1-1  By:  Greenberg, Naishtat                              H.B. No. 2799
    1-2        (Senate Sponsor - Barrientos)
    1-3        (In the Senate - Received from the House April 26, 1993;
    1-4  April 27, 1993, read first time and referred to Committee on
    1-5  Intergovernmental Relations; April 29, 1993, reported favorably by
    1-6  the following vote:  Yeas 6, Nays 0; April 29, 1993, sent to
    1-7  printer.)
    1-8                            COMMITTEE VOTE
    1-9                          Yea     Nay      PNV      Absent 
   1-10        Armbrister         x                               
   1-11        Leedom             x                               
   1-12        Carriker                                      x    
   1-13        Henderson                                     x    
   1-14        Madla              x                               
   1-15        Moncrief           x                               
   1-16        Patterson                                     x    
   1-17        Rosson             x                               
   1-18        Shapiro                                       x    
   1-19        Wentworth                                     x    
   1-20        Whitmire           x                               
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to public retirement systems for employees of certain
   1-24  municipalities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 2, Chapter 451, Acts of the 72nd
   1-27  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
   1-28  Civil Statutes), is amended to read as follows:
   1-29        Sec. 2.  Definitions.  The following words and phrases have
   1-30  the meanings assigned by this section unless a different meaning is
   1-31  plainly required by the context:
   1-32              (1)  "Accumulated deposits" means the amount standing
   1-33  to the credit of a member derived from the deposits required to be
   1-34  made by the member to the retirement system improved annually by
   1-35  interest credited at a rate determined by the board which is
   1-36  credited as of December 31 to amounts standing to the credit of the
   1-37  member on January 1 of the same calendar year.
   1-38              (2)  "Actual retirement date" means the last day of the
   1-39  month during which a member retires.
   1-40              (3) <(2)>  "Actuarial equivalent" means any benefit of
   1-41  equal present value when computed on the basis of actuarial tables
   1-42  adopted by the board in the proper administration of the retirement
   1-43  system.
   1-44              (4) <(3)>  "Actuary" means the technical advisor of the
   1-45  board regarding the operations which are based on mortality,
   1-46  service, and compensation experience.  <The actuary shall make
   1-47  periodic valuations of the assets and liabilities of the funds and
   1-48  other evaluations as requested by the board.>
   1-49              (5)  "Authorized leave of absence" means military leave
   1-50  of absence, including a period of not more than the 90th day after
   1-51  the date of release from active military duty, or any other leave
   1-52  of absence during which a member is otherwise authorized by law to
   1-53  continue making contributions to the system.  The term does not
   1-54  include an approved medical leave of absence.
   1-55              (6) <(4)>  "Average final compensation" means the
   1-56  average monthly compensation, pay, or salary, exclusive of
   1-57  overtime, incentive, and terminal pay, that is $16,666 or less and
   1-58  that is earned by a member during, as applicable:
   1-59                    (A)  if the member has 120 months or more of
   1-60  membership service <during which the member contributed to the
   1-61  system>, the 36 months of membership service which yielded the
   1-62  highest average during the last 120 months of membership service
   1-63  <during which the member contributed to the system>;
   1-64                    (B)  if the member has less than 120 months of
   1-65  membership service <during which the member contributed to the
   1-66  system>, but has at least 36 months of membership service <during
   1-67  which the member made contributions to the system>, then the
   1-68  average during the 36 months which yield the highest average; or
    2-1                    (C)  if the member does not have 36 months of
    2-2  membership service <during which the member contributed to the
    2-3  system>, then the average during the member's months of membership
    2-4  service <during which the member made contributions to the system>.
    2-5              (7) <(5)>  "Beneficiary" means any person, trust, or
    2-6  estate properly designated by a member <or retired member> to
    2-7  receive benefits from the system.   If there is no effective
    2-8  beneficiary designation on the date of the member's death or if the
    2-9  designated beneficiary predeceases the member, the member's
   2-10  beneficiary is the member's spouse or, if the member does not have
   2-11  a spouse, the member's estate.
   2-12              (8) <(6)>  "Creditable service" means the total of
   2-13  prior service and membership service <prior service plus membership
   2-14  service on the basis of which retirement allowances are computed
   2-15  for all employees classified as entitled to retirement benefits>.
   2-16              (9) <(7)>  "Current service annuity" means a series of
   2-17  equal monthly payments payable for the member's life after
   2-18  retirement for membership service from funds of the retirement
   2-19  system equal to one-twelfth of the product of 2.2 <2.1> percent of
   2-20  a member's average final compensation multiplied by the number of
   2-21  months of membership service <rendered after January 1, 1941>.
   2-22  However, if payments commence before the member's normal retirement
   2-23  date, the amount of the monthly payments to which the member would
   2-24  otherwise be entitled shall be reduced as provided by Section 7(e)
   2-25  of this Act <at the rate of five-twelfths of one percent for each
   2-26  month before the normal retirement date at which said payments
   2-27  commence>.
   2-28              (10) <(8)>  "Deposits" means the amounts required to be
   2-29  paid by members <employees> in accordance with the provisions of
   2-30  this Act.
   2-31              (11) <(9)>  "Disability retirement" means the
   2-32  termination of employment <withdrawal> of a member because of
   2-33  disability <from active service> with a disability retirement
   2-34  allowance as provided in Section 8 of this Act.
   2-35              (12)  "Fund" means the trust fund containing the
   2-36  aggregate of the assets of Fund No. 1 and Fund No. 2
   2-37  <(10)  "Employee" means any regular and permanent employee of the
   2-38  cities governed hereby or the system's administrative staff, except
   2-39  those employees specifically excluded from the benefits and
   2-40  operations of the retirement and pensioning system.  All civil
   2-41  service commissioned police officers and fire fighters of the
   2-42  cities governed hereby are specifically excluded from membership in
   2-43  the retirement system.  In any case of doubt regarding the
   2-44  eligibility of any employee to become or remain a member of the
   2-45  retirement system, the decision of the retirement board is final>.
   2-46              (13) <(11)>  "Fund No. 1" means the fund in which shall
   2-47  be kept all accumulated deposits of members who have not withdrawn
   2-48  from the system.
   2-49              (14) <(12)>  "Fund No. 2" means the fund in which shall
   2-50  be kept all money contributed by the city on behalf of city
   2-51  employees, all money contributed by a hospital authority on behalf
   2-52  of hospital authority employees, and all money contributed by the
   2-53  board on behalf of board employees, interest earned thereon, and
   2-54  all accumulations and earnings of the system <except those of Fund
   2-55  No. 1>.
   2-56              (15)  "Hospital authority" means a municipal hospital
   2-57  authority created after September 1, 1992, under Chapter 262,
   2-58  Health and Safety Code, and its subsequent amendments, by a city
   2-59  governed by this Act.
   2-60              (16) <(13)>  "Investment consultant" means the person
   2-61  or entity that monitors the investment performance of the system
   2-62  and provides such other services as requested by the board.
   2-63              (17) <(14)>  "Investment manager" means the person or
   2-64  entity that has the power to manage, acquire, or dispose of assets
   2-65  of Fund No. 1 or Fund No. 2 <manages the investment portfolio for
   2-66  the system, making specified investment decisions> on behalf of the
   2-67  retirement system and acknowledges fiduciary responsibility to the
   2-68  system in writing.  The investment manager must be a person, firm,
   2-69  or corporation registered as an investment adviser under the
   2-70  Investment Advisers Act of 1940, a bank, or an insurance company
    3-1  and must otherwise meet the requirements of Section 802.204,
    3-2  Government Code, and its subsequent amendments.
    3-3              (18) <(15)>  "Life annuity" means a series of equal
    3-4  monthly payments, payable after retirement for a member's life,
    3-5  consisting of a combination of <">prior service pension<"> and
    3-6  <">current service annuity to which the member is entitled<" based
    3-7  on the employee service and average final compensation>.
    3-8              (19) <(16)>  "Life annuity (modified cash refund)"
    3-9  means a life annuity providing that, in <series of equal monthly
   3-10  payments, payable after retirement for life, consisting of a
   3-11  combination of "prior service pension" and "current service
   3-12  annuity" based on the employee service and average final
   3-13  compensation.  In> the event of death of the retired member before
   3-14  that member has received payments under the life annuity totalling
   3-15  <retirement allowances equal to> the amount of that member's
   3-16  accumulated deposits at the date of retirement, the excess<, if
   3-17  any,> of such accumulated deposits over the payments made
   3-18  <retirement allowances paid> shall be paid <refunded> in one lump
   3-19  sum to the member's designated beneficiary.
   3-20              (20) <(17)>  "Member" means any:
   3-21                    (A)  regular full-time employee who has completed
   3-22  six continuous months of employment with the city, a hospital
   3-23  authority, or the board and who has been removed from the
   3-24  employee's initial probationary status; and
   3-25                    (B)  former regular full-time employee who has
   3-26  not withdrawn the member's accumulated deposits from the system.
   3-27              In any case of doubt regarding the eligibility of any
   3-28  employee to become or remain a member of the retirement system, the
   3-29  decision of the board is final <employee included in the retirement
   3-30  system under this statute and approved for membership by the
   3-31  retirement board, including staff hired for the administration of
   3-32  the retirement system>.
   3-33              (21) <(18)>  "Membership service" means the period of
   3-34  time on or after January 1, 1941, during which a person is or was
   3-35  employed as a regular full-time employee or is or was on an
   3-36  authorized leave of absence and who is eligible for participation
   3-37  in the system and <member> pays into and keeps on deposit the
   3-38  amounts of money prescribed to be paid by the member into the
   3-39  system.  The term includes redeemed membership service.
   3-40              (22)  "Normal retirement age" means age 62.
   3-41              (23) <(19)>  "Normal retirement date" means the earlier
   3-42  of the date on <first day of the month following the earliest month
   3-43  in> which the member has completed 25 <30> years of creditable
   3-44  service <at any age> or has reached the age of 62.
   3-45              (24) <(20)>  "Prior service" means service as an
   3-46  employee of the city rendered prior to January 1, 1941, for which a
   3-47  pension credit is allowable under prior law governing the
   3-48  retirement system of that city and includes redeemed prior service
   3-49  <or bought-back service>.
   3-50              (25) <(21)>  "Prior service pension" means a series of
   3-51  equal monthly payments payable from funds of the retirement system
   3-52  for a member's life after retirement for <creditable> prior service
   3-53  equal to one-twelfth of the product of 2.2 <2.1> percent <for each
   3-54  year of creditable prior service,> of the member's average monthly
   3-55  earnings during a period of five years preceding January 1, 1941,
   3-56  multiplied by the number of months of prior service.  On retirement
   3-57  at an age other than normal retirement age, the monthly prior
   3-58  service pension herein prescribed shall be the actuarial equivalent
   3-59  thereof at the member's actual retirement date <age>, based on the
   3-60  schedule or schedules of payments approved by the actuary and
   3-61  adopted by the board and in effect on the member's actual
   3-62  retirement date.
   3-63              (26)  "Qualified domestic relations order" has the
   3-64  meaning assigned by Section 804.001, Government Code, and its
   3-65  subsequent amendments.
   3-66              (27)  "Redeemed membership service" means membership
   3-67  service reinstated in accordance with Section 5(e) of this Act.
   3-68              (28)  "Redeemed prior service" means prior service
   3-69  reinstated in accordance with Section 5(e) of this Act.
   3-70              (29)  "Regular full-time employee" means an individual
    4-1  who is employed by the city, a hospital authority, or the board,
    4-2  who is not a commissioned civil service police officer or fire
    4-3  fighter, the mayor, or a member of the city council, whose position
    4-4  is classified in the annual city, board, or hospital authority
    4-5  budget for employment for the full calendar year, whose position is
    4-6  classified in the annual city, board, or hospital authority budget
    4-7  to continue from year to year, and who works 30 hours or more in a
    4-8  normal 40-hour work week.  The term does not include an individual
    4-9  whose position is classified as seasonal or temporary by the city,
   4-10  a hospital authority, or the board, even if the individual works 30
   4-11  hours or more in a normal 40-hour work week in which the individual
   4-12  is employed.
