|
Senate Bill 220 |
Senate Author: Birdwell et al. |
|
Effective: See below |
House Sponsor: Anchia |
Senate Bill 220 abolishes the office of the firefighters' pension commissioner and terminates all of the commissioner's powers, duties, obligations, and rights of action under the Texas Local Fire Fighters Retirement Act (TLFFRA), effective September 1, 2013. The bill requires the Texas Emergency Services Retirement System (TESRS) board of trustees, not later than that date, to appoint an executive director for the system and transfers all of the former commissioner's powers, duties, obligations, and rights of action either to that executive director or to the board of trustees. The bill transfers any office furniture, equipment, files, and related materials used by the commissioner to the executive director and transfers to the comptroller of public accounts all other property not otherwise transferred to the executive director.
Senate Bill 220 continues a commissioner rule adopted under Government Code provisions relating to TESRS in effect until its amendment or repeal by the TESRS board of trustees and provides for the expiration of a commissioner rule adopted in connection with or related to the TLFFRA on September 1, 2013. The bill transfers and reappropriates the unobligated and unexpended balance of any appropriation made to the commissioner in connection with TESRS to the TESRS board of trustees to implement the transfer of powers, duties, obligations, and rights of action and transfers the unobligated and unexpended balance of any appropriations made to the commissioner in connection with or relating to the TLFFRA to the general revenue fund. The bill transfers an administrative hearing on appeal to the commissioner to the State Office of Administrative Hearings without change in status and requires the attorney general to continue any proceeding involving the office of the commissioner that is pending on the bill's effective date in accordance with the law in effect on the date the proceeding began. The bill requires the governor, if the required transfers are not completed by September 1, 2013, to appoint a person to complete the transfers.
Senate Bill 220 amends the Government Code to replace references to the commissioner with references to the executive director. The bill subjects the TESRS board of trustees to review under the Texas Sunset Act but does not provide for its abolishment under that act and schedules the board to be reviewed in 2025 and every 12 years after that. The bill sets out across-the-board sunset provisions relating to prohibited conflicts of interest for TESRS trustees, employees, and general counsel; mandatory training for TESRS board members; separation of board and executive director responsibilities; and complaint processing. The bill also requires the board to develop and implement contract management policies for applicable TESRS staff.
Senate Bill 220 requires the TESRS board of trustees to electronically submit a report to the governor, the legislature's presiding officers, the Legislative Budget Board, and the State Pension Review Board if there are any significant changes to the actuarial valuation of the pension system's assets or liabilities or to the contributions made to or benefits paid from TESRS or if there is a need to correct or repeat an actuarial valuation because of the use of erroneous information or assumptions. The bill sets out content requirements for an actuarial valuation of the TESRS pension fund and requires both a periodic audit of the actuarial valuation and the periodic conduct of an actuarial experience study.
Senate Bill 220 amends the TLFFRA to require the State Pension Review Board to provide technical assistance, training, and information to members of local boards of trustees under that act and to clarify the State Pension Review Board's role with respect to the referral of certain appeals to the State Office of Administrative Hearings and makes other conforming changes to that act, the Education Code, and the Government Code.
Except as otherwise provided, the bill takes effect June 14, 2013.