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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 81(R)

House Bill 2751

House Author:  Truitt

Effective:  9-1-09

Senate Sponsor:  Duncan et al.


            House Bill 2751 amends the Government Code to authorize an emergency services department participating in the Texas Emergency Services Retirement System to elect to include departmental support staff as members of the pension system on the same terms as all other department volunteers and authorizes a participating department that previously did not enroll its support staff as members of the pension system to purchase service credit performed before the date of the election under the terms required for the purchase of prior service credit for service performed before the department's participation in the retirement system.  The bill authorizes the state board of the retirement system to charge interest on past-due contributions attributable to a correction of an error by a local board related to enrollment or qualified service and requires such interest charges to be deposited in the Texas emergency services retirement fund.

            House Bill 2751 also authorizes the state board, by rule, to provide a death benefit to more than one beneficiary of a member whose death was not service-related, but it prohibits payment of a death benefit to a beneficiary convicted of causing the member's death and authorizes a delay of a benefit payment pending the results of a criminal investigation. The bill also requires the state board to designate a medical board composed of three physicians to investigate essential statements and certificates made by or on behalf of a pension system member in connection with an application for disability retirement or, as requested by the commissioner, with an application for an on-duty death benefit. The bill exempts the medical board from subpoena regarding findings it makes in assisting the commissioner and grants its members immunity from liability for any opinions, conclusions, or recommendations made under these provisions.