall receive creditable service for employment as cadets while members of a cadet class, notwithstanding Sections 1.02(7), (18), and (21) of this Act.
(b) Repealed by Acts 2021, 87th Leg., R.S., Ch. 738 (H.B. 4368), Sec. 16, eff. September 1, 2021.
(c) An eligible member or eligible surviving spouse may establish creditable service for cadet service performed as provided under this section according to the following conditions, limitations, and restrictions:
(1) Cadet service creditable in the system is any service while a member of a cadet class 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 cadet class for which creditable service is being established and ends with 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 Subsection (c)(2) of this section, the system shall grant the member one month of creditable service for each month of cadet service established under this section.
(d) For purposes of Subsection (c) of this section, an eligible member is a police officer employed by the city who is not separated from active service.
(e) For purposes of Subsection (c) 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 cadet service not later than the date that is six months after the date of the member's 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.
(f) The method of determining the amount of the required payment described by Subsection (c)(2) of this section may be changed if:
(1) the effect of the change is disclosed by the board's 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.