Part 6.
TEXAS MUNICIPAL RETIREMENT SYSTEM
Chapter 121.
PRACTICE AND PROCEDURE REGARDING CLAIMS
34 TAC §121.6
The Texas Municipal Retirement System proposes amendments
to §121.6, concerning the time for filing of retirement applications.
This rule is being amended to allow applicants for service or disability
retirements to waive the requirement to file their application at least 30
days before the effective date of their retirement.
Gary Anderson, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Mr. Anderson has also determined that for the first five years the rule
is in effect the public benefit will be the added flexibility a member will
have in determining an effective date of retirement. There will be no impact
on small business. There are no known anticipated economic costs to the persons
required to comply with the rule as proposed.
Comments on the proposal may be submitted to Gary Anderson, Executive Director,
TMRS, P.O. Box 149153, Austin, Texas, 78714-9153.
The amendments to §121.6 are proposed pursuant to Texas
Government Code, §855.102, which provides the Board of Trustees of the
Texas Municipal Retirement System with the authority to adopt rules necessary
or desirable for the efficient administration of the system.
Texas Government Code, §854.101 is affected by this proposal.
§121.6.Time for Filing of Retirement Applications
All applications for retirement, whether for service or for disability,
must be filed not less than 30 nor more than 90 days prior to the date specified
by the member as the effective date of his or her retirement; the date specified
as the effective date for retirement must be the last day of a calendar month
and may not be a date preceding the termination of the member's employment
with the participating municipality.
A member who files an application
for retirement with the system on or before the effective date of retirement
shall be deemed to have waived the requirement to file the application at
least 30 days before the effective date of retirement.
An application
is filed when it is actually received at the office of the director of the
system in Austin.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on December 27, 2001.
TRD-200108284
Gary W. Anderson
Executive Director
Texas Municipal Retirement System
Earliest possible date of adoption: February 10, 2002
For further information, please call: (512) 225-3714
34 TAC §123.5
The Texas Municipal Retirement System proposes amendments
to §123.5, concerning the requirement of spousal consent.
Section 804.051 of the Texas Government Code authorizes the Texas Municipal
Retirement System to adopt rules requiring spousal consent in connection with
the selection of a retirement annuity or death benefit plan by a member that
does not pay benefits to the member's spouse in the form of an annuity. The
Texas Municipal Retirement System has previously adopted a rule that requires
spousal consent in connection with the election by the member of a retirement
annuity. The amendments to this rule will require spousal consent in connection
with the designation by the member of a beneficiary of the vested death benefit
authorized by §16 of Senate Bill 522, 77th Legislative Session. The rule
change will maintain consistency with respect to the application of the spousal
consent rule.
Gary Anderson, Executive Director, has determined that for the first five-year
period the rule is in effect there will be no fiscal implications for state
or local government as a result of enforcing or administering the rule.
Mr. Anderson has also determined that for the first five years the rule
is in effect the public benefit will be the consistent application of the
spousal consent rule to vested benefits under the Texas Municipal Retirement
System Act. There will be no effect on small business. There are no known
anticipated economic costs to the persons who are required to comply with
the rule as proposed.
Comments on the proposal may be submitted to Gary Anderson, Executive Director,
TMRS, P.O. Box 149153, Austin, Texas, 78714-9153.
The amendments to §123.5 are proposed pursuant to Texas
Government Code, §804.051 which gives the Board of Trustees of the Texas
Municipal Retirement System the authority to adopt rules to require spousal
consent. In addition the amendments to §123.5 are proposed pursuant to
Texas Government Code, §855.102, which provides the Board of Trustees
of the Texas Municipal Retirement System with the authority to adopt rules
necessary or desirable for the efficient administration of the system.
No other statute or article is affected by this proposal.
§123.5.Requirement of Spousal Consent
(a)
A vested member who is currently married may not designate
a primary beneficiary other than the member's spouse or select a form of payment
[
(b) - (c)
(No change.)
(d)
For the purposes of this section, the term "joint-and-survivor
annuity that pays benefits to the member's spouse on the death of the member"
means a retirement annuity for the life of the member with a survivor annuity
for the life of the spouse which is not less than 50% of the amount of the
annuity which is payable during the joint lives of the member and the spouse
, or, if the member dies before retirement, a survivor annuity for the life
of the spouse which is not less than the actuarial equivalent of an annuity
described by §854.104(c)(1) of the Act when the member has died before
retirement
.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on December 27, 2001.
TRD-200108285
Gary W. Anderson
Executive Director
Texas Municipal Retirement System
Earliest possible date of adoption: February 10, 2002
For further information, please call: (512) 225-3714
Chapter 123.
ACTUARIAL TABLES AND BENEFIT REQUIREMENTS
The selection by any member of the system on any form filed with
the system
] of a retirement
or survivor
annuity [
in
the form of an annuity
] other than a joint-and-survivor annuity that
pays benefits to the member's spouse on the death of the member
,
[
is not effective
] unless the member's spouse consents to the
designation or
selection.
Chapter 129.
DOMESTIC RELATIONS ORDERS