1-1 By: Greenberg (Senate Sponsor - Barrientos) H.B. No. 721
1-2 (In the Senate - Received from the House March 30, 1993;
1-3 March 31, 1993, read first time and referred to Committee on
1-4 Intergovernmental Relations; April 15, 1993, reported favorably by
1-5 the following vote: Yeas 7, Nays 0; April 15, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Armbrister x
1-10 Leedom x
1-11 Carriker x
1-12 Henderson x
1-13 Madla x
1-14 Moncrief x
1-15 Patterson x
1-16 Rosson x
1-17 Shapiro x
1-18 Wentworth x
1-19 Whitmire x
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to benefits and eligibility for benefits from fire
1-23 fighters' retirement systems in certain municipalities.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 3(a)(1), Chapter 183, Acts of the 64th
1-26 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-27 is amended to read as follows:
1-28 (1) Any fire fighter who has been duly appointed and
1-29 enrolled and who has performed service in any rank, as a fully paid
1-30 fire fighter, in one or more fire departments in any city in this
1-31 state covered by the provisions of this Act may retire and be
1-32 entitled to receive from the fire fighter's relief and retirement
1-33 fund of that city a monthly pension equal to 2-1/2 percent of the
1-34 fire fighter's average monthly salary multiplied by the number of
1-35 the person's years of service and any fraction of a year of
1-36 service, if the fire fighter:
1-37 (A) has attained the age of 52 <53> years and
1-38 completed at least 10 years of service; or
1-39 (B) has served actively for a period of at least
1-40 27 <28> years, regardless of age.
1-41 SECTION 2. Section 3(f), Chapter 183, Acts of the 64th
1-42 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-43 is amended to read as follows:
1-44 (f) Any person who has been appointed and enrolled and
1-45 either has attained the age of 50 years and served actively for a
1-46 period of at least 10 years, or has served at least 25 years,
1-47 regardless of age, <and whose service was performed> in any rank,
1-48 as a fully paid fire fighter <fireman>, in one or more regularly
1-49 organized fire departments in any city covered by this Act may
1-50 retire and be entitled to receive from the fire fighter's relief
1-51 and retirement fund of that city a <reduced> monthly pension equal
1-52 to the pension described under Section 3(a) of this Act, reduced
1-53 according to tables recommended by the board of trustees' actuary
1-54 and adopted by the board for <multiplied by a percentage determined
1-55 by the board of trustees' actuary as the percentage necessary to
1-56 provide an actuarially equivalent> early retirement <benefit>.
1-57 SECTION 3. Section 5(a)(1), Chapter 183, Acts of the 64th
1-58 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-59 is amended to read as follows:
1-60 (1) A fire fighter's normal retirement age is the
1-61 earliest age at which the fire fighter will be at least 52 <53>
1-62 years of age and will have completed at least 10 years of service
1-63 or the earliest age at which the fire fighter would have completed
1-64 at least 27 <28> years of service had the fire fighter not
1-65 terminated employment.
1-66 SECTION 4. Section 5(b), Chapter 183, Acts of the 64th
1-67 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
1-68 is amended to read as follows:
2-1 (b) In the event a fire fighter who terminates employment
2-2 with the fire department under this section dies either before age
2-3 52 <53> or after attaining the age of 52 <53> and beginning to
2-4 receive benefits under this section, the fire fighter's surviving
2-5 spouse is entitled to receive an immediate monthly benefit as
2-6 described under Section 11(c) of this Act, if the spouse was
2-7 married to the fire fighter:
2-8 (1) on the fire fighter's date of termination, if the
2-9 fire fighter's death occurred before age 52 <53>; or
2-10 (2) when the fire fighter attained the age of 52 <53>,
2-11 if the fire fighter's death occurred after attaining the age of 52
2-12 <53>.
