A qualifying member may choose a cash balance annuity with a partial lump-sum distribution, but the lump sum is capped and specific notice and eligibility rules apply.
Sec. 840A.056. PARTIAL LUMP-SUM CASH BALANCE OPTION. (a) A member who is eligible for a cash balance annuity may select a standard cash balance annuity under Section 840A.053 or an optional cash balance annuity under Section 840A.054, together with a partial lump-sum distribution. (b) The amount of the lump-sum distribution under this section may not exceed the sum of 36 months of a standard cash balance annuity computed without regard to this section. (c) The cash balance annuity selected by the member shall be actuarially reduced to reflect the lump-sum option selected by the member and shall be actuarially equivalent to a standard or optional cash balance annuity, as applicable, without the partial lump-sum distribution. The annuity and lump sum shall be computed to result in no actuarial loss to the retirement system. (d) The lump-sum distribution shall be made as a single payment payable at the time that the first monthly annuity payment is paid. (e) The amount of the lump-sum distribution shall be deducted from any amount otherwise payable under this chapter. (f) The partial lump-sum option under this section may be elected only once by a member and may not be elected by a retiree. A member retiring under the proportionate retirement program under Chapter 803 is not eligible for the partial lump-sum option. (g) Before a retiring member selects a partial lump-sum distribution under this section: (1) the retirement system shall provide written notice to the member of the amount by which the member's annuity will be reduced because of the selection; and (2) the member must acknowledge receipt of the notice in writing. (h) The board of trustees may adopt rules for the implementation of this section and may authorize the option to be used for a death benefit annuity. This section does not apply to a disability retirement annuity. Added by Acts 2023, 88th Leg., R.S., Ch. 1092 (S.B. 1245), Sec. 16, eff. June 18, 2023.