   4-13              (30) <(22)  "Regular interest" means the rate of
   4-14  interest assumed in the determination of the present value of
   4-15  pensions and annuities provided hereunder.>
   4-16              <(23)>  "Retirement" means the termination of
   4-17  employment of a member after the member becomes entitled to receive
   4-18  <withdrawal of an employee from active service and receipt of> a
   4-19  retirement allowance in accordance with the provisions of this Act.
   4-20              (31) <(24)>  "Retirement allowance" means the life
   4-21  annuity (modified cash refund) to which a member may be entitled
   4-22  under this Act, including annuities payable on disability
   4-23  retirement or on early retirement <payments for life after
   4-24  retirement date to a member from a combination of both pension and
   4-25  annuity payments based on both prior and membership service.
   4-26  Retirement allowances shall be paid in equal monthly installments>.
   4-27              (32) <(25)>  "Retirement board" or "board" means the
   4-28  board of trustees of the retirement and pensioning system herein
   4-29  created for the purpose of administering the retirement system.
   4-30              (33) <(26)  "Retirement date" means the first day of
   4-31  the month next succeeding the retirement of the member.>
   4-32              <(27)>  "Retirement system," "retirement and pensioning
   4-33  system," "pension system," or "system" means the retirement and
   4-34  pensioning system created by this Act for a city governed by this
   4-35  Act.
   4-36              (34)  "Year of creditable service" means a 12-month
   4-37  period of creditable service determined in accordance with uniform
   4-38  and nondiscriminatory rules established by the board.
   4-39              <(28)  "Service" means service as an employee of the
   4-40  city paid for by the city or service as a member of the system's
   4-41  administrative staff paid for by the system.>
   4-42              <(29)  "Vested interest" means the amount of benefit to
   4-43  which a member has a nonforfeitable right in accordance with the
   4-44  provisions of this Act.>
   4-45              <(30)  "Withdrawal" means the separation of any
   4-46  employee from active service for any cause whatsoever prior to
   4-47  retirement date and the subsequent withdrawal from membership in
   4-48  the retirement system.>
   4-49              <(31)  "Withdrawal allowance" means the accumulated
   4-50  deposits of an employee withdrawing from active service and from
   4-51  membership in the system.  Withdrawal allowance payments shall be
   4-52  made in one lump sum unless otherwise specifically provided in this
   4-53  Act.>
   4-54        SECTION 2.  Section 3, Chapter 451, Acts of the 72nd
   4-55  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
   4-56  Civil Statutes), is amended to read as follows:
   4-57        Sec. 3.  Establishment and applicability.  (a)  Except as
   4-58  provided by Subsection (b) of this section and subject to the
   4-59  authority granted the board in Section 7(d)(2)(D) of this Act,
   4-60  members <Members> who retired <retire> prior to September 1, 1993,
   4-61  <January 1, 1971, and who are receiving retirement allowances on
   4-62  that date> shall continue to receive the same retirement allowances
   4-63  they were receiving prior to that date, together with any cost of
   4-64  living adjustments authorized and paid in accordance with this Act.
   4-65        (b)  Members who retired during the calendar years 1962 and
   4-66  1963 shall continue <be entitled to elect> to receive a benefit in
   4-67  accordance with their election, if any, and the retirement
   4-68  allowances computed in the manner prescribed by an applicable city
   4-69  ordinance in effect as of January 1, 1962, or in the manner in
   4-70  which said allowances would have been computed under applicable
    5-1  city ordinances <the provisions> existing immediately prior to the
    5-2  enactments of January 1, 1962, together with any cost of living
    5-3  adjustments authorized and paid in accordance with this Act.
    5-4        <(c)  The provisions described in this Act shall be effective
    5-5  for payment to all members of the system retiring on or after
    5-6  January 1, 1973.>
    5-7        SECTION 3.  Section 4, Chapter 451, Acts of the 72nd
    5-8  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
    5-9  Civil Statutes), is amended to read as follows:
   5-10        Sec. 4.  Administration.  (a)  There is hereby created a
   5-11  retirement board of the retirement and pensioning system, in which
   5-12  board is hereby vested <invested> the power and responsibility for
   5-13  the proper and effective general administration, management, and
   5-14  <responsibility for the proper and effective> operation of the
   5-15  retirement system.  The board shall be organized immediately after
   5-16  its members have qualified and taken the oath of office.  <All
   5-17  members of the board on January 15, 1991, shall become members of
   5-18  the board and continue to serve for the remainder of the terms of
   5-19  office in effect on January 15, 1991.>
   5-20        (b)  The retirement board shall be composed of 11 members as
   5-21  follows:
   5-22              (1)  place one: one city council member designated by
   5-23  the city council, who may be removed and replaced or redesignated
   5-24  by the city council at any time;
   5-25              (2)  place two:  the city manager of the city or his or
   5-26  her designee;
   5-27              (3)  place three:  the director of finance of the city
   5-28  or his or her designee;
   5-29              (4)  places four through six:  three voters of the city
   5-30  who have been city residents for the preceding five years and who
   5-31  are not city employees, former employees, or officers;
   5-32              (5)  places seven through 10:  four active-contributory
   5-33  members elected by the active-contributory members <four active
   5-34  employee members elected by the members of the system.  Each active
   5-35  employee member shall serve for a term of four years.  Vacancies
   5-36  occurring by death, resignation, disability retirement or removal,
   5-37  or any other reason except retirement shall be filled for the
   5-38  remainder of the term by an active employee member appointed by the
   5-39  board.  An active employee member who retires, except for
   5-40  disability retirement, will be eligible to complete the remainder
   5-41  of his or her term;>
   5-42              <(5)  three legally qualified voters of the city,
   5-43  residents thereof for the preceding five years who are neither
   5-44  employees nor former employees nor officers of the city.  Two of
   5-45  the three will be designated by the city council, and one will be
   5-46  designated by the board.  The city and the board will each appoint
   5-47  one such member in every other odd-numbered year.  The city will
   5-48  appoint one such member in every other even-numbered year.  The
   5-49  term of office of members so selected shall be four years, and each
   5-50  member shall continue to serve until a successor is duly selected
   5-51  and qualified.  Vacancies occurring by death, resignation, or
   5-52  removal of such citizen member shall be filled by the party that
   5-53  made the original designation>; and
   5-54              (6)  place 11:  a retired member who will be elected by
   5-55  retired members.  <The term of office of such member shall be four
   5-56  years.  Such member shall continue to serve until a successor is
   5-57  duly elected and qualified.  Vacancies occurring by death,
   5-58  resignation, or removal of such retired member shall be filled for
   5-59  the remainder of the term by a retired member appointed by the
   5-60  board.>
   5-61        (c)(1)  The place one board member serves at the pleasure of
   5-62  the city council and until the council redesignates the place one
   5-63  member, or until the member is no longer able to serve because of
   5-64  death, resignation, termination of position as a city council
   5-65  member, or disability.  The city council shall appoint a person to
   5-66  fill a vacancy in place one not later than the 90th day after the
   5-67  first date of the vacancy.
   5-68              (2)  In December of every second even-numbered year,
   5-69  the city council shall appoint to place four one person meeting the
   5-70  qualifications for place four.  In December of every second
    6-1  odd-numbered year, the city council shall appoint to place five one
    6-2  person meeting the qualifications for place five.  In December of
    6-3  every second odd-numbered year, the board shall appoint to place
    6-4  six one person meeting the qualifications for place six.  Board
    6-5  members holding places four through six each serve a four-year term
    6-6  beginning on January 1 of the year after their appointment, unless
    6-7  service is earlier terminated by the death, disability,
    6-8  resignation, or removal of that board member or the board member
    6-9  ceases to meet the qualifications of a citizen board member as set
   6-10  forth in Section 4(b) of this Act.  The city council shall fill a
   6-11  vacancy in place four or five with a person meeting the
   6-12  qualifications for that place not later than the 90th day after the
   6-13  first date of the vacancy.  If the city council fails to appoint an
   6-14  eligible person to fill a vacancy in place four or five within the
   6-15  90-day period, the board may appoint a person meeting the
   6-16  qualifications for that place to fill the vacancy.  The board shall
   6-17  appoint a person meeting the qualifications for place six to fill a
   6-18  vacancy in place six.
   6-19              (3)  The places seven through 10 board members each
   6-20  serve on the board for a four-year term, unless service is earlier
   6-21  terminated by the death, resignation, termination of employment,
   6-22  disability, retirement, or removal of that board member.  The board
   6-23  shall appoint an active-contributory member to fill a vacancy in
   6-24  each of places seven through 10 for the remainder of the unexpired
   6-25  term.
   6-26              (4)  The place ll board member serves for a four-year
   6-27  term, unless that service is earlier terminated by the death,
   6-28  disability, resignation, or removal of the member.  The board shall
   6-29  appoint a retired member to fill a vacancy in place 11 for the
   6-30  remainder of the unexpired term.
   6-31        (d)  Members for places seven through 11 <The elected active
   6-32  employee members and the retiree member> shall be elected in
   6-33  accordance with the following provisions:
   6-34              (1)  Only active-contributory members <active employees
   6-35  of the city who are members of the retirement system> shall be
   6-36  eligible for election for places seven through 10 <as active
   6-37  employee members>.  Only retired members <employees of the city who
   6-38  are retired members of the retirement system> shall be eligible for
   6-39  election for place 11 <as the retired member>.  Not more than one
   6-40  active-contributory <active employee> member shall be eligible for
   6-41  election from any one city department.
   6-42              (2)  Members for places seven through 10 <The active
   6-43  employee members of the board shall serve for terms of four years.
   6-44  They> shall be elected to four-year staggered terms with the terms
   6-45  of two of such board members beginning January 1 of each
   6-46  even-numbered year.
   6-47              (3)  The board member for place 11 shall <The retired
   6-48  member shall serve for a term of four years to> be elected in an
   6-49  even-numbered year, with the term beginning on January 1 of the
   6-50  next odd-numbered year.
   6-51              (4)(A)  No later than the first day of October of each
   6-52  odd-numbered year, the board shall appoint a nominating and
   6-53  election committee consisting of five committee members and two
   6-54  alternates, all of whom are active-contributory <active employee>
   6-55  members of the retirement system.  The nominating and election
   6-56  committee shall make one or more nominations for each
   6-57  active-contributory <employee> member vacancy <vacancies> and shall
   6-58  act as election judges.  The nominating and election committee
   6-59  shall prepare the ballot containing the names of all certified
   6-60  active-contributory member <eligible> candidates<, ensuring a
   6-61  minimum of three times as many active employee member candidates as
   6-62  vacancies exist>.
   6-63                    (B)  No later than the first day of October of
   6-64  every second <alternate> even-numbered year, the board shall
   6-65  appoint a nominating and election committee consisting of five
   6-66  committee <retired> members and five alternates, all of whom are
   6-67  retired members of the retirement system.  The nominating and
   6-68  election committee shall make one or more nominations for the
   6-69  retired member vacancy and shall act as election judges.  The
   6-70  nominating <nomination> and election committee shall prepare the
    7-1  ballot containing the names of all certified retired member
    7-2  <eligible> candidates<, ensuring at least three candidates for the
    7-3  retired member position.  Only retired members of the retirement
    7-4  system are eligible to vote for the retired member>.
    7-5              (5)  Each <The> nominating and election committee shall
    7-6  publish a notice at least two weeks prior to the applicable
    7-7  election date, informing all active-contributory <active employee>
    7-8  members or retired members, as applicable, who have been certified
    7-9  as candidates.
   7-10              (6)  Elections for places seven through 10 <employee
   7-11  members> shall be held on the first payday in December of each
   7-12  odd-numbered year.  Elections for place 11 <the retired member>
   7-13  shall be held in December of every second <other> even-numbered
   7-14  year.  The candidates receiving the highest number of eligible
   7-15  votes shall be deemed elected.  In case of a tie vote, selection
   7-16  shall be by lot drawn by an existing member of the retirement board
   7-17  at a meeting of the retirement board held after the election but
   7-18  before the first day of January of the year after the election.
