Welcome to the MemberDirect web site (the "Site") operated by the City of Austin Employees’ Retirement System (COAERS). To access this site, you must become a MemberDirect user by following the Registration process. You are required to read and agree to this Agreement when registering. Registration of your Username and Password will not occur unless you check the box acknowledging agreement to the following Terms and Conditions. You acknowledge and agree that you may transact business with COAERS by means other than the use of this Site, such as in person or over the telephone and that your use of this Site is voluntary.

1. LAWS AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state, and local laws and regulations.

2. RELEASE OF LIABILITY FOR THE USE OF THE SITE AND LINKED SITES

THE INFORMATION, SOFTWARE, PRODUCTS, AND DESCRIPTIONS OF SERVICES PUBLISHED ON THE SITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE CITY OF AUSTIN EMPLOYEES’ RETIREMENT SYSTEM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE SITE AND LINKED SITES. THE CITY OF AUSTIN EMPLOYEES’ RETIREMENT SYSTEM MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

YOU AGREE THAT THE CITY OF AUSTIN EMPLOYEES’ RETIREMENT SYSTEM, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF YOUR USE OF OR THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR INTERNET CONNECTION PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES, OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE, EVEN IF THE CITY OF AUSTIN EMPLOYEES’ RETIREMENT SYSTEM IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE CITY OF AUSTIN EMPLOYEES’ RETIREMENT SYSTEM CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE

I understand that while every attempt is made to ensure that the transmission of electronic data is available at all times, COAERS accepts no responsibility for damage or problems that occur as a result of interruption of data transmission services or the inability to access this service for any reason, or your error.

The information provided on the Site should not be solely relied upon. No one can detrimentally rely upon the information provided in, or requested through the Site. COAERS, AND ITS TRUSTEES AND EMPLOYEES, WILL NOT BE LIABLE FOR ANY ERRORS IN ITS CONTENT, OR FOR ANY INVESTMENT DECISIONS OR OTHER ACTIONS THAT YOU TAKE BASED ON IT. You should not rely on this information for investment, tax or legal advice.

If the information in this website conflicts with the relevant provisions established in the laws or policies which govern COAERS, the relevant law and/or policy controls. COAERS reserves the right to correct any information contained on the Site to comply with federal or state statutes, rules and policies that govern the Plan.

3. CONFIDENTIALITY OF USER INFORMATION

The City of Austin Employees’ Retirement System will endeavor to maintain the confidentiality of all user information provided on the Site which is designated confidential by law; however, the use of electronic means to access and provide your City of Austin Employees’ Retirement System information is risky and can subject you to the illegal or inappropriate use of your information. BY USING THIS SITE, YOU AGREE TO ASSUME THESE RISKS.

I understand that COAERS has implemented a web based authentication process for users. I understand COAERS has contracted with a third party vendor (LexisNexis) to access data sources to authenticate my identity for my online account. I authorize COAERS to provide LexisNexis with my name, social security number, and date of birth. I also authorize my wireless carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to COAERS and its third-party service providers my mobile number, network status, customer type, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify my identity and prevent fraud for the duration of the relationship.

4. CONFIDENTIALITY OF USER COMMUNICATIONS

Except as required by law, the City of Austin Employees’ Retirement System will endeavor to maintain the confidentiality of all user communications which contain confidential information and which are transmitted directly to the Site.

5. CHANGES TO RULES AND REGULATIONS

The City of Austin Employees’ Retirement System reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations.

6. AGREEMENT NOT TO MODIFY INFORMATION

I agree not to modify, move, add to, delete, or otherwise tamper with the information contained in the COAERS Member Portal site. I also agree not to decompile, reverse engineer, disassemble, or unlawfully use or reduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.

7. TERMINATION OF RIGHTS TO USE MEMBERDIRECT

I agree that the rights granted to me herein terminate immediately upon my violation of any of these terms of use. I also agree that COAERS reserves the right to terminate my access to the COAERS Member Portal at any time and at its sole discretion without notice.

8. VIOLATIONS OF RULES AND REGULATIONS

The City of Austin Employees’ Retirement System reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to this Site. The City of Austin Employees’ Retirement System also reserves the right to block, freeze, or otherwise restrict the access or use of the Site by any user for any reason.

9. ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized personnel only. Unauthorized individuals attempting to access these areas of the Site may be subject to criminal prosecution and to civil damages.

10. JURISDICTION/GOVERNING LAW

Users of this Site agree to submit to the laws of the State of Texas, USA and applicable federal law without regard to conflicts of laws principles. That in the event of any legal action arising out of the use of this site, the user consents to jurisdiction in Texas courts and to venue in Travis County, Texas.

11. PASSWORD RESPONSIBILITIES; INDEMNIFICATION OF COAERS

I will be solely responsible for and will be the exclusive owner of my user ID and password, which allows access to my account. I accept full responsibility for use and protection of the password used to login to an account, as well as for any transaction occurring in an account opened, held, or accessed through the password, and I agree that COAERS may presume that any request or information entered by a person using the password is authorized by me. I also understand that my retirement information is confidential by law and that any release of such information by me to the general public may result in the loss of the confidentiality of my retirement information. IF I ALLOW THIRD PARTIES TO ACCESS MY ACCOUNTS, I WILL DEFEND AND INDEMNIFY COAERS AGAINST ANY LIABILITY, ARISING OUT OF CLAIMS OR SUITS BY SUCH THIRD PARTIES BASED UPON OR RELATING TO SUCH ACCESS AND USE. I agree to notify COAERS immediately of any loss, theft, or unauthorized use of my password and/or user id.

12. DUTY TO NOTIFY COAERS IN WRITING; RELEASE OF LIABILITY

Furthermore, I agree to notify COAERS in writing, of the following: any failure to receive a message from the COAERS Member Portal indicating that a request was received and/or executed by COAERS; or any failure by me to receive an accurate confirmation of an execution; or any receipt of confirmation of a request and/or execution which I did not place; or any inaccurate information in my account balances or transaction history. If I fail to notify COAERS in writing when any of the above conditions occur, COAERS WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY CLAIMS WITH RESPECT TO THE HANDLING OR LOSS OF ANY ORDER.

If I find a discrepancy in my account information, I agree to notify COAERS within ten (10) days of the discovery of the discrepancy and COAERS will use its commercially reasonable efforts to correct the discrepancy. COAERS will not be responsible for any discrepancies that are not reported. COAERS reserves the right, in its sole discretion, to make exceptions to this policy.

13. DATA PRESENTED AS OF DATE PUBLISHED

I agree that all content on this website is presented only as of the date published or indicated, and may be superseded by other information. I agree that I am responsible for setting my cache settings on my browser to ensure I am receiving the most recent data.

14. ELECTRONIC DELIVERY CONSENT

I agree that communications, notices, and other information, including notices or other documents required by applicable law, may be delivered to me electronically. I understand and agree that COAERS may provide this information to me at my postal address, electronic mail address, online posting on the Site, via facsimile transmission, wireless services, text messaging, CD-ROM, or such other electronic method as COAERS notifies me of in the future. All communications so sent, whether by mail, electronic means, or otherwise, shall be deemed given to me personally, whether or not actually received. In addition, I acknowledge and agree that:

1. COAERS documents that may be delivered to me electronically include, but are not limited to, an annual statement, seminar information, benefit estimates, correspondence about my COAERS account and/or benefits, and any other information delivered or provided to me by COAERS.
2. The documents and other information delivered electronically may be formatted in Adobe Acrobat's portable document format ("PDF"), hypertext mark-up language ("HTML"), or other file formats that COAERS deems appropriate. In order to view or print documents provided in PDF, I may have to obtain the Adobe Acrobat Reader, which is available free of charge at Adobe’s website.
3. I am responsible for having access to any necessary hardware, software, or other technology to access the electronic deliveries made by COAERS, and understand that COAERS will not be responsible for any difficulties resulting from my failure to possess or have access to technology adequate to use the electronic communications to my satisfaction

15. ELECTRONIC SIGNATURE CONSENT

To the extent that documents may be submitted electronically through the portal, I intend and agree that such transactions may be conducted by electronic means pursuant to the Uniform Electronic Transactions Act (TEX. BUS. & COM. CODE § 322.001 et seq.) or any similar law.

