Klumb v. Houston Municipal Employees Pension System

458 S.W.3d 1, 58 Tex. Sup. Ct. J. 554, 2015 Tex. LEXIS 266, 2015 WL 1276557
CourtTexas Supreme Court
DecidedMarch 20, 2015
DocketNO. 13-0515
StatusPublished
Cited by192 cases

This text of 458 S.W.3d 1 (Klumb v. Houston Municipal Employees Pension System) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Klumb v. Houston Municipal Employees Pension System, 458 S.W.3d 1, 58 Tex. Sup. Ct. J. 554, 2015 Tex. LEXIS 266, 2015 WL 1276557 (Tex. 2015).

Opinion

Justice Guzman

delivered the opinion of the Court.

The dispute in this case arises in the context of a unique statutory scheme that confers expansive administrative authority and broadly prohibits judicial review. At issue is whether Houston Municipal Employees Pension System (HMEPS) board members violated HMEPS’s enabling statute by requiring the petitioners’ continued participation in the City of Houston’s defined-benefit pension plan. As provided by statute, the pension board has exclusive, final, and binding authority to interpret, construe, and supplement omissions in the statute and to determine all questions pertaining to eligibility for membership, services, and benefits. Tex. Rev. Civ. Stat. Ann. Art. 6243h, § 2(x)-(y). Consis[4]*4tent with this legislative mandate, we have held that HMEPS’s enabling statute precludes judicial review of such matters. Houston Mun. Emps. Pension Sys. v. Ferrell, 248 S.W.3d 151, 158-59 (Tex. 2007). To defeat the presumptive jurisdictional bar, the petitioners assert that subject-matter jurisdiction exists here because the pension-board members acted ultra vires and violated the Texas Constitution by augmenting the statute rather than interpreting it.

The underlying dispute arose when the City of Houston attempted to remove a division of employees from the pension system by forming quasi-governmental entities to perform the same governmental functions using the same employees. Contemporaneously with the City’s restructuring efforts, the pension board determined that those employees remained under the City’s effective control and payroll and therefore fell within the ambit of the statutory definition of “employee,” which defines an individual’s status as a HMEPS member. See Tex. Rev. Civ. Stat. Ann. Art. 6243h, §§ 1(11) (defining “employee”), (13) (defining “member”). The board’s decision resulted in otherwise eligible members being denied “retiree” status and further required affected employees to continue making contributions to the pension fund despite being under the immediate employ of a third-party entity. See id. §§ 1(22) (defining “retiree”), (24) (defining “separation from service”). The individual petitioners and the City assert that the pension board unlawfully redefined the term “employee” to capture these employees after they had ceased working for the City. Considering HMEPS and the board members’ plea to the jurisdiction, the trial court found jurisdiction to be lacking, and the court of appeals affirmed. 405 S.W.3d 204, 209 (Tex. App.—Houston [1st Dist.] 2013).

We conclude the trial court lacks subject-matter jurisdiction over the claims asserted because (1) the pension board acted within the scope of its broad statutory authority in construing the term “employee” and (2) the individual petitioners have not asserted viable constitutional claims. Accordingly, we affirm the court of appeals’ judgment.

I. Background

HMEPS is organized and operated under Article 6243h of the Texas Revised Civil Statutes, which requires cities with a population of more than 1.5 million to make contributions to an employee pension fund in an amount based in part on the combined salary of the pension system’s members.1 Tex. Rev. Civ. Stat. Ann. Art. 6243h, §§ 1-28; see also id. § 8(d). The statute defines a “member” of the pension fund as “each active employee included in the pension system,” except for statutorily ineligible employees. Id. § 1(13). An “employee” is “any [eligible] person ... who holds a municipal position[,] ... whose name appears on a regular full-time payroll of.a city[,] ... and who is paid a regular salary for services.” Id. § 1(11).

HMEPS is governed by a Board of Trustees imbued with broad authority to administer, manage, and operate the pension fund. See id. § 2(x). Among other powers, the pension board can (1) adopt written rules and guidelines for the administration of the pension fund; (2) interpret, and construe .the Act and any summary-plan documents and procedures, provided such construction is consistent with section 401 of the Internal Revenue Code of 1986, as amended (IRC); (3) “correct any defect,' supply any omission, and reconcile any [5]*5inconsistency” in the statute in the manner and to the extent the board deems “for the greatest benefit of all members”; and (4) determine all legal and factual questions pertaining to the fund’s administration and eligibility for membership, services, and benefits. Id. So broad is the board’s authority that the statute expressly mandates that “[t]he determination of any fact by the pension board and the pension board’s interpretation of [the] Act are final and binding on any interested party, including members, deferred participants, retirees, ... and the city.” Id. § 2(y). But though the board’s authority under the statute is indisputably broad, the allegation in the underlying lawsuit is that the pension board crossed the line between interpreting the statute, which it is expressly authorized to do, and unlawfully altering it by supplementing the statutory definition of “employee” in a manner that encompasses personnel the City has outsourced to a third-party entity.

At the heart of the dispute is the City’s effort to reduce its pension-fund contributions by using outsourcing as part of a comprehensive cost-saving initiative. Historically, the City has employed more than 100 people in its Convention and Entertainment Facilities Department (convention department) to operate municipally-owned properties such as theaters, convention centers, and parking lots. In May 2011, however, the City announced plans to remove those employees from the municipal payroll — and thus the pension system — by outsourcing convention and entertainment municipal functions to Houston First Corporation, a City-controlled, tax-funded local government corporation. Among other indicia of control, Houston First’s budget is approved by the Houston City Council, and its board is appointed by the mayor and confirmed by the city council.

In response to the City’s transition plan, the pension board announced in August 2011 that the definition of “employee” in Article 6243h “includes a full-time employee of a Texas local government corporation ... controlled by the City, upon a determination by the External Affairs Committee of the Board of Trustees that such [local government corporation’s employees are Employees for purposes of the [HMEPS] Plan.” Thereafter, the board amended the pension-plan documents to incorporate this construction of the term “employee.”

Undeterred, the City formed a nonprofit entity named Houston First Foundation and notified the pension board that the newly formed entity would employ all the City employees who had been slated to join Houston First Corporation. Believing Houston First Foundation to be a wholly-owned and controlled subsidiary of Houston First Corporation — and by extension, the City — the pension board adopted a resolution in October 2011 that reiterated the previously adopted construction of the term “employee” and further announced that “employees of any entity controlled, directly or indirectly, by [the City] are considered Employees for purposes of membership in HMEPS, unless the External Affairs Committee expressly determines otherwise.”

Subsequently, the City abandoned Houston First Foundation and formed another nonprofit corporation called Convention and Cultural Services, Inc.

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Bluebook (online)
458 S.W.3d 1, 58 Tex. Sup. Ct. J. 554, 2015 Tex. LEXIS 266, 2015 WL 1276557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/klumb-v-houston-municipal-employees-pension-system-tex-2015.