34 TAC §301.5, §301.6
The State Board of Trustees for the Texas Statewide Emergency
Services Personnel Retirement Fund (Fund) adopts amendments to rules, 34 Texas
Administrative Code §301.5, relating to billings and annual reports,
and §301.6, relating to local boards of trustees without changes to the
proposed text as published in the March 15, 2002, issue of the
Texas Register
(27 TexReg 1992).
These amendments were originally proposed for public comment in the January
18, 2002 issue of
Texas Register
(27 TexReg
464). Due to substantive changes, these proposed amendments were withdrawn
and re-proposed for public comment in the March 15, 2002 issue of
Texas Register
(27 TexReg 1992).
Rule 301.5 is amended in order to establish a procedure for the governing
entity of a department to request an extension of payment of its fund contribution,
to request a waiver of a late annual report penalty, and to request an appeal
of a waiver denial. In addition, the Commissioner is given the authority to
make a decision, without the approval of the state board, regarding the withholding
of an individual's pension payments when a local board cannot verify a recipient's
eligibility to receive payments due to the recipient's failure to cooperate
or to provide information. As the state board meets quarterly, giving the
Commissioner this authority shortens the amount of time until action can be
taken to address the issue. The amendment also establishes a procedure and
requirements for correcting service records for prior years of service on
annual reports. In addition, Art. 6243e.3, section 23B mandates the withholding
of payments to individuals who do not provide a local board with the information
it requests to verify the person's eligibility to receive benefits. Therefore,
the rule is changed to make the withholding of payments mandatory and not
discretionary.
Rule 301.6 is amended in order to clarify that when there are 5 or less
volunteer members in a department, all volunteer members must be on the local
board of trustees.
There were no comments received regarding the proposed amendments.
The amendments are adopted under Texas Revised Civil Statutes,
Article 6243e.3, §21 that provides the Board of Trustees with the authority
to establish rules necessary for the administration of the Fund.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 24, 2002.
TRD-200203231
Morris E. Sandefer
Commissioner
Office of the Fire Fighters' Pension Commissioner
Effective date: June 13, 2002
Proposal publication date: March 15, 2002
For further information, please call: (512) 936-3372