(a) The Executive Director shall bill the governing body of a political subdivision associated with a participating department semi-annually on the last business day of February and August.(b) Each billing shall include, as appropriate, charges for: (1) monthly Part One contributions for participating members and any corresponding Part Two contributions, if applicable;(2) optional annuity increases or supplemental payments;(3) annuity payments funded by the governing body of the political subdivision associated with the participating department or the governing body of the participating department;(4) prior service contributions;(5) late-payment interest charges; and(6) unpaid administrative penalties.(c) At least 30 days before the last business day of February and of August, the Executive Director shall send to the chair of the local board of each participating department a semi-annual pension roster report (Roster) that includes the name of each person who performs emergency services or support services, if applicable, for the participating department and is identified as a member of the pension system, and the name of each person who is receiving pension payments under a funding arrangement with the plan.(d) The local board shall verify the accuracy of the Roster report and shall work with the participating department head to enroll each person who is performing or has performed emergency services or support services, if applicable, for the participating department since the date of the last verified Roster and who is not listed on the Roster as a member of the pension system as required by § 862.002, Texas Government Code.(e) Upon request by the local board chair or the participating department head, the Executive Director will provide an updated Roster for certification.(f) The local board shall meet and certify, by signature of the chairman, the accuracy of the Roster report and return the signed Roster report to the Executive Director no later than the fifth day before the last day of the billing period.(g) Based on the certified Roster, on the last day of the month of the billing period, an invoice shall be generated by the pension system and provided to the governing body of the political subdivision associated with the participating department. Payments are due within 30 days of the invoice date. Late payments accrue interest at the current actuarially assumed rate of investment return on fund assets.(h) In this section: (1) The term "ACH" (Automated Clearing House) means the legal framework of rules and operational procedures adopted by financial institutions for the electronic transfer of funds.(2) The term "ACH Credit" means an ACH transaction initiated by the governing body of a political subdivision or the governing body of a participating department for the electronic transfer of funds from the account of the governing body of the political subdivision or the governing body of the participating department to the account of the pension system.(3) The term "ACH Debit" means an ACH transaction initiated by the pension system for the electronic transfer of funds from the account of the governing body of a political subdivision or the governing body of a participating department to the account of the pension system.(4) The term "electronic funds transfer" means the transfer of funds, other than by check, draft or similar paper instrument, that is initiated electronically to order, instruct, or authorize a financial institution to debit or to credit an account.(5) The term "pre-authorized direct debit" means the method available to the governing body of a political subdivision or the governing body of a participating department for electronically paying required contributions by granting a continuing authorization to the pension system to initiate an ACH Debit for the electronic transfer of funds from the designated bank account of the governing body of the political subdivision or the governing body of the participating department to the account of the pension system in an amount equal to the contributions required to be paid.(6) The term "wire transfer" generally means a single transaction, initiated by the governing body of a political subdivision or the governing body of the participating department, in which funds are electronically transferred to the account of the pension system using the Federal Reserve Banking System rather than the ACH.(i) Amounts required to be contributed to the pension system in accordance with Chapter 865 of the Texas Government Code may be made by preauthorized direct debits (ACH Debits), electronic funds transfer, or by wire transfer.(j) The governing body of a political subdivision or the governing body of a participating department may elect to use the preauthorized direct debit method of payment by filing a signed authorization agreement with the pension system in which the governing body of the political subdivision or the governing body of the participating department has designated a single bank account from which all transfers will be made.(k) The authorization agreement entered into for this purpose constitutes continuing authority for the pension system to initiate a direct debit of the governing body of the political subdivision's or the governing body of the participating department's designated bank account.(l) An authorization agreement remains in effect until the pension system receives either a written revocation of the agreement, or a subsequent written agreement, which automatically revokes the existing authorization. A new authorization agreement must be filed if there is any change in the designated bank account. The pension system, in its sole discretion, may terminate the authorization agreement by mailing written notice to the governing body of the political subdivision or the governing body of the participating department, as applicable. Thereafter, the governing body of the political subdivision or the governing body of the participating department must remit all contributions by check, electronic funds transfer, wire transfer, or other monetary means approved by the Executive Director. The alternative method of payment may include a fee to recover the cost of administering this subsection.(m) On the 30th day after the invoice date, the pension system will initiate an ACH Debit in the amount of the invoice. The actual transfer of funds from the ACH designated account will not occur before the due date of the invoice.(n) An ACH Debit that is reversed by a governing body of a political subdivision or the governing body of the participating department or that fails because sufficient funds are not available for transfer constitutes nonpayment of the required contributions and, thereafter, the required contributions will not be considered to have been received until the day the funds are actually transferred to the account of the pension system. Such unpaid funds may be subject to interest charges.34 Tex. Admin. Code § 310.8
The provisions of this §310.8 adopted to be effective October 2, 2005, 30 TexReg 6063; amended to be effective September 1, 2006, 31 TexReg 5811; amended to be effective January 8, 2013, 38 TexReg 153; amended to be effective August 31, 2014, 39 TexReg 6870; Amended by Texas Register, Volume 40, Number 41, October 9, 2015, TexReg 7104, eff. 10/18/2015; Amended by Texas Register, Volume 42, Number 36, September 8, 2017, TexReg 4657, eff. 9/10/2017; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8335, eff. 12/31/2019