Texas Administrative Code
Title 34 - PUBLIC FINANCE
Part 6 - TEXAS MUNICIPAL RETIREMENT SYSTEM
Chapter 123 - ACTUARIAL TABLES AND BENEFIT REQUIREMENTS
Section 123.1 - Definitions
Universal Citation: 34 TX Admin Code ยง 123.1
Current through Reg. 49, No. 12; March 22, 2024
(a) Compensation.
(1) Section 851.001(6) of the Act provides
the definition of compensation for purposes of the Act. For avoidance of doubt,
the definition of compensation includes, but is not limited to, the following
additional types of compensation in this paragraph and compensation described
in paragraph (2) of this subsection subject to the limitations therein, and
excludes compensation described in paragraph (3) of this subsection:
(A) base pay and additional compensation paid
for additional duties, longevity, overtime or special duties;
(B) vacation and sick leave pay;
(C) monetary and nonmonetary compensation
(the value of which is determined by the participating municipality) taxable as
income, including but not limited to, car or uniform allowances and imputed
income from fringe benefits;
(D)
severance payments; and
(E)
workers' compensation paid as temporary wage replacement and reported or
verified to the municipality.
(2) Compensation is limited to payments made
to an employee for performance of personal services and made before or within a
reasonable time, as determined by the system in its sole discretion, after bona
fide termination of the employee.
(3) Compensation does not include short-term
or long-term disability insurance payments received by an employee.
(b) Department.
(1) Definition of "department" may include:
(A) an economic development corporation
established by a participating municipality pursuant to the Development
Corporation Act (Subtitle C1, Title 12, Local Government Code), for which
corporation the municipality's governing body has passed an ordinance pursuant
to §
501.067(a)(2),
Local Government Code; or
(B) a
recognized division that is an instrumentality of a participating municipality:
(i) that is created to carry out a municipal
function (for example, public park creation and maintenance, economic stimulus
and development, or administration of port facilities);
(ii) that is controlled by the municipality:
(I) by the municipality maintaining the
ability to appoint and remove the members of the governing body for the
instrumentality; and
(II) by the
municipality retaining the ability to dissolve the instrumentality; and
(iii) for which the
assets of the instrumentality revert to the municipality upon the dissolution
of the instrumentality.
(2) Notwithstanding the foregoing, the
determination of whether or not any economic development corporation,
instrumentality, or other recognized division is or is not a department for
purposes of the Act shall be made by the system, in its sole discretion.
(3) An employee of a participating
department who performs services for a nonparticipating entity pursuant to an
agreement duly authorized by the participating municipality that governs the
department remains a member of the system.
(c) Spouse. A spouse does not include a person separated from the participant under a decree of divorce or annulment.
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