By: Cuellar, H. H.B. No. 270
73R535 SOS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a fund administered by the Employees Retirement System
1-3 of Texas for certified communications officers of the Department of
1-4 Public Safety.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter D, Chapter 815, Government Code, is
1-7 amended by adding Section 815.3171 to read as follows:
1-8 Sec. 815.3171. CERTIFIED COMMUNICATIONS OFFICER SUPPLEMENTAL
1-9 RETIREMENT FUND. (a) The certified communications officer
1-10 supplemental retirement fund is created outside the state treasury.
1-11 (b) The comptroller of public accounts shall deposit in the
1-12 fund fees credited to the fund as provided by Article 102.011(i),
1-13 Code of Criminal Procedure, any appropriations made by the
1-14 legislature to the fund, and proceeds from investment of the fund.
1-15 (c) The retirement system may use money from the fund only
1-16 to pay supplemental retirement and death benefits to certified
1-17 communications officers for service as law enforcement officers as
1-18 provided by this subtitle and to pay for the administration of the
1-19 fund.
1-20 (d) Money appropriated to pay benefits from the fund as
1-21 provided by this subtitle may not be diverted or used to pay any
1-22 other benefits.
1-23 SECTION 2. Section 811.001, Government Code, is amended by
1-24 amending Subdivisions (6) and (9) and adding Subdivision (18) to
2-1 read as follows:
2-2 (6) "Combined retirement annuity" means the amount
2-3 payable on retirement for service credited as a member of the
2-4 employee class of membership plus any supplemental amount payable
2-5 from the law enforcement and custodial officer supplemental
2-6 retirement fund or from the certified communications officer
2-7 supplemental retirement fund.
2-8 (9) "Law enforcement officer" means a member of the
2-9 retirement system who:
2-10 (A) has been commissioned as a law enforcement
2-11 officer by the Department of Public Safety, the Texas Alcoholic
2-12 Beverage Commission, the State Purchasing and General Services
2-13 Commission<,> Capitol Area Security Force, or the Parks and
2-14 Wildlife Department and who is recognized as a commissioned law
2-15 enforcement officer by the Commission on Law Enforcement Officer
2-16 Standards and Education; or
2-17 (B) is a certified communications officer.
2-18 (18) "Certified communications officer" means an
2-19 employee of the Communications Service and Headquarters
2-20 Communications Bureau of the Department of Public Safety who is
2-21 certified by the Commission on Law Enforcement Officer Standards
2-22 and Education and whose duties require:
2-23 (A) training in the use of deadly force,
2-24 proficiency with a shotgun of a type required to be maintained on
2-25 the premises of the facility at which the officer works, and
2-26 operation of a complex law enforcement telecommunications system
2-27 through which information is received from and disseminated to
3-1 local, state, and national criminal justice agencies; or
3-2 (B) the planning, supervision, maintenance, and
3-3 coordination of operations of a regional law enforcement
3-4 telecommunications network, and the coordination and supervision of
3-5 communication activities at disasters or other emergencies
3-6 involving threats to life.
3-7 SECTION 3. Section 814.104(b), Government Code, is amended
3-8 to read as follows:
3-9 (b) A member who is at least 55 years old and who has at
3-10 least 10 years of service credit as a commissioned peace officer
3-11 engaged in criminal law enforcement activities of the Department of
3-12 Public Safety, the Texas Alcoholic Beverage Commission, the State
3-13 Purchasing and General Services Commission Capitol Area Security
3-14 Force, or the Parks and Wildlife Department, as a certified
3-15 communications officer, or as a custodial officer, is eligible to
3-16 retire and receive a service retirement annuity.
3-17 SECTION 4. Section 814.107, Government Code, is amended to
3-18 read as follows:
3-19 Sec. 814.107. Service Retirement Benefits for Certain Peace
3-20 Officers. (a) A member who has at least 20 years of service
3-21 credit as a law enforcement or custodial officer is eligible to
3-22 retire regardless of age and receive a standard service retirement
3-23 annuity in an amount and to be funded as provided by this section.