16. BENEFIT AND PURCHASE ESTIMATES; RELEASE OF LIABILTIY

You may obtain estimates of benefits and purchase calculations on the Site. The information contained in an estimate is not to be construed in anyway as a promise or contract with COAERS to pay a specified benefit amount, provide a post retirement adjustment, guarantee a specific retirement eligibility date, set a specific amount for a purchase of service or a conversion of sick leave, or provide any expressed or implied right or benefit. It also may not include amounts a member is obligated to pay due to a divorce, tax levy, or other type of garnishment. Individual member circumstances and/or assumptions about future events may make these results inaccurate. The actual determination of eligibility, benefits, service purchase costs, and sick leave conversion costs will be made by COAERS based upon the law and COAERS policies in effect at the time of the determination and is subject to audit and recalculation if necessary. WHILE EVERY ATTEMPT HAS BEEN MADE TO ENSURE THE ACCURACY OF THE CALCULATIONS, COAERS DOES NOT GUARANTEE THE RESULTS PROVIDED AND IS NOT RESPONSIBLE FOR ANY CONSEQUENCE TO PERSON OR ENTITY RELYING ON THIS INFORMATION.

The information in an estimate is not intended to be legal, investment, or tax advice. The Internal Revenue Code and Regulations set limits on the amount of money a member can receive from COAERS. State laws also may govern the receipt of benefits, restrict the receipt of benefits due to divorce, or require a member’s spouse to consent to a member’s choice of benefits or beneficiaries. Members should consult with an attorney and tax professional prior to making any final decisions with respect to their COAERS benefits.

17. YOUR RESPONSIBILITIES

You are responsible for the confidentiality and use of your password. For your safety, never disclose your password to anyone. If you have any evidence or suspect any unauthorized use of your password or account, or any other security violation, you must immediately notify COAERS.

When accessing the Site, never leave your computer unattended. It is also highly recommended that you close your Internet browser (e.g. Internet Explorer, Firefox) upon exiting/signing out from your account. It is your responsibility to confirm any changes that you have made through this site independently.

When you provide information to COAERS through the Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from COAERS for any purpose.

You shall not attempt to or actually disrupt, interfere with, or alter the Site or Site content, nor shall you allow other persons to do the same. You shall not directly or indirectly collect or attempt to collect any information about others, including passwords, account or other information.

You are solely responsible for timely and properly applying for benefits. COAERS does not pay benefits retroactively. Members are encouraged not to delay when applying for benefits. Also, members are responsible for notifying COAERS of their proportionate time in all other Texas retirement systems which participate in the Proportionate Retirement Program and keeping that information current. If the member does not provide proportionate information to COAERS or does not update that information, COAERS will not have it. This may result in the loss of benefits. Members are also responsible for keeping their contact information and beneficiary designations current with COAERS.

18. LEGAL CAPACITY

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

19. COLLECTION AND USE OF INFORMATION

COAERS collects personal information from a member at several different points on Site in order to enable access to its member database. COAERS is the sole owner of any personal information collected and does not sell, share, rent or otherwise distribute any of this information.

20. E-MAIL; ASSUMPTION OF RISK

E-mail is not a secure platform. Information passed through e-mail can be intercepted by third parties. IF YOU COMMUNICATE PERSONAL INFORMATION (E.G., ACCOUNT INFORMATION) VIA AN E-MAIL TO COAERS YOU ASSUME THE RISK FOR DAMAGES WHICH MAY RESULT.

21. LINKS TO OTHER WEBSITES

As a convenience for users, the Site contains links to other websites created and maintained by other public and private entities. COAERS is not responsible for the material found on any linked site or for the privacy practices of such other sites. We encourage you to read the privacy statements of these linked sites because their privacy policies may differ from ours.

22. LOG FILES

COAERS logs Internet Provider (IP) addresses and user browser types for statistical and systems administration purposes only. These logs are analyzed to determine user interest in the various areas of our site, to identify system performance or problem areas and to improve the value of the materials available on the website.

23. SEVERABILITY

In the event any provision of these Terms and Conditions shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof.

24. WIRELESS CARRIER AUTHORIZATION

You authorize your wireless carrier (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose to COAERS and its third-party service providers your mobile number, network status, customer type, customers role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the relationship.