   7-19              (7)  The applicable nominating and election committee
   7-20  shall canvass the returns, certify the results, and announce the
   7-21  official results of the election.
   7-22              (8)  The retirement board shall approve written
   7-23  procedures for the conduct of the election no later than August 1
   7-24  of each year in which an election is held.
   7-25        (e) <(d)>  Each member of the retirement board within 30 days
   7-26  after appointment and election shall take an oath of office that
   7-27  the board<.  The> member will diligently and honestly administer
   7-28  the affairs of the retirement system and will not knowingly violate
   7-29  or willingly permit to be violated any law or statute applicable to
   7-30  the retirement system.  All members of the board serve without
   7-31  compensation.  At any time, the <The> board, by a vote of six board
   7-32  <remaining> members, may remove a board member for malfeasance.
   7-33        (f)  In January of each year, the <(e)  The> board shall
   7-34  elect from its membership a chairman and a vice-chairman to serve
   7-35  one calendar year.
   7-36        (g) <(f)>  The board shall hire <appoint> a pension officer
   7-37  as an employee of the board.  The pension officer shall hire and
   7-38  may fire or suspend <appoint> necessary staff members, and those
   7-39  staff members are employees <with approval> of the board.  The
   7-40  pension officer acting under the direction of the board shall keep
   7-41  all of the records of the retirement system and a record of the
   7-42  proceedings of the board.  The pension officer and each staff
   7-43  member shall receive such compensation as the board may fix in each
   7-44  annual budget of the retirement system, or amendments to the
   7-45  budget, and that compensation shall be paid from the fund
   7-46  <thereto>.
   7-47        (h) <(g)>  Subject to the limitations of this Act, the board
   7-48  shall from time to time establish rules and regulations for the
   7-49  administration of the <fund or> funds authorized to be created
   7-50  hereunder and for the transaction of the board's business.  Each
   7-51  member of the board is entitled to one vote on the board.  Six
   7-52  concurring votes are necessary for a decision by the board members
   7-53  at any meeting of the board, and six members constitute a quorum.
   7-54  Each member will be required to serve on a committee of the board.
   7-55  Any board member who is absent from four consecutive regular
   7-56  monthly meetings of the board shall be removed from the board and
   7-57  the member shall be replaced in accordance with the provisions of
   7-58  this section.
   7-59        (i) <(h)>(1)  The board shall keep or cause to be kept in
   7-60  convenient form such data as are necessary for actuarial valuation
   7-61  of the fund <various funds> of the retirement system and for
   7-62  checking the mortality, service, compensation, and payment
   7-63  experience of the system.
   7-64              (2)  The board shall keep a record of all its
   7-65  proceedings, which shall be open to public inspection, and shall
   7-66  publish annually a report showing the fiscal transactions of the
   7-67  retirement system for the preceding year, the amount of the
   7-68  accumulated cash and securities of the system, and the last balance
   7-69  sheet showing the financial condition of the system as disclosed by
   7-70  the most recent actuarial valuation of the assets and liabilities
    8-1  of the retirement system.
    8-2              (3)  The board shall have charge of and administer the
    8-3  fund as trustee of the fund <retirement system> and shall order
    8-4  payments therefrom in pursuance of the provisions of this Act.  The
    8-5  city and each hospital authority shall provide to the board <shall
    8-6  obtain from the city> all records necessary to administer the
    8-7  system and the fund.  The board shall report annually to the
    8-8  members on the condition of the fund <said funds> and the receipts
    8-9  and disbursements on account of the fund <same>.  The board shall
   8-10  keep a complete list of the retired members, surviving spouses, and
   8-11  beneficiaries of the fund <said funds> and the amounts paid to
   8-12  them.
   8-13              (4)  Individual accounts shall be maintained for <with>
   8-14  each member of the retirement system, showing the amount of the
   8-15  member's accumulated deposits <and the accumulated interest
   8-16  allocated and standing to the credit of such member as provided
   8-17  under the system>.  Annually a statement shall be given each member
   8-18  showing the total amount of that member's accumulated deposits
   8-19  <accumulation of his or her credit>.  The accounts of the board and
   8-20  the retirement system shall be included in the annual independent
   8-21  audit of the accounts of the system.  A copy of this annual audit
   8-22  shall be provided to the city mayor.
   8-23              (5)  The retirement board shall designate an actuary
   8-24  who shall be the technical advisor of the board regarding the
   8-25  maintenance and operations <operation> of the fund <funds>
   8-26  authorized by provisions of this Act and shall perform such other
   8-27  duties as may be required in connection therewith.  The actuary
   8-28  shall make periodic valuations of the assets and liabilities of the
   8-29  funds and other evaluations as requested by the board.
   8-30              (6)  <As of the date of the establishment of the
   8-31  retirement system the actuary shall make such investigation of the
   8-32  mortality, service, and compensation experience of the members of
   8-33  the system as the board shall authorize, and, on the basis of such
   8-34  investigation, the actuary shall recommend for adoption by the
   8-35  board such tables and rates as are hereinafter required.  The board
   8-36  shall adopt tables and certify rates, and, as soon as practicable
   8-37  thereafter, the actuary shall make a valuation, based on the tables
   8-38  and rates, of the assets and liabilities of the fund or funds
   8-39  authorized by this Act to be created.>
   8-40              <(7)>  From time to time on the advice of the actuary
   8-41  and the direction of the board, the actuary shall make an actuarial
   8-42  investigation of the mortality, service, and compensation
   8-43  experience of members, retired members, surviving spouses, and
   8-44  beneficiaries of the retirement system and shall make a valuation
   8-45  of the assets and liabilities of the funds of the system.  Taking
   8-46  into account the result of such investigation and valuation, the
   8-47  board shall adopt for the retirement system such mortality,
   8-48  service, and other actuarial tables or rates as are deemed
   8-49  necessary.  On the basis of <such> tables and rates adopted by the
   8-50  board <adopts>, the actuary shall make a valuation at least once
   8-51  every two years of the assets and liabilities of the funds of the
   8-52  retirement system.
   8-53              (7) <(8)>  The retirement board may retain the services
   8-54  of one or more <hire an> investment managers <manager> who shall
   8-55  have full authority to invest and manage the assets of the
   8-56  retirement system and <manage the portfolio of> the fund, as
   8-57  specified by <employment> contract in accordance with Subchapter C,
   8-58  Chapter 802, Government Code, and its subsequent amendments.
   8-59              (8) <(9)>  The retirement board may retain the services
   8-60  of one or more <hire an> investment consultants <consultant> to
   8-61  monitor the investment performance of the <fund's> investment
   8-62  managers <manager> and provide other investment-related services as
   8-63  requested by the board.
   8-64        (j) <(i)>  The retirement board may retain legal counsel to
   8-65  advise, assist, or represent the board in any legal matters
   8-66  affecting the retirement system and the operation of the fund.
   8-67        (k)  Except as provided by Subsection (l) of this section,
   8-68  the board may adopt rules, establish regulations or procedures,
   8-69  correct any defect, supply any information, or reconcile any
   8-70  inconsistency as the board considers necessary or advisable to
    9-1  carry out this Act.
    9-2        (l)  Any procedure, discretionary act, interpretation, or
    9-3  construction by the board must be done in a nondiscriminatory
    9-4  manner based on uniform principles consistently applied and must be
    9-5  consistent with this Act and with 26 U.S.C. Section 401(a) and its
    9-6  subsequent amendments.
    9-7        SECTION 4.  Section 5, Chapter 451, Acts of the 72nd
    9-8  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
    9-9  Civil Statutes), is amended to read as follows:
   9-10        Sec. 5.  Membership.  (a)  Any regular full-time employee who
   9-11  has completed six continuous months of employment as a regular
   9-12  full-time employee before or <person who becomes an employee of the
   9-13  city or of the system's administrative staff> after the date of
   9-14  establishment of the retirement system and who has been removed
   9-15  from the employee's initial probationary status, <if eligible for
   9-16  membership,> shall become an active-contributory <a> member as a
   9-17  condition of employment and shall make the required deposits
   9-18  commencing with the first pay period following the later of the
   9-19  completion <a probationary period> of six continuous months of
   9-20  employment as a regular full-time employee or the date of removal
   9-21  from the employee's initial probationary status.  Unless on
   9-22  approved medical leave of absence or other authorized leave, the
   9-23  employee shall make the deposits as long as the employee remains a
   9-24  regular full-time employee and <from date of employment or
   9-25  eligibility, whichever is later.  The person> shall remain a member
   9-26  of the system until the employee or the employee's beneficiary
   9-27  ceases to be entitled to any benefits from the retirement system
   9-28  <entitled to benefits under Section 7 of this Act or until entitled
   9-29  to disability retirement pursuant to the provisions of Section 8 of
   9-30  this Act>.
   9-31        (b)  <Employees of the city or the system's administrative
   9-32  staff who may not become members of the retirement system include:>
   9-33              <(1)  the mayor and members of the city council;>
   9-34              <(2)  all civil service commissioned police officers
   9-35  and fire fighters;>
   9-36              <(3)  all part-time employees who work less than 75
   9-37  percent of a normal work week; and>
   9-38              <(4)  all seasonal and temporary employees.  A regular
   9-39  full-time employee of the city who is not included in this excepted
   9-40  classification is one whose position is classified in the annual
   9-41  city budget and who is employed throughout the full calendar year
   9-42  and whose employment continues from year to year.  If a regular
   9-43  employee works at least 75 percent of a normal work week but less
   9-44  than full time, the employee shall make deposits as though working
   9-45  a normal full-time work week even though the rate of contribution
   9-46  may thereby exceed seven percent of actual, regular compensation,
   9-47  and the employee's average final compensation shall be computed on
   9-48  the basis of the compensation for a normal work week, but no
   9-49  deposits shall be made nor membership service credit received for
   9-50  periods during which an employee's authorized normal work week is
   9-51  less than 75 percent of a normal work week.>
   9-52        <(c)>  Membership in the retirement system consists of the
   9-53  following groups:
   9-54              (1)  the active-contributory members group, which
   9-55  consists of all members, other than those on authorized leave of
   9-56  absence, who are making deposits; <Active-Contributory.  The
   9-57  employee whose current employment status allows payroll
   9-58  contribution into the retirement system.  The employee must work at
   9-59  least 75 percent of a normal work week in a permanent position and
   9-60  must have completed the initial six months probationary period for
   9-61  membership.>
   9-62              (2)  the active-noncontributory members group, which
   9-63  consists of all employees on approved medical leave of absence and
   9-64  all employees of the city, a hospital authority, or the board,
   9-65  other than inactive-contributory members, who were
   9-66  active-contributory members but who are not regular full-time
   9-67  employees; <Active-Noncontributory.  The employee whose current
   9-68  employment status does not allow contributions into the retirement
   9-69  system and is thereby deactivated.  The employee has the privilege
   9-70  of immediate reentry, on appropriate change of status, to a
   10-1  creditable period of membership service, with contributions resumed
   10-2  at time of status change.>
   10-3              (3)  the inactive-contributory members group, which
   10-4  consists of all members who are on an authorized leave of absence
   10-5  and who continue <Inactive-Contributory.  The employee who is on a
   10-6  leave of absence, who is allowed> to make deposits into the
   10-7  retirement system during the employee's absence;<.>
   10-8              (4)  the inactive-noncontributory members group, which
   10-9  consists of all members whose status as an employee with the city,
  10-10  a hospital authority, or the board has been terminated before
  10-11  retirement or disability retirement and who are still entitled to,
  10-12  or whose beneficiary may become entitled to, benefits from
  10-13  <Vested-Noncontributory.  The terminated employee who, being fully
  10-14  vested, retains his or her contributions in> the retirement system;
  10-15  and<.>
  10-16              (5)  the retired members group, which consists of all
  10-17  members who have retired and who are receiving or who are entitled
  10-18  to receive a retirement allowance <Retired.  The employee who is
  10-19  receiving a retirement annuity>.
  10-20        (c)  An active-noncontributory member becomes an
  10-21  active-contributory member immediately on resuming employment as a
  10-22  regular full-time employee or on returning from an approved medical
  10-23  leave of absence, as applicable.
