73R1917 GCH-D
By Greenberg H.B. No. 721
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to benefits and eligibility for benefits from fire
1-3 fighters' retirement systems in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3(a)(1), Chapter 183, Acts of the 64th
1-6 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 (1) Any fire fighter who has been duly appointed and
1-9 enrolled and who has performed service in any rank, as a fully paid
1-10 fire fighter, in one or more fire departments in any city in this
1-11 state covered by the provisions of this Act may retire and be
1-12 entitled to receive from the fire fighter's relief and retirement
1-13 fund of that city a monthly pension equal to 2-1/2 percent of the
1-14 fire fighter's average monthly salary multiplied by the number of
1-15 the person's years of service and any fraction of a year of
1-16 service, if the fire fighter:
1-17 (A) has attained the age of 52 <53> years and
1-18 completed at least 10 years of service; or
1-19 (B) has served actively for a period of at least
1-20 27 <28> years, regardless of age.
1-21 SECTION 2. Section 3(f), Chapter 183, Acts of the 64th
1-22 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-23 is amended to read as follows:
1-24 (f) Any person who has been appointed and enrolled and
2-1 either has attained the age of 50 years and served actively for a
2-2 period of at least 10 years, or has served at least 25 years,
2-3 regardless of age, <and whose service was performed> in any rank,
2-4 as a fully paid fire fighter <fireman>, in one or more regularly
2-5 organized fire departments in any city covered by this Act may
2-6 retire and be entitled to receive from the fire fighter's relief
2-7 and retirement fund of that city a <reduced> monthly pension equal
2-8 to the pension described under Section 3(a) of this Act, reduced
2-9 according to tables recommended by the board of trustees' actuary
2-10 and adopted by the board for <multiplied by a percentage determined
2-11 by the board of trustees' actuary as the percentage necessary to
2-12 provide an actuarially equivalent> early retirement <benefit>.
2-13 SECTION 3. Section 5(a)(1), Chapter 183, Acts of the 64th
2-14 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
2-15 is amended to read as follows:
2-16 (1) A fire fighter's normal retirement age is the
2-17 earliest age at which the fire fighter will be at least 52 <53>
2-18 years of age and will have completed at least 10 years of service
2-19 or the earliest age at which the fire fighter would have completed
2-20 at least 27 <28> years of service had the fire fighter not
2-21 terminated employment.
2-22 SECTION 4. Section 5(b), Chapter 183, Acts of the 64th
2-23 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
2-24 is amended to read as follows:
2-25 (b) In the event a fire fighter who terminates employment
2-26 with the fire department under this section dies either before age
2-27 52 <53> or after attaining the age of 52 <53> and beginning to
3-1 receive benefits under this section, the fire fighter's surviving
3-2 spouse is entitled to receive an immediate monthly benefit as
3-3 described under Section 11(c) of this Act, if the spouse was
3-4 married to the fire fighter:
3-5 (1) on the fire fighter's date of termination, if the
3-6 fire fighter's death occurred before age 52 <53>; or
3-7 (2) when the fire fighter attained the age of 52 <53>,
3-8 if the fire fighter's death occurred after attaining the age of 52
3-9 <53>.
3-10 SECTION 5. Section 10(e), Chapter 183, Acts of the 64th
3-11 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
3-12 is amended to read as follows:
3-13 (e)(1) The severance benefit of a fire fighter who
3-14 <subsequently> terminates the fire fighter's employment before
3-15 eligibility for retirement shall be an amount equal to the amount
3-16 of the fire fighter's monthly contributions, with <without>
3-17 interest, made while a participating member of the fire fighter's
3-18 relief and retirement fund, in excess of the amount of benefits
3-19 that the member previously received from the fund. If the member's
3-20 employment is terminated by death before retirement and the member
3-21 leaves no surviving beneficiary entitled to pension benefits, the
3-22 member's estate shall receive the amount of the member's
3-23 contributions, with <without> interest, in excess of the amount of
3-24 benefits that the member previously received from the fund. In
3-25 each instance in which a member's contributions are to be paid to a
3-26 fire fighter or a fire fighter's estate or surviving relative, the
3-27 payment will include accumulated interest computed as provided by
4-1 this section.
4-2 (2) On December 31, 1993, the fund shall credit
4-3 interest to the account of each fire fighter who had contributions
4-4 on deposit with the fund on January 1, 1993, and has not retired,
4-5 died, or withdrawn those contributions. The amount of interest
4-6 credited on December 31, 1993, will be computed by multiplying five
4-7 percent by an amount equal to one-half of the member's
4-8 contributions on deposit on January 1, 1993, and then multiplying
4-9 that product by the number of whole calendar years that the fire
4-10 fighter has been a member of the fund on December 31, 1993.
4-11 (3) Beginning December 31, 1994, the fund shall credit
4-12 interest on December 31 of each year to the account of each fire
4-13 fighter in an amount equal to five percent of the accumulated
4-14 contributions, including previously credited interest, on deposit
4-15 on January 1 of that year.
4-16 (4) The fund may not pay interest on a fire fighter's
4-17 contributions for part of a year or for any period that is more
4-18 than five calendar years after the date of termination of
4-19 employment.
