1 | 1 | | 81R2719 TJS-F |
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2 | 2 | | By: Truitt H.B. No. 1070 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to audits of certain public retirement system actuarial |
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8 | 8 | | valuations, studies, and reports. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Sections 802.1012(a), (b), and (c), Government |
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11 | 11 | | Code, are amended to read as follows: |
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12 | 12 | | (a) In this section: |
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13 | 13 | | (1) "Governmental [, "governmental] entity" means a |
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14 | 14 | | unit of government that is the employer of active members of a |
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15 | 15 | | public retirement system. |
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16 | 16 | | (2) "Plan year" means the 12-month accounting period |
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17 | 17 | | of the affected pension plan of a public retirement system subject |
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18 | 18 | | to this section. |
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19 | 19 | | (b) Except as provided by Subsection (k), this section |
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20 | 20 | | applies only to a public retirement system with total assets the |
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21 | 21 | | book value of which, as of the last day of the retirement system's |
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22 | 22 | | preceding plan [fiscal] year, is at least $100 million. |
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23 | 23 | | (c) Not later than the date six months after the last day of |
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24 | 24 | | the first plan year in which a public retirement system has total |
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25 | 25 | | assets the book value of which as of the last day of that plan year |
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26 | 26 | | is at least $100 million, and, subject to continuing applicability |
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27 | 27 | | under Subsection (b), every [Every] five years after that date, the |
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28 | 28 | | actuarial valuations, studies, and reports of the [a public] |
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29 | 29 | | retirement system most recently prepared for the retirement system |
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30 | 30 | | as required by Section 802.101 or other law under this title or |
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31 | 31 | | under Title 109, Revised Statutes, must be audited by an |
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32 | 32 | | independent actuary who: |
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33 | 33 | | (1) is engaged for the purpose of the audit by the |
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34 | 34 | | governmental entity; and |
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35 | 35 | | (2) has the credentials required for an actuary under |
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36 | 36 | | Section 802.101(d). |
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37 | 37 | | SECTION 2. (a) The change in law made by this Act applies |
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38 | 38 | | only to a public retirement system to which Section 802.1012, |
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39 | 39 | | Government Code, as amended by this Act, applies and that has a plan |
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40 | 40 | | year, as defined by Section 802.1012(a), Government Code, as |
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41 | 41 | | amended by this Act, that ends on or after September 1, 2009. |
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42 | 42 | | (b) A public retirement system that has conducted an audit |
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43 | 43 | | under Section 802.1012, Government Code, as added by Chapter 733 |
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44 | 44 | | (H.B. 2664), Acts of the 80th Legislature, Regular Session, 2007, |
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45 | 45 | | before the effective date of this Act is not required to conduct |
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46 | 46 | | another audit under Section 802.1012, Government Code, as amended |
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47 | 47 | | by this Act, before September 1, 2013. |
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48 | 48 | | (c) A public retirement system that was required to but has |
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49 | 49 | | not conducted an audit under Section 802.1012, Government Code, as |
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50 | 50 | | added by Chapter 733 (H.B. 2664), Acts of the 80th Legislature, |
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51 | 51 | | Regular Session, 2007, before the effective date of this Act shall |
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52 | 52 | | conduct the audit not later than March 1, 2010. |
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53 | 53 | | (d) The first audit conducted under Section 802.1012, |
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54 | 54 | | Government Code, as amended by this Act, must include an audit of |
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55 | 55 | | each actuarial valuation, study, and report of the public |
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56 | 56 | | retirement system prepared for that retirement system in the |
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57 | 57 | | preceding five years. |
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58 | 58 | | SECTION 3. This Act takes effect September 1, 2009. |
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