Texas public pension systems are reviewing new federal rules that establish accessibility requirements for websites and mobile apps used by state and local governments. The U.S. Department of Justice finalized the rule under Title II of the Americans with Disabilities Act to ensure digital services are accessible to people with disabilities.

The rule sets two compliance dates: April 24, 2026, and April 26, 2027. The 2026 date applies to government entities that serve populations of 50,000 or more. The 2027 date applies to entities that fall under the federal definition of a special district government. This distinction has raised questions for Texas pension systems about which date applies to them.

Some retirement systems have received guidance suggesting that they qualify as special district governments due to their structure, statutory authority, and administrative independence. These systems would follow the 2027 deadline. Since governance models differ across Texas, each fund should consult its legal counsel to confirm which deadline applies.

Why the Deadlines Are in Question

The DOJ defines a special district government in 28 CFR § 35.104 as a public entity, other than a county, municipality, township, or independent school district, that is authorized by state law to provide a specific function and has enough administrative and fiscal autonomy to qualify as a separate government.

Under this definition, several Texas public pension funds have been advised that they qualify as special district governments and therefore meet the 2027 deadline regardless of the size of the city or county whose employees they serve. This interpretation has been shared with multiple systems, including those that are currently planning or implementing website upgrades.

Interpretations can vary based on each system’s statutory framework, governance structure, and relationship with the sponsoring entity. For this reason, TEXPERS recommends that every board seek its own legal opinion.

What the Rule Requires

Regardless of the deadline, the new rule sets a clear accessibility standard. Covered entities must meet the Web Content Accessibility Guidelines version 2.1, Level AA, known as WCAG 2.1 AA. Developed by the World Wide Web Consortium, WCAG outlines how to design and code digital content so that people with vision, hearing, mobility, or cognitive disabilities can use it.

In practical terms, WCAG 2.1 AA requires:

• Text alternatives for images
• Captions for videos
• Clear color contrast
• Full functionality using only a keyboard
• Logical headings, labels, and instructions

These standards are widely used across the public sector and serve as the federal benchmark for accessibility.

Which Pension Systems Are Covered

The ADA Title II rule applies to state and local government entities. Most Texas public pension systems meet one or more elements of this definition, including:

• Being created by state law, city ordinance, or local charter
• Administering retirement benefits for public employees
• Operating with independent boards, administrative authority, or fiduciary autonomy

These characteristics often align with the definition of a special district government, which is why many systems may qualify for the 2027 deadline. Still, because legal structures differ, each system should confirm its classification with counsel rather than assume one timeline or the other.

What Is Covered Under the Rule

The rule applies to all public-facing digital content a government entity provides or makes available. This includes:

• Main websites
• Member portals
• Online calculators and estimators
• Forms, documents, and enrollment tools
• Videos, images, and PDFs
• Mobile apps

Even when these tools are built or hosted by third-party vendors, pension systems remain responsible for ensuring compliance with applicable laws and regulations.

How Pension Systems Can Prepare Now

Although interpretations of the deadlines may still be under review, systems can begin preparing by focusing on steps that will apply no matter which date governs them.

1. Appoint a lead. Assign a staff member or team to oversee accessibility planning and WCAG compliance.
2. Inventory digital content. Identify websites, PDFs, forms, and applications that members use.
3. Conduct an accessibility audit. Assess barriers such as missing alt text, low color contrast, or non-compliant forms.
4. Modernize content. Convert outdated PDFs into accessible formats and update web templates to meet the WCAG 2.1 AA standards.
5. Strengthen vendor contracts. Require accessibility testing, documentation, and conformance with WCAG standards.
6. Implement ongoing testing. Utilize automated scans in conjunction with manual reviews, incorporating screen readers and keyboard navigation.
7. Train staff. Ensure communications, IT, and vendor teams understand accessibility requirements.

Cost and Support Considerations

Many Texas public pension systems have limited technology budgets or small staff. Accessibility improvements do not always require significant expenditures, but they do require planning. Systems can tap resources such as:

• Accessibility consultants and audits
• Affordable testing tools
• Statewide or municipal IT collaborations
• Training offered by national nonprofits and accessibility organizations

Peer funds that are undergoing similar upgrades may also be valuable resources.

Why This Matters

Accessible design improves clarity, usability, and trust for all members. It enhances compliance, reduces risk, and reflects a retirement system’s commitment to equitable service delivery. The WCAG 2.1 AA rule is now in place. What remains is for each Texas public pension system to confirm its deadline, understand the requirements, and begin preparing for the work ahead.

Resources

• DOJ Fact Sheet: Nondiscrimination on the Basis of Disability: Accessibility of Web Information and Services of State and Local Governments: https://www.ada.gov/assets/pdfs/web-rule.pdf
• Federal Register Final Rule (28 CFR Part 35, Subpart H): https://www.federalregister.gov/documents/2024/04/24/2024-07758/nondiscrimination-on-the-basis-of-disability-accessibility-of-web-information-and-services-of-state
• W3C WCAG 2.1 Guidelines: https://www.w3.org/TR/WCAG21/

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About the Author: Allen Jones is the director of communications and event marketing for TEXPERS. He joined the Association in 2017. Before TEXPERS, he worked in the news media industry, producing content for newspapers, magazines, and online publications and leading newsrooms as an editor and publications manager. [email protected]