3-24 (b) The standard service retirement annuity payable for at
3-25 least 20 years of service credit as a law enforcement or custodial
3-26 officer is an amount computed on the basis of the member's average
3-27 monthly compensation for that service for the 36 highest months of
4-1 compensation, times a percentage derived from the following table:
4-2 Years of Law Enforcement or Percentage of Average
4-3 Custodial Officer Service Credit Monthly Compensation
4-4 at least 20 but less than 21 50 percent
4-5 at least 21 but less than 22 52 percent
4-6 at least 22 but less than 23 54 percent
4-7 at least 23 but less than 24 56 percent
4-8 at least 24 but less than 25 58 percent
4-9 at least 25 but less than 26 60 percent
4-10 at least 26 but less than 27 62 percent
4-11 at least 27 but less than 28 64 percent
4-12 at least 28 but less than 29 66 percent
4-13 at least 29 but less than 30 68 percent
4-14 at least 30 but less than 31 70 percent
4-15 at least 31 but less than 32 71 percent
4-16 at least 32 but less than 33 72 percent
4-17 at least 33 but less than 34 73 percent
4-18 at least 34 but less than 35 74 percent
4-19 at least 35 but less than 36 75 percent
4-20 at least 36 but less than 37 76 percent
4-21 at least 37 but less than 38 77 percent
4-22 at least 38 but less than 39 78 percent
4-23 at least 39 but less than 40 79 percent
4-24 40 or more 80 percent
4-25 (c) The standard combined service retirement annuity that is
4-26 payable under this section is based on retirement at the age of 50
4-27 or older.
5-1 (d) A law enforcement or custodial officer who is not a
5-2 certified communications officer and who retires before attaining
5-3 the age of 50 is entitled to an annuity that is actuarially reduced
5-4 from the annuity available at the age of 50 to the earlier
5-5 retirement age and is payable from the law enforcement and
5-6 custodial officer supplemental retirement fund.
5-7 (e) A certified communications officer who retires before
5-8 attaining the age of 50 is entitled to an annuity that is
5-9 actuarially reduced from the annuity available at the age of 50 to
5-10 the earlier retirement age and is payable from the certified
5-11 communications officer supplemental retirement fund.
5-12 (f) <(d)> A member who retires under this section retires
5-13 simultaneously from the employee class of membership. Benefits for
5-14 service in the employee class of membership become payable from the
5-15 trust fund established by Section 815.310 at the age of 50 under
5-16 the computation provided by Section 814.105. Optional retirement
5-17 annuities provided by Section 814.108 are available to a member
5-18 eligible to receive a service retirement annuity under this
5-19 section, but the same optional plan and designee must be selected
5-20 for the portion of the annuity payable from the law enforcement and
5-21 custodial officer supplemental retirement fund or from the
5-22 certified communications officer supplemental retirement fund and
5-23 the portion payable from the trust fund established by Section
5-24 815.310.
5-25 (g) <(e)> The amount payable from the law enforcement and
5-26 custodial officer supplemental retirement fund is reducible by the
5-27 amount paid from the trust fund established by Section 815.310 for
6-1 service as a law enforcement or custodial officer.
6-2 (h) The amount payable from the certified communications
6-3 officer supplemental retirement fund is reducible by the amount
6-4 paid from the trust fund established by Section 815.310 for service
6-5 as a law enforcement officer.
6-6 (i) The total combined amount of an annuity under this
6-7 section may not be less than the authorized benefit under
6-8 Subsection (b) subtracted by any amount necessary because of
6-9 selection of an optional annuity, because of retirement before the
6-10 age of 50, or as provided by Subsection (j) <(f)>.
6-11 (j) <(f)> The standard combined service retirement annuity
6-12 payable for at least 20 years of service credit as a law
6-13 enforcement or custodial officer may not exceed 80 percent of the
6-14 higher of the average compensation computed under Section 814.105
6-15 or the average compensation computed under Subsection (b).