  10-24        (d)  It shall be the duty of the retirement board to
  10-25  determine the membership group to which each person <employee> who
  10-26  becomes a member of the retirement system properly belongs.  It
  10-27  shall be the duty of the city manager to submit to the board a
  10-28  statement showing the name, position, compensation, duties, date of
  10-29  birth, length of employment <service>, and other information
  10-30  regarding each <the> employee of the city the board may require.
  10-31  The pension officer shall submit to the board a statement showing
  10-32  the name, position, compensation, duties, date of birth, length of
  10-33  employment, and other information regarding each employee of the
  10-34  board that the board requires.  Each hospital authority board shall
  10-35  submit to the retirement board a statement showing the name,
  10-36  position, compensation, duties, date of birth, length of
  10-37  employment, and other information regarding each employee of the
  10-38  hospital authority that the retirement board requires.
  10-39        (e)  Any person who has ceased to be a member and has
  10-40  received a distribution of the person's accumulated deposits may
  10-41  have the person's membership service or prior service reinstated if
  10-42  the person is reemployed as a regular full-time employee for a
  10-43  continuous period of 24 months and deposits into the system, within
  10-44  a reasonable period established by the board on a uniform and
  10-45  nondiscriminatory basis, the accumulated deposits withdrawn by that
  10-46  person, together with an interest payment equal to the amount
  10-47  withdrawn multiplied by an interest factor.  The interest factor is
  10-48  equal to the annually compounded interest rate assumed to have been
  10-49  earned by the fund beginning with the month and year in which the
  10-50  person withdrew the person's accumulated deposits and ending with
  10-51  the month and year in which the deposit under this subsection is
  10-52  made.  The interest rate assumed to have been earned by the fund
  10-53  for any period is equal to the interest rate credited for that
  10-54  period to the accumulated deposits of members, divided by 0.75.
  10-55        <(e)  A member ceases to be a member of the retirement system
  10-56  and loses membership service if, through death, dismissal,
  10-57  resignation, or from any other cause, the member severs the service
  10-58  connection as an employee and withdraws accumulated deposits as
  10-59  provided under the withdrawal allowance provisions; however, any
  10-60  eligible member who has not previously received credit for one-half
  10-61  of previously forfeited membership service is entitled to
  10-62  reinstatement of membership service if such eligible member
  10-63  deposits in the system the accumulated deposits withdrawn and an
  10-64  interest charge based on the amount withdrawn times an interest
  10-65  factor.  The factor is based on the compounded net annual rates of
  10-66  interest (the net annual rates of interest credited to the member's
  10-67  accumulated contributions divided by 0.75) that were earned by the
  10-68  fund beginning with the month and year in which the member withdrew
  10-69  contributions and ending with the month and year payment is made to
  10-70  reinstate the service.>
   11-1        (f)  <An eligible member is an employee who has been
   11-2  reemployed by the city or the system and has completed at least 24
   11-3  consecutive months of service as a member since being reemployed by
   11-4  the city or the system and who deposits the lump sum described in
   11-5  Subsection (e) of this section with the system during any time
   11-6  period designated by the board with the approval of the system's
   11-7  actuary.>
   11-8        <(g)  Any such member who has previously received credit for
   11-9  one-half of previously forfeited membership service is entitled to
  11-10  reinstate the remaining one-half of this previously withdrawn
  11-11  membership service and an interest charge as described hereunder.>
  11-12        <(h)  An employee granted a leave of absence or withdrawing
  11-13  from the service for a stated period of time, not to exceed in any
  11-14  event a period of two years, who allows contributions in the
  11-15  retirement and pension system to remain in the fund is eligible for
  11-16  continued membership on reentering the service of the city or the
  11-17  system.  During the period of absence, the employee shall not
  11-18  receive service credit.>
  11-19        <(i)  Military leave of absence shall not be included in the
  11-20  two-year limit referred to in Subsection (h) of this section if
  11-21  such member returns to active service with the city or the system
  11-22  within 90 days after the expiration of such military leave of
  11-23  absence.>  A member <of the system> on authorized <military> leave
  11-24  of absence may make deposits each biweekly pay period to the system
  11-25  while on authorized <military> leave of absence, in an amount that
  11-26  is equal to the amount of the member's <his or her> deposit for the
  11-27  last complete biweekly pay period that the member was paid by the
  11-28  city, a hospital authority, or the board.  As long as the member on
  11-29  authorized leave of absence makes the biweekly payments, the<.
  11-30  The> city shall <will> make contributions <a contribution> to the
  11-31  retirement fund for such member on authorized <military> leave of
  11-32  absence from the city each biweekly pay period in an amount equal
  11-33  to the contribution amount the city would have made if the member's
  11-34  biweekly pay had continued to be the biweekly pay the member
  11-35  received for the last complete biweekly pay period that the member
  11-36  was paid by the city.  Each hospital authority shall make
  11-37  contributions to the retirement fund for a member on authorized
  11-38  leave of absence from that hospital authority each pay period in an
  11-39  amount equal to the contribution amount the hospital authority
  11-40  would have made if the member's pay had continued to be the pay the
  11-41  member received for the last complete pay period that the member
  11-42  was paid by the hospital authority.  The board shall make a
  11-43  contribution to the retirement fund from system funds for a member
  11-44  on authorized leave of absence from the board each biweekly pay
  11-45  period in an amount equal to the contribution amount the board
  11-46  would have made if the member's biweekly pay had continued to be
  11-47  the biweekly pay the member received for the last complete biweekly
  11-48  pay period that the member was paid by the board.  If the member
  11-49  does not make those deposits while on authorized <military> leave
  11-50  of absence, the member may make a single payment, within five years
  11-51  after the member has returned to employment with the city, with the
  11-52  hospital authority, or with the board <system> equal to the
  11-53  deposits the member would have made if the member had continued to
  11-54  be paid during the authorized <his military> leave of absence at
  11-55  the same rate of pay the member was receiving at the time the
  11-56  member's authorized <military> leave of absence began.  The city
  11-57  shall <will> make a single payment for such member employed by the
  11-58  city equal to the contributions <deposits> it would have made on
  11-59  the member's behalf if the member had made deposits to the fund
  11-60  during the period of the member's authorized <military> leave of
  11-61  absence.  Each hospital authority shall make a single payment for a
  11-62  member employed by the hospital authority equal to the
  11-63  contributions it would have made on the member's behalf if the
  11-64  member had made deposits to the fund during the period of the
  11-65  member's authorized leave of absence.  The board shall make a
  11-66  single payment to the fund for a member employed by the board equal
  11-67  to the contributions it would have made on the member's behalf if
  11-68  the member had made deposits to the fund during the period of the
  11-69  member's authorized leave of absence.  As long as deposits are made
  11-70  in accordance with this subsection, the member will continue to
   12-1  earn membership service during the period of the authorized leave
   12-2  of absence.
   12-3        (g) <(j)  Normal retirement for any member under this system
   12-4  shall be the earlier of completion of 30 years of creditable
   12-5  service at any age or attainment of age 62.  However, should a
   12-6  member not retire on attainment of normal retirement, the member
   12-7  shall continue to make deposits to the system and shall accrue
   12-8  credit for membership service until the member elects to retire.>
   12-9        <(k)>  From time to time the board, subject to the approval
  12-10  of the system's actuary, may elect to permit the reinstatement of
  12-11  membership service forfeited in accordance with the terms of this
  12-12  section.
  12-13        SECTION 5.  Section 6, Chapter 451, Acts of the 72nd
  12-14  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  12-15  Civil Statutes), is amended to read as follows:
  12-16        Sec. 6.  CREDITABLE SERVICE.  (a)  The <Creditable service at
  12-17  retirement on which the> retirement allowance of a member is based
  12-18  on the amount of creditable <shall consist of all membership>
  12-19  service rendered by the member as of the member's actual retirement
  12-20  date <since the member last became a member plus any creditable
  12-21  service received from the buy-back provisions of Section 5 of this
  12-22  Act>.
  12-23        (b)  The board shall determine by nondiscriminatory
  12-24  <appropriate> rules and regulations consistently applied, subject
  12-25  to the provisions of this Act, in case of absence, <or> illness, or
  12-26  other temporary interruption in service as a regular full-time
  12-27  employee <separation from service>, the portion of each calendar
  12-28  year to be allowed as creditable <credited to such employee on
  12-29  future> service.  No credit shall be allowed as creditable service
  12-30  for any period exceeding one month during which an employee was
  12-31  absent continuously without pay, except for an authorized
  12-32  <military> leave of absence.  The board shall verify the records
  12-33  for creditable service claims filed by the members of the
  12-34  retirement system, subject to the provisions of this Act and in
  12-35  accordance with such administrative rules and regulations as the
  12-36  board may from time to time adopt.
  12-37        (c)  At any time before a member's actual retirement date, a
  12-38  member may establish creditable service for military service
  12-39  performed that is creditable as provided under this subsection
  12-40  according to the following conditions, limitations, and
  12-41  restrictions:
  12-42              (1)  Military service creditable in the retirement
  12-43  system is active federal duty service in the armed forces of the
  12-44  United States, other than as a student at a service academy, as a
  12-45  member of the reserves, or any continuous active military service
  12-46  lasting less than 90 days.  To be creditable, the military service
  12-47  must have been performed before the beginning of the member's most
  12-48  recent period of membership in the retirement system or its
  12-49  predecessor system.
  12-50              (2)  A member is not eligible to establish military
  12-51  service credit unless the member was released from active military
  12-52  duty under conditions other than dishonorable.
  12-53              (3)  A member may not establish more than 24 months of
  12-54  creditable service in the retirement system for military service
  12-55  under this subsection.
  12-56              (4)  A member may establish creditable service under
  12-57  this subsection by contributing to the retirement system a single
  12-58  payment equal to 25 percent of the estimated cost of the additional
  12-59  projected retirement benefits the member will be entitled to
  12-60  receive.  The board will determine the required contribution based
  12-61  on a procedure recommended by the actuary and approved by the
  12-62  board.
  12-63              (5)  After the member makes the deposit required by
  12-64  this subsection, the retirement system shall grant the member one
  12-65  month of creditable service for each month of creditable military
  12-66  service established under this subsection.
  12-67        SECTION 6.  Section 7, Chapter 451, Acts of the 72nd
  12-68  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  12-69  Civil Statutes), is amended to read as follows:
  12-70        Sec. 7.  SERVICE RETIREMENT BENEFITS AND WITHDRAWAL BENEFITS.
   13-1  (a)  Except as provided by Subsection (b) of this section, a member
   13-2  who retires on or after the member's normal retirement date and
   13-3  applies in writing for a retirement allowance <On retirement from
   13-4  service, members entitled thereto> shall receive a life annuity
   13-5  (modified cash refund) beginning on the last day of the month after
   13-6  the month in which the member retired.  Unless Subsection (e) of
   13-7  this section or Section 8 of this Act applies, a member whose
   13-8  employment by the city, a hospital authority, or the board
   13-9  terminates before the member's normal retirement date is entitled
  13-10  to a distribution of the member's accumulated deposits in a single
  13-11  lump sum.  On receiving that distribution, a member is not entitled
  13-12  to any other benefit under this Act.  If a member has at least five
  13-13  years of creditable service and does not withdraw the member's
  13-14  accumulated deposits, the member is entitled to a life annuity
  13-15  (modified cash refund) beginning on the first day of the month
  13-16  after the month in which the member's normal retirement date
  13-17  occurs.  If a member has at least 20 years of creditable service
  13-18  and does not withdraw the member's accumulated deposits, the member
  13-19  is also entitled to elect an early retirement benefit on attaining
  13-20  age 55 <monthly retirement allowance consisting of current service
  13-21  annuity, prior service pension, or both>.
  13-22        (b)  A member who terminates employment with the city, a
  13-23  hospital authority, or the board and who has less than five years
  13-24  of creditable service is not entitled to a retirement allowance
  13-25  <meets the requirements of retirement shall receive monthly a
  13-26  current service annuity payment>.
