The definitions of dangerous condition and of public property are found in section 830,2 while section 8353 provides the basis for and the requisites of liability. Sept. 1, 1989. (b) If a governing board has more than one component institution, agency, or unit under its jurisdiction, the governing board may provide a separate optional retirement program for each component or may place two or more components under a single program. Title 110B, Sec. Renumbered from Vernon's Ann.Civ.St. Games bonus funds may only be used on selected games only. 75, eff. 1, eff. 2, eff. Government Code §830.6 design immunity. (a) An institution of higher education shall accept the transfer of a participant's optional retirement program from another institution of higher education or from the Texas Education Agency. (c) A person who before September 1, 1987, had chosen to participate in the optional retirement program and who was participating in the program on September 1, 1987, is entitled to continue to participate in the program until the person terminates participation as provided by Section 830.105(a). Sec. 830.103. 1, eff. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 830.001. Code, § 830 (a)) A “dangerous condition” is a condition of public property that creates a substantial risk of injury to members of the general public when the property [or adjacent property] is used with reasonable care and in a (b) A contribution under this section may be any amount that is equal to or less than the difference between the amount the state is required to contribute under Section 830.201 to the benefit of each participant employed by the institution of higher education and the amount the state appropriates for that purpose. A participant in the optional retirement program is not eligible for membership in the retirement system unless the person: (1) terminates employment covered by the optional retirement program; and. 36.105 and amended by Acts 1989, 71st Leg., ch. Sec. (b) TERMINATION OF PARTICIPATION. 830.105. § 835.2 (a) A public entity had actual notice of a dangerous condition within the meaning of subdivision (b) of Section 835 if it had actual knowledge of the existence of the condition and knew or should have known of its dangerous character. Renumbered from Vernon's Ann.Civ.St. Acts 1981, 67th Leg., p. 1876, ch. This subsection applies only to a currently authorized company or a company with at least 50 participants at the institution. Title 110B, Sec. Sept. 1, 1989. Sept. 1, 1989. Renumbered from Vernon's Ann.Civ.St. 1995. This article explains Article 830 Network-Powered Broadband Communications Systems; Part 2 of a series. Amended by Acts 1981, 67th Leg., 1st C.S., p. 208, ch. 179, Sec. July 1, 1991; Acts 1997, 75th Leg., ch. (ii) The immunity can be lost if conditions that changed since the design’s approval have render the design unreasonable. Nov. 10, 1981. 18, Sec. Renumbered from Vernon's Ann.Civ.St. Firefox, or Sept. 1, 1989. 173, Sec. Renumbered from Vernon's Ann.Civ.St. (c) The governing board of an institution of higher education may contribute an amount under this section to the benefit of a participant employed by an institution of higher education on or before August 31, 1995, that is different from the amount the governing board contributes to the benefit of a participant employed by an institution of higher education after that date. If qualified to do business in this state, a life insurance or annuity company is exempt from the payment of franchise or premium taxes on annuity or group insurance policies issued under a benefit program authorized and at least partly paid for by the governing board of an institution of higher education or the Texas Education Agency. Sec. 242, Sec. (a). September 1, 2017. 1, eff. Sept. 1, 1989. 1, eff. Government Code 830.6 . 179, Sec. Terms Used In California Government Code 830.5 Dangerous condition : means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it … 453, Sec. 1, eff. Acts 1981, 67th Leg., p. 1876, ch. (e) For a person who first became a participant in the optional retirement program before September 1, 1996, the compensation limitation under Section 401(a)(17), Internal Revenue Code (26 U.S.C. (c-2) A person who becomes eligible to participate in the optional retirement program and is notified by the person's employer of the opportunity to participate in the program on or after the 91st day after the date the person becomes eligible must be notified by the employer before the 151st day after the date the person becomes eligible. (1) and (2) and struck out former pars. (d) An institution of higher education and, if applicable, the Texas Education Agency shall certify to the comptroller, in the manner provided for estimate of state contributions to the retirement system, estimates of funds required for the payments by the state under this section. COLLECTION OF CONTRIBUTIONS FROM NONEDUCATIONAL AND GENERAL FUNDS. 453, Sec. (c) The disbursing officer of an institution of higher education and, if applicable, of the Texas Education Agency shall pay the contributions collected under this section to a company providing an optional retirement program for that institution not later than the third business day after the date the funds become legally available. (i) The entity is not liable for dangers created by properly- and reasonably -approved designs for public property. Gov.Code, § 830, subd. Section 403), as it existed on January 1, 1981, and for the purchase of fixed or variable retirement annuities that meet the requirements of that section and Section 401(g) of the Internal Revenue Code of 1986 (26 U.S.C. 391, Sec. 165, Sec. (g) In computing the amount owed by the state under Subsection (a), the compensation of members who are employed by public junior colleges or public junior college districts shall be included in the aggregate annual compensation as follows: (1) 50 percent of the eligible creditable compensation of employees who: (A) otherwise are eligible for membership in the retirement system; and, (B) are instructional or administrative employees whose salaries may be fully paid from funds appropriated under the General Appropriations Act, regardless of whether such salaries are actually paid from appropriated funds; and. What was Talikastan's consumption in … … SUBTITLE C. TEACHER RETIREMENT SYSTEM OF TEXAS. 173, Sec. Read this complete California Code, Government Code - GOV § 830 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Sept. 1, 1981. 