Part 6.
TEXAS MUNICIPAL RETIREMENT SYSTEM
Chapter 121.
PRACTICE AND PROCEDURE REGARDING CLAIMS
34 TAC §121.6
The Texas Municipal Retirement System adopts on an emergency
basis amendments to §121.6, concerning the time for filing of retirement
applications. These emergency amendments are being simultaneously proposed
for permanent adoption in the proposed section of this issue of the
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.
The amendments are adopted on an emergency basis to enable the Texas Municipal
Retirement System to promptly process retirement applications without causing
an undue financial hardship to the member. The Texas Municipal Retirement
System finds that the requirements of state law (specifically those found
in Texas Government Code, §854.101) require the adoption of these amendments
on fewer than thirty days notice.
The amendments to §121.6 are adopted on an emergency basis
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.
§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 emergency adoption
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-200108281
Gary W. Anderson
Executive Director
Texas Municipal Retirement System
Effective Date: December 27, 2001
Expiration Date: April 26, 2002
For further information, please call: (512) 225-3714
34 TAC §123.5
The Texas Municipal Retirement System adopts on an emergency
basis amendments to §123.5, concerning the requirement of spousal consent.
These emergency amendments are being simultaneously proposed for permanent
adoption in the proposed section of this issue of the
Texas Register
.
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.
The amendments are adopted on an emergency basis to comply with §16
of Senate Bill 522 and to preserve the marital property rights of the spouse.
The Texas Municipal Retirement System finds that the requirements of state
law (specifically those found in §16 of Senate Bill 522) require the
adoption of these amendments on fewer than thirty days notice.
The amendments to §123.5 are adopted on an emergency basis
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
adopted on an emergency basis 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.
§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 emergency adoption
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-200108282
Gary W. Anderson
Executive Director
Texas Municipal Retirement System
Effective Date: January 1, 2002
Expiration Date: May 1, 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