  13-27        (c)  <A member who meets the requirements therefor shall
  13-28  receive monthly a prior service pension payment.>
  13-29        <(d)>  The amount <prior service pension and the current
  13-30  service annuity, as hereinafter set out, shall be considered a life
  13-31  annuity (modified cash refund) with the first monthly payment due
  13-32  from the member's retirement date, but the amounts> of the
  13-33  retirement allowance <these> and all other benefits payable under
  13-34  this statute shall be subject at all times to such adjustments as
  13-35  may be required to ensure actuarial soundness as may be approved by
  13-36  the actuary and adopted by the board, except that annuities already
  13-37  granted may not be reduced below the base figure granted at time of
  13-38  retirement.
  13-39        (d) <(e)>(1)  Subject to the conditions, limitations, and
  13-40  restrictions set forth in this subsection, as well as all other
  13-41  pertinent conditions, limitations, and restrictions set forth
  13-42  elsewhere in this Act, the board shall have the power once each
  13-43  year to authorize a <an annual> cost of living adjustment
  13-44  (hereinafter referred to as "adjustment") payment which, once
  13-45  authorized, <shall be paid out in 12 equal monthly installments
  13-46  which> shall be added to the current monthly payment of all
  13-47  retirement annuities, pensions, or allowances of each and every
  13-48  retired member <of the retirement and pensioning system who has
  13-49  retired> or the retired members' <surviving spouses or>
  13-50  beneficiaries who have become entitled to benefits, on or before
  13-51  December 31 of the year before the year in which the adjustment
  13-52  goes into effect <any preceding year>.  Before December 31
  13-53  <November 1> of each year, the board shall make a separate
  13-54  determination as to whether to authorize the payment of an <annual>
  13-55  adjustment and the amount of such adjustment, if any.  In
  13-56  determining whether to authorize an adjustment, the board may
  13-57  consider the changes in the consumer price index over the preceding
  13-58  12-month period, the actuarial experience of the fund, the
  13-59  investment experience of the fund, the amount of any prior
  13-60  adjustments, and other factors that the board and the actuary
  13-61  consider appropriate.
  13-62              (2)  In determining whether to authorize the payment
  13-63  and the amount of any <annual> adjustment, the board shall be
  13-64  governed by the following conditions, considerations, limitations,
  13-65  and restrictions:
  13-66                    (A)  Any and all determinations to authorize the
  13-67  payment of any adjustment amount must be based on the ability of
  13-68  the fund to pay such an amount and shall not be based on the
  13-69  individual needs of any particular retired members<, surviving
  13-70  spouses,> or beneficiaries.
   14-1                    (B)  Prior to the board's authorizing the payment
   14-2  of an <annual> adjustment, the actuary must approve and recommend
   14-3  such an adjustment to the board and certify in writing to the board
   14-4  that, based on the sound application of actuarial assumptions and
   14-5  methods consistent with sound actuarial principles and standards,
   14-6  it is demonstrable that the fund has and will continue to have the
   14-7  ability to pay such an amount out of its realized income after all
   14-8  other obligations of the fund have been paid.
   14-9                    (C)  The amount of the adjustment <payment> for
  14-10  each retired member<, surviving spouse,> or beneficiary may not
  14-11  exceed six <shall be increased or decreased by the amount of the
  14-12  change in the price index over the previous year, or by four>
  14-13  percent of the monthly payment due the retired member or
  14-14  beneficiary before the adjustment.  For members who retired during
  14-15  the year in which the adjustment is authorized, the increase for
  14-16  the first year in which the adjustment is being paid shall be
  14-17  prorated in the ratio that the number of completed months after the
  14-18  member's retirement in the year of the member's retirement bears to
  14-19  12.  After the first year the member is entitled to the full amount
  14-20  of the adjustment without proration.  <retirement allowance as
  14-21  adjusted, whichever is the smaller, provided, however, that such
  14-22  increase shall be prorated for a member who retired during the year
  14-23  in the ratio that the number of completed months after the member's
  14-24  retirement in that year bears to 12.  The actuary, in making a
  14-25  determination as to the amount of the adjustment payment, may use
  14-26  the base period in order to compute an average base period price
  14-27  index for the six-year base period by averaging or leveling the
  14-28  increases and decreases of the price index over the same six-year
  14-29  base period so long as it is demonstrated by the application of
  14-30  sound actuarial standards that such a use of averaging or leveling
  14-31  will not be detrimental to the continuity of the fund.>
  14-32                    (D)  The board shall have the authority and the
  14-33  duty on recommendation by the actuary, at any and all times and
  14-34  without notice to anyone, to decrease the amount of <the>
  14-35  adjustment payment as much as is necessary to protect the
  14-36  continuity of the retirement and pensioning system and to protect
  14-37  the corpus of the system should the ability of the system to
  14-38  continue to pay the adjustment be threatened by a change in the
  14-39  economic situation of the United States, the State of Texas, the
  14-40  city, or the system itself, such as would dictate that a prudent
  14-41  trustee should authorize such a decrease, providing that, if the
  14-42  threatening change should prove not to have had the predicted
  14-43  harmful effect on the system, then the board shall have the
  14-44  authority, on recommendation by the actuary, to reinstate the
  14-45  payment of all or any portion of the amount of the previously
  14-46  decreased adjustment payments.
  14-47                    <(E)  All monthly retirement annuities being paid
  14-48  by the system in which payments began prior to January 1, 1985,
  14-49  shall be increased effective March 1, 1985, with the first
  14-50  increased amounts being paid March 31, 1985, in accordance with the
  14-51  following schedule:>
  14-52         <Year of>                                <Percentage>
  14-53        (þLRetirementää                              þLIncreaseää
  14-54     <1962 and earlier>                               <250>
  14-55     <1963 through 1966>                              <230>
  14-56     <1967 through 1970>                              <160>
  14-57           <1971>                                     <105>
  14-58           <1972>                                     <100>
  14-59           <1973>                                      <65>
  14-60           <1974>                                      <55>
  14-61           <1975>                                      <50>
  14-62           <1976>                                      <45>
  14-63           <1977>                                      <40>
  14-64           <1978>                                      <35>
  14-65           <1979>                                      <25>
  14-66           <1980>                                      <15>
  14-67           <1981>                                       <8>
  14-68           <1982>                                       <7>
  14-69           <1983>                                       <6>
  14-70           <1984>                                       <5>
   15-1                    <All members are entitled to the following
   15-2  one-time benefit increase as of January 1, 1990:>
   15-3                                                     <Percent>
   15-4            (þLDate Benefit Commencedää            þLBenefit Increaseää
   15-5        <1968 or earlier>                             <15>
   15-6        <1969 through 1980>                           <11>
   15-7        <1981 through September, 1985>                 <8>
   15-8        <October, 1985, through August 1988>           <2>
   15-9        <September, 1988, through month prior>
  15-10        <to effective date of benefit increase>       <0.5>
  15-11              (3)  Any adjustment payments shall be in addition to
  15-12  the benefits to which a retired member<, surviving spouse,> or
  15-13  beneficiary is otherwise entitled under this Act, and in no event
  15-14  shall a reduction in the adjustment payments cause the retired
  15-15  member's<, surviving spouse's,> or beneficiary's benefits to be
  15-16  reduced below the actual base retirement figure calculated under
  15-17  the provisions of this Act.
  15-18              (4)  The following terms and definitions shall be used
  15-19  in construing the meaning of this section <subsection>:
  15-20                    (A)  "Base retirement figure" means that
  15-21  <retirement> figure calculated under the provisions of this Act at
  15-22  the time of actual retirement to which, for the purposes of this
  15-23  subsection, a retired member is entitled over a 12-month period.
  15-24                    (B)  "Consumer price <Price> index" means the
  15-25  <annual average over a calendar year of the> Consumer Price Index
  15-26  (all items-United States City average) published monthly by the
  15-27  Bureau of Labor Statistics, United States Department of Labor or
  15-28  its successor in function.
  15-29                    (C)  <"Adjustment payment" means an annual cost
  15-30  of living adjustment payment which is paid in 12 equal monthly
  15-31  installments which are added to the current monthly payment figure
  15-32  of retirement annuities, pensions, or allowances of members,
  15-33  surviving spouses, or beneficiaries of the retirement and
  15-34  pensioning system who have become entitled to benefits under this
  15-35  Act.>
  15-36                    <(D)  "Averaging" or "leveling" means a means
  15-37  whereby the fluctuations in the price index over a stated period of
  15-38  time may be first averaged out for the entire period to determine
  15-39  the average amount over that period of time that may be paid out as
  15-40  an annual adjustment payment, provided that in no event shall such
  15-41  an averaging or leveling principle be used to justify an annual
  15-42  increase in the annual adjustment payment which is equal to more
  15-43  than four percent of the current retirement figure.>
  15-44                    <(E)  "Base period" means the six years
  15-45  immediately preceding the year for which the annual adjustment
  15-46  payment is computed.>
  15-47                    <(F)  "Fund" means, for the purposes of this
  15-48  subsection, a combination of Fund No. 1 and Fund No. 2, as defined
  15-49  in this Act unless otherwise indicated.>
  15-50                    <(G)>  "Continuity of the fund" means the ability
  15-51  of the retirement and pensioning system's fund to continue to meet
  15-52  all of its purposes, to continue to thrive and grow along with the
  15-53  economy of the United States, the State of Texas, and the city, or
  15-54  to be able to sustain itself and its retired members<, surviving
  15-55  spouses,> and their beneficiaries during and throughout the periods
  15-56  of deflation or recession in those economies.
  15-57        (e) <(f)>  Any member shall be eligible for early retirement
  15-58  if the member attains <attained> the age of 55 years and completes
  15-59  <completed> at least 20 years of creditable service <with the
  15-60  city>.  Such member shall be entitled to a benefit equal to a life
  15-61  <the current service> annuity (modified cash refund) reduced at the
  15-62  rate of five-twelfths of one percent for each month the member was
  15-63  retired before the member's normal retirement date.  A member who
  15-64  takes early retirement shall begin receiving the benefits provided
  15-65  by this subsection beginning on the last day of the month after the
  15-66  month in which the member retired <at which payments commence>.
  15-67        (f) <(g)  Any member, irrespective of the number of years of
  15-68  creditable service, shall be eligible for normal retirement at age
  15-69  62.  After age 62 the member may continue in the employment of the
  15-70  city or the system and shall continue to make deposits to the
   16-1  system and accrue credit for membership service until he or she
   16-2  elects to retire.  No member shall be paid any benefits by the
   16-3  system so long as the member is permanently employed by the city or
   16-4  the system.>
   16-5        <(h)>  A member <attaining eligibility for retirement, except
   16-6  for disability retirement,> may file a duly acknowledged written
   16-7  designation which, if approved by the board, shall entitle the
   16-8  member, on retirement, to receive the actuarial equivalent of the
   16-9  life annuity in the form of one of the following options:
  16-10              (1)  Option I.  100 Percent Joint and Survivor Annuity.
  16-11  This option is a reduced monthly annuity payable to the member but
  16-12  with the provision that on the member's death the annuity shall be
  16-13  continued throughout the life of and be paid to such person as the
  16-14  member shall <irrevocably> designate before the member's actual
  16-15  retirement date.
  16-16              (2)  Option II.  50 Percent Joint and Survivor Annuity.
  16-17  This option is a reduced monthly annuity payable to the member but
  16-18  with the provision that on the member's death one-half of the
  16-19  annuity shall be continued throughout the life of and be paid to
  16-20  such person as the member shall <irrevocably> designate before the
  16-21  member's actual retirement date.
  16-22              (3)  Option III.  66-2/3  Percent Joint and Survivor
  16-23  Annuity.  This option is a reduced monthly annuity payable to the
  16-24  member but with the provision that on the member's death two-thirds
  16-25  of the annuity shall be continued throughout the life of and be
  16-26  paid to such person as the member shall <irrevocably> designate
  16-27  before the member's actual retirement date.
  16-28              (4)  Option IV.  Joint and 66-2/3  Percent Last
  16-29  Survivor Annuity.  This option is a reduced monthly annuity payable
  16-30  to the member but with the provision that two-thirds of the annuity
  16-31  to which the member would be entitled shall be continued throughout
  16-32  the life of and be paid to the survivor after the death of either
  16-33  the member or such person as the member shall <irrevocably>
  16-34  designate before the member's actual retirement date.