179, Sec. Acts 1981, 67th Leg., p. 1876, ch. Sept. 1, 1999. Amended by Acts 1995, 74th Leg., ch. Sept. 1, 1997. Added by Acts 2003, 78th Leg., ch. 1, eff. 1, eff. (a) The contributions of participants in the optional retirement program shall be made by salary reduction pursuant to an agreement made under Section 830.204. 11.118, eff. Posts tagged ‘Government Code section 830.6’ Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense In Rodriguez v. 453, Sec. 418, Sec. Before sharing sensitive information, make sure you're on a federal government site. (d) A transfer described by Subsection (c) may not include the amount of any member contribution made to the retirement system in error that: (1) exceeds the amount of the participant contribution that would have been paid for the benefit of the person to the optional retirement program under Section 830.201; or. (b) An application to withdraw contributions under this section must be in writing and on a form prescribed by the board of trustees. June 20, 2003. Section 401). September 1, 2017. 391, Sec. The amount of assumed earnings is prorated to the month of payment. Sept. 1, 1989. (a) In this section: (1) "General academic teaching institution" has the meaning assigned by Section 61.003, Education Code. 830.003. Section 415(m)) for the purpose of providing to participants in the optional retirement program any portion of a participant's benefits that would otherwise be payable under the terms of the program except for the limitation on benefits imposed by Section 415 of the Internal Revenue Code of 1986 (26 U.S.C. The first 12-month period begins with the month the first deposit was submitted in error. 830.104. (a) A participant in the optional retirement program may authorize the payment of investment advisory fees from the amount in the participant's custodial account or annuity if: (1) the investment advisory fees for each fiscal year do not exceed two percent of the annual value of the participant's custodial account or annuity as of the last day of that fiscal year; (2) the fees are paid directly to a registered investment advisor that provides investment advice to the participant; (3) the investment advisor to whom the fees are paid is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940 (15 U.S.C. 1, eff. “The existence of a dangerous condition ordinarily is a question of fact, but the issue may be resolved as a matter … 74, eff. Begin typing to search, use arrow keys to navigate, use enter to select. Sec. Google Chrome, Sept. 1, 1981. Title 110B, Sec. Aug. 31, 1987. Sept. 1, 1991. 179, Sec. For these persons, the amount of compensation allowed to be taken into account under the plan shall be the amount allowed to be taken into account as of July 1, 1993. 18, Sec. Sept. 1, 1989. (b) A change of company providing optional retirement program benefits or a participant's transfer between institutions of higher education is not a termination of employment. The State Board of Education shall provide an opportunity to participate in the optional retirement program to the commissioner of education. Sept. 1, 1989. 391, Sec. 35, eff. REPORTS FROM INSTITUTIONS. Sept. 1, 1989. (2) was made on an after-tax basis unless the plan document for each employer program: (A) permits the employer program to receive direct trustee-to-trustee transfers of after-tax amounts; and. (A) the amount of any member contribution made to the retirement system in error that exceeds the amount of the participant contribution that would have been paid for the benefit of the person to the program during the period in which member contributions were submitted to the retirement system in error; (B) the amount of any member contribution made to the retirement system in error that was made on an after-tax basis and that the retirement system could not transfer via a direct trustee-to-trustee transfer under applicable provisions of the Internal Revenue Code, including regulations adopted under the Internal Revenue Code, or under the terms of the program established by the employer; and. 36.204 by Acts 1989, 71st Leg., ch. General. 453, Sec. 1812), Sec. Sec. (e) The disbursing officer of an institution of higher education and, if applicable, of the Texas Education Agency, shall: (1) send contributions to a company providing an optional retirement program for the institution by electronic transfer if the institution is currently able to send funds by electronic transfer; or. Acts 1981, 67th Leg., p. 1876, ch. 453, Sec. 9, eff. Sept. 1, 1989. Note: Authority cited: Sections 18502, 19815.4(d) and 19996.27, Government Code. (i) In determining the amount described by Subsection (h), the number of qualifying employees under Subsection (g)(1) whose compensation may be included for each public junior college or public junior college district in each biennium may not be adjusted in a proportion greater than the change in student enrollment at each college during the reporting period except that a college that experiences a decline in student enrollment may petition the Legislative Budget Board to maintain the number of eligible employees up to 98 percent of the level of the prior biennium. Benefits in the optional retirement program vest in a participant after one year of participation in one or more optional retirement plans operating under this chapter. Section 830.6. Amended by Acts 1997, 75th Leg., ch. (2) in accordance with this section and as soon as practicable, funds shall be deposited in the person's participant account in the program or otherwise remitted to the person. 36, eff. 736, Sec. The government will invest up to £830 million from the Future High Streets Fund Investment will support areas to recover from the pandemic and … Sept. 1, 1981. Sept. 1, 1985. Sept. 1, 1981. 453, Sec. In the economy of Talikastan in 2015, exports were $200, GDP was $2000, government purchases were $200, imports were $270, and investment was $500. As used in this chapter: (a) "Dangerous condition" means a condition of property that creates a substantial (as distinguished from a minor, trivial or insignificant) risk of injury when such property or adjacent property is used with due care in a manner in which it is reasonably foreseeable that it will be used. Sept. 1, 1997. (c) The benefits of an annuity purchased under the optional retirement program are available only if the participant obtains the age of 70-1/2 years or terminates participation in the program as provided by Subsection (a). 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