Tex. Gov't Code § 854.202 · Subchapter C. OPTIONAL SERVICE RETIREMENT BENEFITS
ADDITIONAL OPTIONAL SERVICE RETIREMENT ELIGIBILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The governing body of a municipality that has an effective date of participation in the retirement system after December 31, 1975, or that has previously authorized updated service credits, by ordinance may authorize eligibility for a service retirement annuity as provided by this section for a member who is or was an employee of any participating department of the municipality.
(b) The governing body may authorize a member to retire and receive a service retirement annuity, if the member:
(1) is at least 50 years old and has at least 25 years of credited service performed for one or more municipalities that have authorized eligibility under this subdivision; or
(2) is at least 60 years old and has at least 10 years of credited service performed for one or more municipalities that either have authorized eligibility under this subdivision or have a participation date in the retirement system after August 26, 1979.
(c) The governing body may authorize a member who is or was an employee of the municipality to terminate employment and remain eligible to retire and receive a service retirement annuity at any time after the member attains an applicable age and service requirement, if the member has at least 10 years of credited service performed for one or more municipalities that either have authorized eligibility under this subsection or are subject to Section 854.102(e).
(d) An ordinance adopted under this section must also include the provisions specified in Section 852.105. A governing body may not adopt an ordinance under this section unless the actuary first determines, on the basis of mortality and other tables adopted by the board of trustees, that all obligations of the municipality to the benefit accumulation fund, including obligations proposed under the ordinance, can be funded by the municipality within its maximum contribution rate and within its amortization period.
(e) The governing body shall specify the effective date of an ordinance under this section, which may be the first day of any month after the month in which the actuary makes the determination required by Subsection (d).
(f) The governing body may authorize a member to retire and receive a service retirement benefit if the member has at least 25 years of credited service performed for one or more municipalities that either have authorized eligibility under this subdivision or have a participation date in the retirement system after September 1, 1987.
(g) The governing body may authorize a member to retire and receive a service retirement benefit if the member has at least 20 years of credited service performed for one or more municipalities that have authorized eligibility under this subsection.
(h) Before a governing body may elect to authorize a member to retire pursuant to Subsection (g), the governing body shall:
(1) prepare an actuarial analysis of member retirement annuities at 20 years of service; and
(2) hold a public hearing.
(i) The public hearing required under Subsection (h) shall be held pursuant to the notice provisions of the Texas Open Meetings Act, Chapter 551, Texas Government Code.
(j) A member is eligible to retire and receive a service retirement annuity if the member:
(1) is at least 60 years of age; and
(2) has at least five years of credited service performed for one or more municipalities to which the five-year vesting provision under Section 854.205 applies.
Notes and commentary — not statutory text
History
Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 1, eff. Sept. 1, 1981. Amended by Acts 1981, 67th Leg., 1st C.S., p. 224, ch. 18, Sec. 83, 84, eff. Jan. 1, 1982; Acts 1987, 70th Leg., ch. 183, Sec. 8, eff. Aug. 31, 1987. Renumbered from Vernon's Ann.Civ.St. Title 110B, Sec. 64.202 and amended by Acts 1989, 71st Leg., ch. 179, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1995, 74th Leg., ch. 514, Sec. 23, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 712, Sec. 2, 3, eff. Sept. 1, 1995; Acts 2001, 77th Leg., ch. 121, Sec. 19, eff. Jan. 1, 2002.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1208 (S.B. 350), Sec. 15, eff. June 17, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.854.htm
- Text hash
- sha256 530cc1f08e6a470e01c10ac435549f3644fff1b438c2fd006d1d48f6b6e6250f
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
- Tex. Gov't Code ch. 551OPEN MEETINGSPrinted as Chapter 551
- Tex. Gov't Code § 852.105OPTIONAL PRIOR SERVICE CREDITS.Printed as Section 852.105
- Tex. Gov't Code § 854.102ELIGIBILITY FOR SERVICE RETIREMENT ANNUITY.Printed as Section 854.102(e)
- Tex. Gov't Code § 854.205FIVE-YEAR VESTING.Printed as Section 854.205
Cited by 1 provision
Provisions in this library whose text cites Tex. Gov't Code § 854.202. Each shows the citation as that text prints it.
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