6-16 (k) <(g)> For purposes of this section, service as a law
6-17 enforcement or custodial officer is creditable as provided by rule
6-18 of the board of trustees or on a month-to-month basis, whichever is
6-19 greater.
6-20 (l) <(h)> If Section 815.405 is held to be invalid by a
6-21 court of competent jurisdiction and the decision becomes final, an
6-22 annuity may not be paid under this section.
6-23 SECTION 5. Section 814.207(d), Government Code, is amended
6-24 to read as follows:
6-25 (d) The portion of the annuity under this section payable
6-26 from the law enforcement and custodial officer supplemental
6-27 retirement fund or from the certified communications officer
7-1 supplemental retirement fund is the amount remaining after
7-2 deduction of any amount payable under Section 814.206 except the
7-3 portion of an amount that exceeds the minimum payments provided by
7-4 Section 814.206(b) and that is made for service other than as a law
7-5 enforcement or custodial officer.
7-6 SECTION 6. Section 815.208(c), Government Code, is amended
7-7 to read as follows:
7-8 (c) The board of trustees shall make payments from the law
7-9 enforcement and custodial officer supplemental retirement fund and
7-10 from the certified communications officer supplemental retirement
7-11 fund for services rendered by the actuary for the law enforcement
7-12 and custodial officer supplemental retirement fund or the certified
7-13 communications officer supplemental retirement fund, as
7-14 appropriate, <that fund> and approved by the board.
7-15 SECTION 7. Section 815.301(a), Government Code, is amended
7-16 to read as follows:
7-17 (a) The board of trustees shall:
7-18 (1) invest the assets of the retirement system, other
7-19 than assets of the law enforcement and custodial officer
7-20 supplemental retirement fund and of the certified communications
7-21 officer supplemental retirement fund, as a single fund without
7-22 distinction as to their source; and
7-23 (2) hold securities purchased with the assets
7-24 described by Subsection (a)(1) collectively for the proportionate
7-25 benefit of all accounts in the trust fund that are listed in
7-26 Section 815.310(b).
7-27 SECTION 8. Section 815.308(b), Government Code, is amended
8-1 to read as follows:
8-2 (b) The amount of cash on hand may not exceed 10 percent of
8-3 the total amount in the funds of the retirement system on deposit
8-4 with the state treasurer, excluding the assets of the law
8-5 enforcement and custodial officer supplemental retirement fund and
8-6 the certified communications officer supplemental retirement fund.
8-7 SECTION 9. Section 815.309, Government Code, is amended to
8-8 read as follows:
8-9 Sec. 815.309. Crediting System Assets. All assets of the
8-10 retirement system, except assets of the law enforcement and
8-11 custodial officer supplemental retirement fund and the certified
8-12 communications officer supplemental retirement fund, shall be
8-13 credited to the trust fund established by Section 815.310.
8-14 SECTION 10. Sections 815.403(a), (b), and (e), Government
8-15 Code, are amended to read as follows:
8-16 (a) During each fiscal year, the state shall contribute to
8-17 the retirement system:
8-18 (1) an amount equal to 7.4 percent of the total
8-19 compensation of all members of the retirement system for that year;
8-20 (2) money to pay lump-sum death benefits for retirees
8-21 under Section 814.501;
8-22 (3) money necessary for the administration and payment
8-23 of benefits from the law enforcement and custodial officer
8-24 supplemental retirement fund;
8-25 (4) money necessary for the administration and payment
8-26 of benefits from the certified communications officer supplemental
8-27 retirement fund; and
9-1 (5) <(4)> money for service credit not previously
9-2 established, as provided by Section 813.202(e) or 813.302(d).
