Sec. 840.407.  EXCESS BENEFIT ARRANGEMENT.  (a)  A separate, nonqualified, unfunded excess benefit arrangement is created outside the trust fund of the retirement system.  This excess benefit arrangement shall be administered as a governmental excess benefit arrangement under Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).  The purpose of the excess benefit arrangement is to pay to annuitants of the retirement system benefits otherwise payable by the retirement system that exceed the limitations on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).
(b)  The board of trustees is responsible for the administration of this arrangement.  Except as otherwise provided by this section, the board has the same rights, duties, and responsibilities concerning the excess benefit arrangement as it has to the trust fund.
(c)  Benefits under this section are exempt from execution to the same extent as provided by Section 836.004, except that the benefits are completely unassignable.  Contributions to this arrangement are not held in trust and may not be commingled with other funds of the retirement system.
(d)  An annuitant is entitled to a monthly benefit under this section in an amount equal to the amount by which the benefit otherwise payable by the retirement system has been reduced by the limitation on benefits imposed by Section 415(b)(1)(A) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(b)(1)(A)).  The benefit payable by this arrangement is payable at the times and in the form that the benefit payable under the trust fund is paid.
(e)  The benefit payable under this section shall be paid from state contributions that otherwise would be made to the trust fund under Section 840.103.  In lieu of deposit in the state accumulation account, an amount determined by the retirement system to be necessary to pay benefits under this section shall be paid monthly to the credit of a dedicated account in the general revenue fund maintained only for the excess benefit arrangement.  The account may include amounts needed to pay reasonable and necessary expenses of administering this arrangement.  The monthly amount to be paid to the credit of the account shall be transferred to the account at least 15 days before the date of a monthly disbursement under this section.
(f)  The board of trustees may adopt rules governing the excess benefit arrangement that are necessary for the efficient administration of the arrangement in compliance with Section 415(m) of the Internal Revenue Code of 1986 (26 U.S.C. Section 415(m)).
Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 15, eff. June 18, 2023.