2-13 SECTION 5. Section 10(e), 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 (e)(1) The severance benefit of a fire fighter who
2-17 <subsequently> terminates the fire fighter's employment before
2-18 eligibility for retirement shall be an amount equal to the amount
2-19 of the fire fighter's monthly contributions, with <without>
2-20 interest, made while a participating member of the fire fighter's
2-21 relief and retirement fund, in excess of the amount of benefits
2-22 that the member previously received from the fund. If the member's
2-23 employment is terminated by death before retirement and the member
2-24 leaves no surviving beneficiary entitled to pension benefits, the
2-25 member's estate shall receive the amount of the member's
2-26 contributions, with <without> interest, in excess of the amount of
2-27 benefits that the member previously received from the fund. In
2-28 each instance in which a member's contributions are to be paid to a
2-29 fire fighter or a fire fighter's estate or surviving relative, the
2-30 payment will include accumulated interest computed as provided by
2-31 this section.
2-32 (2) On December 31, 1993, the fund shall credit
2-33 interest to the account of each fire fighter who had contributions
2-34 on deposit with the fund on January 1, 1993, and has not retired,
2-35 died, or withdrawn those contributions. The amount of interest
2-36 credited on December 31, 1993, will be computed by multiplying five
2-37 percent by an amount equal to one-half of the member's
2-38 contributions on deposit on January 1, 1993, and then multiplying
2-39 that product by the number of whole calendar years that the fire
2-40 fighter has been a member of the fund on December 31, 1993.
2-41 (3) Beginning December 31, 1994, the fund shall credit
2-42 interest on December 31 of each year to the account of each fire
2-43 fighter in an amount equal to five percent of the accumulated
2-44 contributions, including previously credited interest, on deposit
2-45 on January 1 of that year.
2-46 (4) The fund may not pay interest on a fire fighter's
2-47 contributions for part of a year or for any period that is more
2-48 than five calendar years after the date of termination of
2-49 employment.
2-50 SECTION 6. Sections 11(a), (b), (c), (d), and (f), Chapter
2-51 183, Acts of the 64th Legislature, 1975 (Article 6243e.1, Vernon's
2-52 Texas Civil Statutes), are amended to read as follows:
2-53 (a) If a fire fighter <fireman> dies before retirement, the
2-54 fire fighter's <fireman's> surviving spouse, if married to the
2-55 member on the member's date of death, shall be entitled to receive
2-56 an immediate monthly pension, the amount of which<, if the spouse
2-57 was two years younger than the member,> shall be 75 percent of the
2-58 member's accrued unreduced pension as determined under Section 3(a)
2-59 of this Act when 20 years of service is assumed. <If the relative
2-60 ages of the fireman and the fireman's spouse were not as described
2-61 by this subsection, the death benefit is a percentage of the
2-62 member's accrued unreduced pension as described in Subsection (g)
2-63 of this section.>
2-64 (b) On the death of a member who retired under Section 3(a)
2-65 or (f) or Section 6(a) or (b) of this Act, the surviving spouse, if
2-66 married to the person on the person's date of retirement, is
2-67 entitled to receive an immediate monthly pension<, if the spouse
2-68 was two years younger than the member,> equal to 75 percent of the
2-69 pension being paid to the member. <If the relative ages of the
2-70 member and the member's spouse were not as described by this
3-1 subsection, the death benefit is a percentage of the pension as
3-2 described in Subsection (g) of this section.>
3-3 (c) On the death of a fire fighter who terminated employment
3-4 with the fire department after 10 or more years of service before
3-5 age 52 <53>, the surviving spouse is entitled to receive an
3-6 immediate monthly pension equal to 75 percent of the pension the
3-7 member was either receiving or entitled to receive at age 52 <53>,
3-8 if:
3-9 (1) <the spouse was two years younger than the member;
3-10 and>
3-11 <(2)(A)> the spouse was married to the member on the
3-12 date of the member's termination of employment, if the member's
3-13 death occurred before age 52 <53>; or
3-14 (2) <(B)> the spouse was married to the member when
3-15 the member attained the age of 52 <53>, if the member's death