9-3 (b) Before November 2 of each even-numbered year, the
9-4 retirement system shall certify to the Legislative Budget Board and
9-5 to the budget division of the governor's office for review:
9-6 (1) an estimate of the amount necessary to pay the
9-7 state's contribution under Subsections (a)(1), (a)(2), and (a)(4)
9-8 for the following biennium;
9-9 (2) the estimated amount, based on actuarial
9-10 valuations, of appropriated funds required in addition to other
9-11 available money to finance all benefits provided from the law
9-12 enforcement and custodial officer supplemental retirement fund and
9-13 from the certified communications officer supplemental retirement
9-14 fund for the following biennium;
9-15 (3) the estimated amount, based on actuarial
9-16 valuations, of appropriated funds required for the following
9-17 biennium to fully finance, within a period of not more than 36
9-18 years after September 1, 1979, liabilities of the law enforcement
9-19 and custodial officer supplemental retirement fund accrued because
9-20 of service performed before September 1, 1979; and
9-21 (4) as a separate item, an estimate of the amount
9-22 required to administer the law enforcement and custodial officer
9-23 supplemental retirement fund and the certified communications
9-24 officer supplemental retirement fund for the following biennium.
9-25 (e) All money allocated and appropriated by the state to the
9-26 retirement system for benefits provided by the retirement system,
9-27 except money for the payment of lump-sum death benefits and for the
10-1 payment of benefits from the law enforcement and custodial officer
10-2 supplemental retirement fund and from the certified communications
10-3 officer supplemental retirement fund, shall be paid, based on the
10-4 annual estimate of the retirement system, in monthly installments
10-5 to the state accumulation fund. The money required for state
10-6 contributions and membership fees shall be from respective funds
10-7 appropriated to pay the compensation of the member for whose
10-8 benefit the contribution or fee is paid. If the total of the
10-9 estimated required payments is not equal to the total of the actual
10-10 payments required for a fiscal year, the retirement system shall
10-11 certify to the state comptroller of public accounts and the state
10-12 treasurer at the end of that year the amount required for necessary
10-13 adjustments, and the state treasurer shall make the required
10-14 adjustments.
10-15 SECTION 11. Article 102.011, Code of Criminal Procedure, is
10-16 amended by amending Subsections (f) and (h) and adding Subsection
10-17 (i) to read as follows:
10-18 (f) The custodian of a municipal or county treasury who
10-19 receives fees imposed under this article for services performed by
10-20 peace officers employed by the state shall forward the fees to the
10-21 comptroller of public accounts by the last day of the month
10-22 following each calendar quarter after first depositing the amounts
10-23 required by Subsection (i) of this article and then deducting
10-24 four-fifths of the amount of the remainder of the fees <each fee>
10-25 received for a service performed under Subsection (a)(1) or (a)(2)
10-26 of this article, in a manner directed by the comptroller. The
10-27 municipality or county may retain all interest earned on those
11-1 funds.
11-2 (h) Except as provided by Subsection (i) of this article,
11-3 the <The> comptroller of public accounts shall credit fees received
11-4 under Subsection (f) of this article to the general revenue fund.
11-5 (i) The custodian of a municipal or county treasury who
11-6 receives fees imposed under Subsection (a)(2) of this article for
11-7 services of peace officers shall, regardless of whether the
11-8 services are performed by peace officers employed by this state,
11-9 deposit $1 of each fee received in a separate interest-bearing
11-10 account. The custodians shall keep records of the amount of fees
11-11 in the account that are on deposit with them and shall on or before
11-12 the last day of the month following each calendar quarter remit to
11-13 the comptroller of public accounts fees deposited as provided by
11-14 this subsection during the preceding quarter. The comptroller
11-15 shall deposit fees received under this subsection in the certified
11-16 communications officer supplemental retirement fund.
11-17 SECTION 12. (a) Article 102.011(i), Code of Criminal
11-18 Procedure, as added by this Act, applies only to a fee that is
11-19 imposed on or after September 1, 1993.
11-20 (b) This Act takes effect September 1, 1993, except Sections
11-21 1-10 take effect January 1, 1994.
11-22 (c) Sections 1-10 of this Act apply only to retirement or
11-23 deaths that occur on or after January 1, 1994.
11-24 SECTION 13. The importance of this legislation and the
11-25 crowded condition of the calendars in both houses create an
11-26 emergency and an imperative public necessity that the
11-27 constitutional rule requiring bills to be read on three several
12-1 days in each house be suspended, and this rule is hereby suspended.