  16-35              (5)  Option V.  Level Income Option.  If payment of a
  16-36  retirement allowance <benefit> commences prior to the earliest age
  16-37  at which the member will become eligible for an old age insurance
  16-38  benefit under the Social Security Act, the member may elect that
  16-39  the amount of the monthly payments be adjusted so that an increased
  16-40  monthly amount will be paid prior to such age and a reduced monthly
  16-41  amount, if any, will be paid for life after such age.  The purpose
  16-42  of this adjustment is to enable the member to receive from this
  16-43  plan and under the Social Security Act an aggregate income in
  16-44  approximately a level amount for life.  <Such adjusted payments
  16-45  shall be the actuarial equivalent of the pension otherwise payable
  16-46  to such member.>
  16-47              (6)  Option VI. 66-2/3  Percent Joint and
  16-48  Survivor/Level Income Option.  If payment of a retirement allowance
  16-49  <benefit> commences prior to the earliest age at which the member
  16-50  could become eligible for an old age insurance benefit under the
  16-51  Social Security Act, the member may elect that the amount of the
  16-52  monthly payments be adjusted so that an increased monthly amount
  16-53  will be paid prior to such age and a reduced monthly amount will be
  16-54  paid for life after such age.  The purpose of this adjustment is to
  16-55  enable the member to receive from this plan and under the Social
  16-56  Security Act an aggregate income in approximately a level amount
  16-57  for life.  Option VI provides that if <If> the member's death
  16-58  occurs after age 62, two-thirds of the monthly annuity the member
  16-59  was receiving at the time of the member's death shall be continued
  16-60  throughout the life of and be paid to such person as the member
  16-61  shall <irrevocably> designate before the member's actual retirement
  16-62  date.  If the member's death occurs before age 62, two-thirds of
  16-63  the monthly annuity the member was receiving at the time of
  16-64  member's death shall be paid to such person as the member shall
  16-65  <irrevocably> designate before the member's actual retirement date
  16-66  through the end of the month when the member would have reached age
  16-67  62.  The monthly annuity being paid to such person as the member
  16-68  shall <irrevocably> designate before the member's actual retirement
  16-69  date will be reduced at the end of the month following the month in
  16-70  which the member would have reached age 62 to two-thirds of the
   17-1  reduced benefit the member would have begun to receive at age 62.
   17-2              (7)  Option VII. 15-Year Certain and Life Annuity.
   17-3  This option is a reduced annuity payable to the member for life.
   17-4  In the event of the member's death before 180 monthly payments have
   17-5  been made, the remainder of the 180 payments shall be paid <are
   17-6  payable> to the member's beneficiary or, if there is no
   17-7  beneficiary, to the member's estate.
   17-8              (8)  Option VIII.  Equivalent Benefit Plan.  If a
   17-9  member requests in writing, any <Any> other form of benefit or
  17-10  benefits may be paid either to the member or to such person or
  17-11  persons as the member shall designate before the member's actual
  17-12  retirement date <in writing>, provided that the benefit plan
  17-13  requested by the member is certified by the actuary for the system
  17-14  to be the actuarial equivalent of the life annuity with guaranteed
  17-15  refund of the retired member's accumulated deposits.  If, on the
  17-16  death of the member and all other persons entitled to receive
  17-17  payments under an optional benefit, the member's accumulated
  17-18  deposits as of the member's actual retirement date exceed the sum
  17-19  of all payments made under that optional benefit, that excess shall
  17-20  be paid in one lump sum to the member's beneficiary.
  17-21        (g)(1)  For purposes of Subsection (f) of this section,
  17-22  designation of a beneficiary must be in writing.  If a member has
  17-23  chosen Option I, II, III, IV, VI, or VIII, the member's designation
  17-24  of a beneficiary may not be revoked after a member retires, and any
  17-25  attempted revocation of a designation for those options is void.
  17-26  If the member is married, spousal consent is required for the
  17-27  member to select an optional benefit other than Option I, II, III,
  17-28  IV, or VI.  At any time before retirement, a member may file with
  17-29  the board a written statement designating one or more persons to be
  17-30  entitled to receive as beneficiary the reduced annuity payable
  17-31  under one of the optional benefits.  If a married member designates
  17-32  as a beneficiary any person other than the member's spouse, the
  17-33  member's spouse must consent in writing to the beneficiary
  17-34  designation, and the beneficiary designation may not be changed
  17-35  without spousal consent, unless the consent of the spouse expressly
  17-36  permits designations by the member without the requirement of
  17-37  further consent by the spouse.  The spouse's consent is irrevocable
  17-38  and must acknowledge the effect of the designation and be witnessed
  17-39  by a board employee or notary public.  Spousal consent is not
  17-40  required if it is established to the satisfaction of the board that
  17-41  the required consent cannot be obtained because there is no spouse,
  17-42  the spouse cannot be located, or other circumstances exist as
  17-43  prescribed by United States Treasury regulations.  Notwithstanding
  17-44  other provisions of this subdivision, the option election or
  17-45  beneficiary designation made by a member and consented to by the
  17-46  member's spouse may be revoked by the member in writing without
  17-47  consent of the spouse at any time before retirement.   The number
  17-48  of revocations is not limited.  A former spouse's waiver or consent
  17-49  is not binding on a new spouse.  An option selection becomes
  17-50  effective on the member's actual retirement date.  The member
  17-51  retains the right to change the option selected or the beneficiary
  17-52  designated until the member's actual retirement date, subject to
  17-53  this subsection.
  17-54              (2)  After filing the written statement selecting one
  17-55  of the optional benefits, the member may continue in employment and
  17-56  retire any time after the member becomes eligible by filing a
  17-57  written application for retirement.  If the member dies before
  17-58  retirement but after becoming eligible for retirement, the
  17-59  effective date of the member's retirement is the last day of the
  17-60  calendar month of death, and the benefit is computed on the
  17-61  optional benefit selected as if the member had retired on that
  17-62  date.
  17-63        (h) <(i)>  The amount of the annuity payment in Options I,
  17-64  II, III, IV, V, VI, VII, and VIII shall be determined without
  17-65  considering the minimum cumulative payment of the retired member's
  17-66  <employee's> accumulated deposits since that refund feature will
  17-67  stay in effect as indicated herein.
  17-68        (i)  If a member who is eligible for retirement dies without
  17-69  having filed a written selection of one of the enumerated options
  17-70  and if the member leaves a surviving spouse, that spouse may select
   18-1  the optional benefit in the same manner as if the member had made
   18-2  the selection or may select a lump-sum payment equal to the
   18-3  deceased member's accumulated deposits plus an equivalent amount
   18-4  from Fund No. 2.  If the member does not leave a surviving spouse,
   18-5  the member's designated beneficiary is entitled to elect either
   18-6  Option VII, to become effective at the beginning of the calendar
   18-7  month after the month in which the death of the member occurs, or
   18-8  the sum of a lump-sum payment equal to the deceased member's
   18-9  accumulated deposits plus an equivalent amount from Fund No. 2.  If
  18-10  the surviving spouse dies before the spouse receives retirement
  18-11  allowances equal to the amount of the member's accumulated deposits
  18-12  on the date of the member's death, the excess of the accumulated
  18-13  deposits over the retirement allowances paid shall be distributed
  18-14  in one lump sum to the member's estate.
  18-15        (j)  <On separation from the service of the city by
  18-16  resignation or dismissal before retirement, the member shall
  18-17  receive the amount of the accumulated deposits standing to the
  18-18  member's credit in one lump sum.  But, if a member has had at least
  18-19  five years of service with the city at the time the employee's
  18-20  service is terminated, the member shall have a vested right to
  18-21  elect to leave the member's accumulated deposits with the
  18-22  retirement system until such time as the member has applied in
  18-23  writing for benefit payments and has attained an age at which the
  18-24  member becomes entitled to receive monthly retirement benefit
  18-25  payments under this Act, at which time the member shall be entitled
  18-26  to a retirement allowance equal to that which the member would have
  18-27  received if the member had attained the age at the time of
  18-28  termination of the member's service which the member had attained
  18-29  at the time of making application.>
  18-30        <(k)>  In the event of death of a member who is ineligible
  18-31  for retirement, the member's accumulated deposits <standing to the
  18-32  member's credit in Fund No. 1> and an equivalent amount from Fund
  18-33  No. 2 shall be paid <payable> in a lump sum to the member's
  18-34  beneficiary <or, if there is no beneficiary, to the member's
  18-35  estate, unless the member shall have directed otherwise in writing,
  18-36  duly acknowledged and filed with the board>.
  18-37        (k)(1)  If a prior demand for withdrawal of accumulated
  18-38  deposits has not been made within seven <(l)  Seven> years after
  18-39  termination of employment with the city, a hospital authority, or
  18-40  the board <cessation of service> of a member with less than five
  18-41  years' of creditable service, the member's <if no previous demand
  18-42  has been made, any> accumulated deposits <standing to the member's
  18-43  credit> shall be returned to the member or the member's
  18-44  beneficiary.  Except as provided by Subdivision (2) of this
  18-45  subsection, if <estate.  If> the system is unable to locate the
  18-46  member or the member's beneficiary <estate>, the member's
  18-47  accumulated deposits shall thereafter be forfeited and become a
  18-48  part of Fund No. 2.
  18-49              (2)  If the member or member's beneficiary later
  18-50  appears and requests in writing the payment of the member's
  18-51  accumulated deposits, the system shall:
  18-52                    (A)  reinstate the account of the member;
  18-53                    (B)  credit to that account an amount equal to
  18-54  all of the accumulated deposits previously standing to the member's
  18-55  credit plus interest that would have been earned on those
  18-56  accumulated deposits if the funds had remained in Fund No. 1
  18-57  between the date of forfeiture to Fund No. 2 and the date of
  18-58  reinstatement of the member's account;
  18-59                    (C)  fund the account from the monies in Fund No.
  18-60  2; and
  18-61                    (D)  make all necessary payments to the member or
  18-62  member's beneficiary from the reinstated account.
  18-63              (3)  On payment of the accumulated deposits under this
  18-64  subsection, plus any interest on those deposits to which the member
  18-65  may be entitled, to the member or member's beneficiary in
  18-66  accordance with this subsection, the terminated employee ceases to
  18-67  be a member of the system.
  18-68        (l) <(m)>  In the event of the death of a member receiving a
  18-69  retirement allowance, the sum of $2,000 shall be payable in a lump
  18-70  sum to the member's beneficiary <or, if there is no beneficiary, to
   19-1  the member's estate, unless the member shall have directed
   19-2  otherwise in writing, duly acknowledged and filed with the board>.
   19-3        (m) <(n)(1)  Within one year prior to the date on which a
   19-4  member shall become eligible for retirement under any provisions of
   19-5  this Act, the member may file with the board a written statement
   19-6  selecting one of the optional benefits authorized by this Act,
   19-7  designating the person or beneficiary to be entitled to receive the
   19-8  reduced annuity payable under one of the optional benefits.  If the
   19-9  member is married, spousal consent is required for the member to
  19-10  select an optional benefit other than Option I, II, III, IV, or VI.