3-16 occurred after the member attained the age of 52 <53>. <If the
3-17 relative ages of the member and the member's spouse were not as
3-18 described by this subsection, the death benefit is a percentage of
3-19 the amount the fire fighter was receiving or was entitled to
3-20 receive at age 53 as described in Subsection (g) of this section.>
3-21 (d) A deceased member's unmarried children under the age of
3-22 22 are entitled to receive, if there is no surviving spouse, a
3-23 total amount of monthly pension equal to 75 percent of the monthly
3-24 benefit based on <the factor described by Section 3(b) of this
3-25 Act,> the fire fighter's average monthly salary at the time of
3-26 death<,> and the number of years and any fraction of a year of the
3-27 fire fighter's service, assuming 20 years of service if service is
3-28 less than 20 years. Each dependent child is entitled to receive an
3-29 equal share of the total amount of monthly pension. If there is a
3-30 surviving spouse, each deceased member's unmarried child under the
3-31 age of 22 is entitled to receive 15 percent of the monthly benefit
3-32 based on <the factor described by Section 3(b) of this Act,> the
3-33 fire fighter's average monthly salary at the time of death<,> and
3-34 the number of years and any fraction of a year of the fire
3-35 fighter's service, assuming 20 years of service if service is less
3-36 than 20 years. The total amount of benefits being paid to the
3-37 children if there is a surviving spouse may not exceed the total
3-38 amount of benefits payable to dependent children if there is no
3-39 surviving spouse. Payments to a child shall be made whether or not
3-40 a spouse survives and shall continue after the death of a surviving
3-41 spouse but shall cease on the earliest of the child's death,
3-42 marriage, or attainment of age 22.
3-43 (f) If a deceased or retired member leaves no surviving
3-44 spouse or children eligible to receive a benefit under this section
3-45 but is survived by one or more dependent parents, the dependent
3-46 parent, or one of the surviving parents designated by the board of
3-47 trustees, is entitled to receive a monthly pension equal to the
3-48 amount that would have been payable to a surviving spouse <who was
3-49 two years younger than the deceased member>. If a deceased member
3-50 leaves no surviving spouse, children, or dependent parent eligible
3-51 to receive a benefit as provided in this section, the member's
3-52 total contributions, less any amount previously paid to the member,
3-53 shall be paid to the member's estate.
3-54 SECTION 7. Section 11(g), Chapter 183, Acts of the 64th
3-55 Legislature, 1975 (Article 6243e.1, Vernon's Texas Civil Statutes),
3-56 is repealed.
3-57 SECTION 8. The changes in law made by this Act in the
3-58 benefits payable to survivors of deceased members or retirees apply
3-59 to all payments that become due on or after the effective date of
3-60 this Act to survivors of persons who die on or after that date,
3-61 except that the retirement system may not reduce a benefit being
3-62 paid on the effective date of this Act because of the changes
3-63 made by this Act.
3-64 SECTION 9. This Act takes effect September 1, 1993.
3-65 SECTION 10. The importance of this legislation and the
3-66 crowded condition of the calendars in both houses create an
3-67 emergency and an imperative public necessity that the
3-68 constitutional rule requiring bills to be read on three several
3-69 days in each house be suspended, and this rule is hereby suspended.
3-70 * * * * *
4-1 Austin,
4-2 Texas
4-3 April 15, 1993
4-4 Hon. Bob Bullock
4-5 President of the Senate
4-6 Sir:
4-7 We, your Committee on Intergovernmental Relations to which was
4-8 referred H.B. No. 721, have had the same under consideration, and I
4-9 am instructed to report it back to the Senate with the
4-10 recommendation that it do pass and be printed.
4-11 Armbrister,
4-12 Chairman
4-13 * * * * *
4-14 WITNESSES
4-15 FOR AGAINST ON
4-16 ___________________________________________________________________
4-17 Name: Leslie P. Finertie x
4-18 Representing: Austin Fire Fighters Relief
4-19 City: San Antonio
4-20 -------------------------------------------------------------------
4-21 Name: Donald Lee x
4-22 Representing: Harris County Commissioners Ct
4-23 City: Houston
4-24 -------------------------------------------------------------------