4-20 SECTION 6. Sections 11(a), (b), (c), (d), and (f), Chapter
4-21 183, Acts of the 64th Legislature, 1975 (Article 6243e.1, Vernon's
4-22 Texas Civil Statutes), are amended to read as follows:
4-23 (a) If a fire fighter <fireman> dies before retirement, the
4-24 fire fighter's <fireman's> surviving spouse, if married to the
4-25 member on the member's date of death, shall be entitled to receive
4-26 an immediate monthly pension, the amount of which<, if the spouse
4-27 was two years younger than the member,> shall be 75 percent of the
5-1 member's accrued unreduced pension as determined under Section 3(a)
5-2 of this Act when 20 years of service is assumed. <If the relative
5-3 ages of the fireman and the fireman's spouse were not as described
5-4 by this subsection, the death benefit is a percentage of the
5-5 member's accrued unreduced pension as described in Subsection (g)
5-6 of this section.>
5-7 (b) On the death of a member who retired under Section 3(a)
5-8 or (f) or Section 6(a) or (b) of this Act, the surviving spouse, if
5-9 married to the person on the person's date of retirement, is
5-10 entitled to receive an immediate monthly pension<, if the spouse
5-11 was two years younger than the member,> equal to 75 percent of the
5-12 pension being paid to the member. <If the relative ages of the
5-13 member and the member's spouse were not as described by this
5-14 subsection, the death benefit is a percentage of the pension as
5-15 described in Subsection (g) of this section.>
5-16 (c) On the death of a fire fighter who terminated employment
5-17 with the fire department after 10 or more years of service before
5-18 age 52 <53>, the surviving spouse is entitled to receive an
5-19 immediate monthly pension equal to 75 percent of the pension the
5-20 member was either receiving or entitled to receive at age 52 <53>,
5-21 if:
5-22 (1) <the spouse was two years younger than the member;
5-23 and>
5-24 <(2)(A)> the spouse was married to the member on the
5-25 date of the member's termination of employment, if the member's
5-26 death occurred before age 52 <53>; or
5-27 (2) <(B)> the spouse was married to the member when
6-1 the member attained the age of 52 <53>, if the member's death
6-2 occurred after the member attained the age of 52 <53>. <If the
6-3 relative ages of the member and the member's spouse were not as
6-4 described by this subsection, the death benefit is a percentage of
6-5 the amount the fire fighter was receiving or was entitled to
6-6 receive at age 53 as described in Subsection (g) of this section.>
6-7 (d) A deceased member's unmarried children under the age of
6-8 22 are entitled to receive, if there is no surviving spouse, a
6-9 total amount of monthly pension equal to 75 percent of the monthly
6-10 benefit based on <the factor described by Section 3(b) of this
6-11 Act,> the fire fighter's average monthly salary at the time of
6-12 death<,> and the number of years and any fraction of a year of the
6-13 fire fighter's service, assuming 20 years of service if service is
6-14 less than 20 years. Each dependent child is entitled to receive an
6-15 equal share of the total amount of monthly pension. If there is a
6-16 surviving spouse, each deceased member's unmarried child under the
6-17 age of 22 is entitled to receive 15 percent of the monthly benefit
6-18 based on <the factor described by Section 3(b) of this Act,> the
6-19 fire fighter's average monthly salary at the time of death<,> and
6-20 the number of years and any fraction of a year of the fire
6-21 fighter's service, assuming 20 years of service if service is less
6-22 than 20 years. The total amount of benefits being paid to the
6-23 children if there is a surviving spouse may not exceed the total
6-24 amount of benefits payable to dependent children if there is no
6-25 surviving spouse. Payments to a child shall be made whether or not
6-26 a spouse survives and shall continue after the death of a surviving
6-27 spouse but shall cease on the earliest of the child's death,
7-1 marriage, or attainment of age 22.
7-2 (f) If a deceased or retired member leaves no surviving
7-3 spouse or children eligible to receive a benefit under this section
7-4 but is survived by one or more dependent parents, the dependent
7-5 parent, or one of the surviving parents designated by the board of
7-6 trustees, is entitled to receive a monthly pension equal to the
7-7 amount that would have been payable to a surviving spouse <who was
7-8 two years younger than the deceased member>. If a deceased member
7-9 leaves no surviving spouse, children, or dependent parent eligible
7-10 to receive a benefit as provided in this section, the member's
7-11 total contributions, less any amount previously paid to the member,
7-12 shall be paid to the member's estate.
7-13 SECTION 7. Section 11(g), Chapter 183, Acts of the 64th
7-14 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
7-15 is repealed.
7-16 SECTION 8. The changes in law made by this Act in the
7-17 benefits payable to survivors of deceased members or retirees apply
7-18 to all payments that become due on or after the effective date of
7-19 this Act to survivors of persons who die on or after that date,
7-20 except that the retirement system may not reduce a benefit being
7-21 paid on the effective date of this Act because of the changes
7-22 made by this Act.
7-23 SECTION 9. This Act takes effect September 1, 1993.
7-24 SECTION 10. The importance of this legislation and the
7-25 crowded condition of the calendars in both houses create an
7-26 emergency and an imperative public necessity that the
7-27 constitutional rule requiring bills to be read on three several
8-1 days in each house be suspended, and this rule is hereby suspended.