  19-11  An option selection shall become effective at the member's date of
  19-12  eligibility to retire.  The member shall retain the right to change
  19-13  the option selected until his retirement date.>
  19-14              <(2)  After filing the written statement selecting one
  19-15  of the optional benefits, the member may continue in service and
  19-16  thereafter retire any time after eligibility by filing a written
  19-17  application for retirement.  If the member dies before retirement
  19-18  but after becoming eligible for retirement, the effective date of
  19-19  the member's retirement shall be the last day of the calendar month
  19-20  of death, and the benefit shall be calculated as if the member had
  19-21  retired as of that date on the optional benefit selected.>
  19-22        <(o)  In the event a member who is eligible for retirement
  19-23  dies without having filed a written selection of one of the above
  19-24  enumerated options and if the member leaves a lawfully married
  19-25  spouse surviving, then the surviving spouse of such member may
  19-26  select the optional benefit in the same manner as if the member had
  19-27  made the selection or may select a lump-sum payment equal to the
  19-28  accumulated deposits standing to the member's credit in Fund No. 1
  19-29  plus an equivalent amount from Fund No. 2.  If the member leaves no
  19-30  lawfully married spouse surviving, then the member's designated
  19-31  beneficiary or, if there is no beneficiary, the executor or
  19-32  administrator of the estate of the member is entitled to elect
  19-33  either Option VII, 15-Year Certain and Life Annuity, effective at
  19-34  the beginning of the calendar month succeeding that in which the
  19-35  death of the member occurs, or a lump-sum payment equal to the
  19-36  accumulated deposits standing to the member's credit in Fund No. 1
  19-37  plus an equivalent amount from Fund No. 2.  In the event of the
  19-38  death of the lawfully married surviving spouse before having
  19-39  received retirement allowances equal to the amount of the member's
  19-40  accumulated deposits at the date of the member's death, the excess
  19-41  of such accumulated deposits over the retirement allowances paid
  19-42  shall be refunded in one sum to the member's estate.>
  19-43        <(p)>  When monthly survivor benefits are deemed payable as a
  19-44  result of the death of a member before retirement, an additional
  19-45  sum of $2,000 shall be payable as a death benefit to the member's
  19-46  designated beneficiary <or, if there is no beneficiary, to the
  19-47  member's estate>.
  19-48        (n) <(q)>  In the event of the death of the retired member
  19-49  under any retirement option and the death of the beneficiary
  19-50  <person irrevocably> designated by the retired member when either
  19-51  Option I, Option II, Option III, Option IV, or Option VI is in
  19-52  effect, before <monthly> retirement allowances have been received
  19-53  that are equal or greater than the retired member's accumulated
  19-54  deposits, then the member's estate will receive the excess of the
  19-55  retired member's accumulated deposits over the retirement
  19-56  allowances paid.
  19-57        (o)  Notwithstanding any contrary provision of this Act, the
  19-58  distribution of a member's benefits, including benefits payable
  19-59  after the member's death, made on or after January 1, 1985, shall
  19-60  be made in accordance with the following requirements and shall
  19-61  otherwise comply with 26 U.S.C. Section 401(a)(9) and its
  19-62  subsequent amendments and regulations, including Regulation Section
  19-63  1.401(a)(9)-2:
  19-64              (1)  A member's benefits shall be distributed to the
  19-65  member, or the distribution of those benefits shall begin, not
  19-66  later than April 1 of the calendar year after the calendar year in
  19-67  which occurs the later of the date on which the member attains age
  19-68  70-1/2 or the date on which the member's employment by the city,
  19-69  hospital authority, or the board terminates.
  19-70              (2)  A member's benefits shall be distributed over a
   20-1  period not exceeding the life of the member or the lives of the
   20-2  member and the member's beneficiary or over a period not exceeding
   20-3  the life expectancy of the member or the life expectancy of the
   20-4  member and the member's beneficiary.
   20-5              (3)  If the distribution of a member's benefit has
   20-6  begun and the member dies before the member's entire benefit is
   20-7  distributed, the remaining portion of that benefit shall be
   20-8  distributed at least as rapidly as under the form of benefit
   20-9  selected as of the date of the member's death, adjusted as
  20-10  necessary under this subsection.
  20-11              (4)  If a member dies before the distribution of the
  20-12  member's benefit has begun, the member's death benefit shall be
  20-13  distributed to the member's beneficiary within five years after the
  20-14  date of the member's death.  This five-year rule does not apply to
  20-15  any portion of the deceased member's benefit that is payable to or
  20-16  for the benefit of the member's surviving spouse.  A benefit
  20-17  payable to or for the benefit of the member's surviving spouse may
  20-18  be distributed over the life of the spouse or over a period not
  20-19  exceeding the life expectancy of the spouse, provided that payment
  20-20  of the benefit begins not later than the date on which the deceased
  20-21  member would have attained age 70-1/2.  If the surviving spouse
  20-22  dies before distributions to that spouse begin, the five-year rule
  20-23  applies as if the spouse had been the member.
  20-24              (5)  The five-year rule does not apply to distributions
  20-25  payable to a beneficiary over the life or life expectancy of the
  20-26  beneficiary, provided that payment of the benefit begins not later
  20-27  than the first anniversary of the date of the member's death.
  20-28              (6)  In applying the requirements of this subsection,
  20-29  the life expectancy of the member and the member's beneficiary
  20-30  shall be redetermined annually in accordance with regulations under
  20-31  26 U.S.C. Section 401(a)(9) and its subsequent amendments.
  20-32        (p)  The board may adjust the terms of payment under any form
  20-33  of benefit payment as long as the benefit as adjusted is the
  20-34  actuarial equivalent of the benefit before adjustment.
  20-35        SECTION 7.  Section 8, Chapter 451, Acts of the 72nd
  20-36  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  20-37  Civil Statutes), is amended to read as follows:
  20-38        Sec. 8.  Disability retirement.  (a)  Only
  20-39  active-contributory members, inactive-contributory members, and
  20-40  members on approved medical leave of absence <members who are
  20-41  permanent full-time employees or who are eligible to participate in
  20-42  the retirement fund or are contributing members or who work 30
  20-43  hours or more per week> are eligible for consideration for
  20-44  disability retirement.  Such members may apply for disability
  20-45  retirement at any date prior to their normal retirement date.
  20-46        (b)  If a member who is eligible for disability retirement
  20-47  and who has <with> less than 10 years of creditable service has
  20-48  become mentally or physically incapacitated for the performance of
  20-49  employment duties as a direct result of injuries sustained
  20-50  subsequent to the member's effective date of membership in the
  20-51  retirement system, the member may apply for disability retirement.
  20-52  Such application made by or on behalf of the injured member shall
  20-53  show that the injury sustained:
  20-54              (1)  was by external and violent means;
  20-55              (2)  came as a direct and proximate result of the
  20-56  performance of the member's <his or her> employment duties with the
  20-57  city, a hospital authority, or the board <system>; and
  20-58              (3)  is likely to be permanent.
  20-59        (c)  On recommendation of the physician or physicians
  20-60  appointed or selected by the board that an eligible <the> member's
  20-61  incapacity is likely to be permanent and after considering any
  20-62  additional evidence which the board deems relevant, the retirement
  20-63  board shall <may> award the member a disability retirement
  20-64  allowance <benefits>.  The decision of the board is final.
  20-65        (d)  If a member who is eligible for disability retirement
  20-66  and who has <with> more than 10 years of creditable service has
  20-67  become mentally or physically incapacitated for the performance of
  20-68  employment duties, the member may apply for disability retirement.
  20-69  The application made on behalf of the disabled member shall show
  20-70  that the incapacity is likely to be permanent.  On recommendation
   21-1  of the physician or physicians appointed or selected by the board
   21-2  that the  eligible member's incapacity is likely to be permanent
   21-3  and after considering any additional evidence which the board deems
   21-4  relevant, the retirement board shall <may> award such member a
   21-5  disability retirement allowance <benefits>.  The decision of the
   21-6  board is final.
   21-7        (e)  On award of a disability retirement allowance
   21-8  <benefits>, the member shall receive a disability retirement
   21-9  allowance, beginning on the last day of the month after the month
  21-10  in which the member became disabled, which shall be computed in the
  21-11  same manner that a retirement allowance would be computed at the
  21-12  member's normal retirement date, based on compensation and
  21-13  creditable service at the date of disability retirement, without
  21-14  reduction for early retirement.  The disabled member may choose to
  21-15  receive a life annuity (modified cash refund) or a benefit as <The
  21-16  options allowed are life annuity or its actuarial equivalent
  21-17  payable in the form> described by Section 7(f) of this Act as
  21-18  Option I, Option II, Option III, Option IV, or Option VII.
  21-19        (f)  A member receiving a disability retirement allowance
  21-20  will be required to file an annual report with <to> the retirement
  21-21  board concerning continued proof of disability.  The report shall
  21-22  include:
  21-23              (1)  a current statement of the member's physical or
  21-24  mental condition, signed by the member's attending physician; and
  21-25              (2)  a statement of all employment activities pursued
  21-26  in the preceding year.
  21-27        (g)  The board may verify all information submitted in this
  21-28  report.  Each calendar year, a <A> disabled member shall file an
  21-29  annual report not later than the 60th day after <on> the
  21-30  anniversary date of the member's disability retirement<; the annual
  21-31  report shall be filed no later than 60 days following the due
  21-32  date>.
  21-33        (h)  The pension officer will be responsible for a yearly
  21-34  report to the retirement board listing those disabled members who
  21-35  should be examined.  The retirement board shall have the right to
  21-36  order an examination of any person on disability retirement once
  21-37  each year until the member reaches the age of 62 years.  If the
  21-38  member refuses to submit to an examination by a physician or
  21-39  physicians appointed by the board or if the member refuses to
  21-40  submit an annual report in accordance with Subsection (g) of this
  21-41  section concerning continued proof of disability, the disability
  21-42  retirement allowance shall be discontinued until such refusal is
  21-43  withdrawn and the member has submitted to an examination or has
  21-44  submitted an annual report.  Should such refusal continue for a
  21-45  period of one year, the disability retirement allowance may be
  21-46  revoked by the board.  If a member's disability retirement
  21-47  allowance has been revoked, the board may reinstate the member's
  21-48  disability retirement allowance on the member's full performance of
  21-49  and compliance with all requirements of this section and the
  21-50  board's determination that the member's disability is continuing.
  21-51        (i)  If after investigation of the disabled member's
  21-52  activities or if the annual medical examination shows that the
  21-53  member is no longer physically or mentally incapacitated for the
  21-54  purposes of the performance of employment duties or that such
  21-55  member is engaged in or is able to engage in substantial gainful
  21-56  occupation, as defined by Social Security disability income
  21-57  guidelines, for which he or she is reasonably suited by education,
  21-58  training, or experience, the board may discontinue the disability
  21-59  retirement allowance.  If the disability retirement allowance of a
  21-60  member who had less than 10 years of creditable service is
  21-61  discontinued under this subsection or Subsection (h) of this
  21-62  section and not reinstated, and the member is not reemployed by the
  21-63  city, a hospital authority, or the board, the member is entitled to
  21-64  any amount by which the sum of the member's accumulated deposits as
  21-65  of the date of disability retirement exceeds the sum of all
  21-66  disability retirement benefits paid to the member by the system.
  21-67  If the disability retirement allowance of a member who had 10 years
  21-68  or more of creditable service is discontinued under this subsection
  21-69  or Subsection (h) of this section and not reinstated, and the
  21-70  member is not reemployed by the city, a hospital authority, or the
   22-1  board, the member may withdraw any amount by which the sum of the
   22-2  member's accumulated deposits as of the date of the disability
   22-3  retirement exceeds the sum of all disability retirement benefits
   22-4  paid to the member by the system.  If the member does not withdraw
   22-5  the excess, the member is entitled to a life annuity (modified cash
   22-6  refund) beginning on the first day of the month after the month in
   22-7  which the member's normal retirement date occurs.  <If the member
   22-8  who received a disability allowance with less than 10 years
   22-9  creditable service has his or her allowance discontinued pursuant
  22-10  to this provision, any remaining balance of Fund No. 1 will be
  22-11  refunded to the member.  If the member who received a disability
  22-12  allowance after 10 years creditable service has his or her
  22-13  allowance discontinued pursuant to this provision, his or her
  22-14  contributions shall remain in the system and he or she shall be
  22-15  considered a vested-noncontributory member.>
  22-16        (j)  If a disabled member returns to active employment
  22-17  service with the city, a hospital authority, or the board <system>,
  22-18  the disability retirement allowance shall cease.  If the person is
  22-19  reemployed as a regular full-time employee, the <Such> person shall
  22-20  be reinstated as an active-contributory <active> member of the
  22-21  system and shall comply with all requirements of this Act.  If
  22-22  reinstated as an active-contributory member, membership<.
  22-23  Membership> service credits accumulated prior to disability shall
  22-24  be restored to the full amount standing to the member's credit as
  22-25  of the date the board found the member <him or her> eligible for
  22-26  disability retirement, and any<.  Any> prior service credit shall
  22-27  be restored in full.  The member is not required to reimburse the
  22-28  fund for any disability retirement allowance amounts received by
  22-29  the member.
  22-30        SECTION 8.  Section 9, Chapter 451, Acts of the 72nd
  22-31  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  22-32  Civil Statutes), is amended to read as follows:
  22-33        Sec. 9.  Method of financing.  (a)  Each active-contributory
  22-34  member shall make deposits <Deposits by the members> to the
  22-35  retirement system <shall be made> at a rate equal to <based on>
  22-36  seven percent of the member's compensation, pay, or salary, <basic
  22-37  hourly earnings of each member> exclusive of overtime, incentive,
  22-38  or terminal pay, and disregarding compensation, pay, or salary in
  22-39  any month in excess of $16,666.  <Deposits shall be made so long as
  22-40  a member remains employed by the city or the system.>  Deposits
  22-41  shall be made by payroll deduction.  If a regular full-time
  22-42  employee works at least 75 percent of a normal 40-hour work week
  22-43  but less than the full 40 hours, the employee shall make deposits
  22-44  as though working a normal 40-hour work week even though the rate
  22-45  of contribution may exceed seven percent of the employee's actual
  22-46  compensation, pay, or salary, and the employee's average final
  22-47  compensation shall be computed on the basis of the compensation,
  22-48  pay, or salary for a normal 40-hour work week.  No deposits may be
  22-49  made nor membership service credit received for periods during
  22-50  which an employee's authorized normal work week is less than 75
  22-51  percent of a normal 40-hour work week.  A person who is eligible
  22-52  for inactive-contributory membership status and who chooses to be
  22-53  an inactive-contributory member shall make deposits to the
  22-54  retirement system biweekly in an amount that is equal to the amount
  22-55  of the member's deposit for the last complete biweekly pay period
  22-56  that the member was employed by the city, a hospital authority, or
  22-57  the board.  The members, by a majority vote in favor of an increase
  22-58  in contributions above seven percent, may <shall> increase each
  22-59  member's contributions above seven percent in whatever amount the
  22-60  pension board recommends.  The city shall contribute amounts equal
  22-61  to seven percent of the compensation, pay, or salary <basic hourly
  22-62  earnings> of each active-contributory member and each
  22-63  inactive-contributory  member employed by the city, exclusive of
  22-64  overtime, incentive, or terminal pay, and disregarding
  22-65  compensation, pay, or salary in any month in excess of $16,666.  If
  22-66  a regular full-time employee of the city works at least 75 percent
  22-67  of a normal 40-hour work week but less than the full 40 hours, the
  22-68  city shall make contributions for that employee as though that
  22-69  employee works a normal 40-hour work week even though the rate of
  22-70  contribution may exceed seven percent of that employee's actual
   23-1  compensation, pay, or salary.  The city council may authorize the
   23-2  city to make additional contributions to the system in whatever
   23-3  amount the city council may determine.  The board shall pay from
   23-4  the fund contributions in amounts equal to seven percent of the
   23-5  compensation, pay, or salary of each active-contributory member and
   23-6  each inactive-contributory member employed by the board, exclusive
   23-7  of overtime, incentive, or terminal pay, disregarding compensation,
   23-8  pay, or salary in any month in excess of $16,666.  If a regular
   23-9  full-time employee of the board works at least 75 percent of a
  23-10  normal 40-hour work week but less than the full 40 hours, the board
  23-11  shall make contributions for the employee as though the employee
  23-12  works a normal 40-hour work week even though the rate of
  23-13  contribution may exceed seven percent of the employee's actual
  23-14  compensation, pay, or salary.  If the city council authorizes
  23-15  additional contributions to the system by the city for city
  23-16  employees, the board may increase the contributions for the board
  23-17  employees by the same percentage.  Each hospital authority shall
  23-18  contribute amounts equal to seven percent of the compensation, pay,
  23-19  or salary of each active-contributory member and each
  23-20  inactive-contributory member employed by the hospital authority,
  23-21  exclusive of overtime, incentive, or terminal pay, disregarding
  23-22  compensation, pay, or salary in any month in excess of $16,666.  If
  23-23  a regular full-time employee of a hospital authority works at least
  23-24  75 percent of a normal 40-hour work week but less than the full 40
  23-25  hours, the hospital authority shall make contributions for that
  23-26  employee as though that employee works a normal 40-hour work week
  23-27  even though the rate of contribution may exceed seven percent of
  23-28  that employee's actual compensation, pay, or salary.  If the city
  23-29  council authorizes additional contributions to the system by the
  23-30  city for city employees, each hospital authority may increase the
  23-31  contributions for the hospital authority employees by the same
  23-32  percentage.  Contributions by the city, a hospital authority, and
  23-33  the board shall be made each pay period.
  23-34        (b)  In addition to the contributions by the city required by
  23-35  Subsection (a) of this section, the city shall contribute to the
  23-36  retirement fund each month two-thirds of such amounts <each month>
  23-37  as are <may be> required for the payment of prior service pensions
  23-38  <for service and disability retirement benefits> that are <may
  23-39  become> payable during that month, and <under the provisions of the
  23-40  retirement system, except that> one-third of each prior service
  23-41  pension payable that month <payment> shall be made from Fund No. 2.
  23-42        (c)  Contributions by the city shall be paid to the
  23-43  retirement system after appropriation by the city council.
  23-44        (d)  Expenses for <involved in> administration and operation
  23-45  of the retirement system that are approved by the board shall be
  23-46  paid by the board from funds of the retirement system <subject to
  23-47  approval of the board>.   Such expenses shall include salaries of
  23-48  board employees and fees for actuarial services, legal counsel
  23-49  services, physician services, accountant services, annual audits,
  23-50  investment manager services, investment consultant services,
  23-51  preparation of annual reports, and staff assistance.  <Other
  23-52  services and expenses may be authorized and paid for by the board
  23-53  as deemed necessary for the proper administration of the system.>
  23-54        (e)  The city shall pick up the city employee contributions
  23-55  to the fund.  The board <system> shall pick up the board employee
  23-56  contributions <administrative staff's contribution> to the fund.
  23-57  Each hospital authority shall pick up hospital authority employee
  23-58  contributions to the fund.  Member deposits <contributions> will be
  23-59  picked up by a reduction in their monetary compensation.
  23-60  Contributions picked up shall be treated as employer contributions
  23-61  in accordance with the Internal Revenue Code of 1986 (26 U.S.C.
  23-62  Section 414(h)(2)) for the purpose of determining tax treatment of
  23-63  the amounts under the Internal Revenue Code of 1986. These
  23-64  contributions are not includable in the gross income of the
  23-65  employee until such time as they are distributed or made available
  23-66  to the employee.  Employee deposits <contributions> picked up as
  23-67  provided by this subsection shall be credited <deposited> to the
  23-68  individual accumulated deposits account of each affected employee
  23-69  and shall be treated as compensation of employees for all other
  23-70  purposes of this statute and for the purpose of determining
   24-1  contributions to social security.  The provisions of this
   24-2  subsection shall remain in effect as long as the plan covering
   24-3  employees of the city is a qualified retirement plan under Section
   24-4  401(a) of the Internal Revenue Code of 1986 (26 U.S.C.  Section
   24-5  401(a)), and its related trust is tax exempt under Section 501(a)
   24-6  of the Internal Revenue Code of 1986 (26 U.S.C. Section 501(a)).
   24-7        (f)  Before the satisfaction of all liabilities incurred with
   24-8  respect to members and their beneficiaries under this Act, the
   24-9  corpus or income of the fund may not be used for, or diverted to,
  24-10  purposes other than for the exclusive benefit of the members and
  24-11  their beneficiaries.
  24-12        SECTION 9.  Section 10, Chapter 451, Acts of the 72nd
  24-13  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  24-14  Civil Statutes), is amended to read as follows:
  24-15        Sec. 10.  Investments of the board.  (a)  The retirement
  24-16  board shall be the trustee of the funds of the retirement system
  24-17  and shall have full power in its sole discretion to invest and
  24-18  reinvest, alter, and change the form of investment of the funds.
  24-19  The retirement board shall invest the funds in whatever instrument
  24-20  or investments the board considers prudent.  In making investments
  24-21  for the funds, the retirement board shall discharge its duties:
  24-22              (1)  for the exclusive purposes of:
  24-23                    (A)  providing benefits to members and their
  24-24  beneficiaries; and
  24-25                    (B)  defraying reasonable expenses of
  24-26  administering the funds;
  24-27              (2)  with the care, skill, prudence, and diligence
  24-28  under the circumstances then prevailing that a prudent person
  24-29  acting in a like capacity and familiar with such matters would use
  24-30  in the conduct of an enterprise of a like character and with like
  24-31  aims;
  24-32              (3)  by diversifying the investments of the funds to
  24-33  minimize the risk of large losses, unless under the circumstances
  24-34  it is clearly prudent not to do so; and
  24-35              (4)  in accordance with the laws, documents, and
  24-36  instruments governing the funds.
  24-37        (b)  A member of the board is not liable for any losses
  24-38  incurred in the investment of the fund in accordance with this
  24-39  section.
  24-40        (c)  No member of the board and no employee of the board,
  24-41  except as herein provided, shall have any interest, directly or
  24-42  indirectly, in the funds or receive any pay or emolument for his or
  24-43  her services.  No member of the board or employee thereof shall,
  24-44  directly or indirectly, for himself or herself or as an agent, in
  24-45  any manner use the funds or deposits of the retirement system
  24-46  except to make such current and necessary payments as are
  24-47  authorized by the board, nor shall any member or employee of the
  24-48  board become an endorser or surety or in any manner an obligator
  24-49  for money loaned by or borrowed from the board.
  24-50        (d)  Subject to the exceptions provided by this subsection,
  24-51  <(c)  None of> the funds or money mentioned in this Act are not
  24-52  assignable and are not<.  None of the funds or money mentioned in
  24-53  this Act are> subject to execution, levy, attachment, garnishment,
  24-54  the operation of bankruptcy or insolvency law, or any other process
  24-55  of law whatsoever.  This subsection does not apply to a qualified
  24-56  domestic relations order.  The board shall establish a written
  24-57  procedure to determine the qualified status of domestic relations
  24-58  orders and to administer distributions under those orders.  To the
  24-59  extent necessary to authorize distributions pursuant to a qualified
  24-60  domestic relations order, a former spouse of a member will be
  24-61  treated as the spouse or surviving spouse of the member.
  24-62        (e)  Subject to the exceptions provided by this subsection,
  24-63  the <(d)  The> right of a member to a pension, an annuity, a
  24-64  disability retirement allowance,  or a retirement allowance, to the
  24-65  return of accumulated deposits <contributions>, the pension,
  24-66  annuity, or retirement allowance itself, any optional benefit or
  24-67  death benefits, any other right accrued or accruing to any person
  24-68  under the provisions of this Act are unassignable and are not
  24-69  subject to execution, levy, attachment, garnishment, the operation
  24-70  of bankruptcy or insolvency law, or any other process of law
   25-1  whatsoever.  This subsection does not apply to a qualified domestic
   25-2  relations order.
   25-3        (f)  If the board makes an election to have Subchapters A and
   25-4  C of Chapter 804, Government Code, and their subsequent amendments,
   25-5  apply to the system, the death of an alternate payee, as defined by
   25-6  Section 804.001, Government Code, and its subsequent amendments, or
   25-7  the death of a member's spouse terminates any interest of the
   25-8  alternate payee or spouse that would otherwise exist under this
   25-9  Act, except an interest accrued by that person as a member.
  25-10        SECTION 10.  Section 11, Chapter 451, Acts of the 72nd
  25-11  Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas
  25-12  Civil Statutes), is amended to read as follows:
  25-13        Sec. 11.  Miscellaneous.  (a)  A person who with intent to
  25-14  deceive makes any statement or report required under this Act which
  25-15  is untrue or falsifies or permits to be falsified any record or
  25-16  records of the retirement system shall forfeit any office or rights
  25-17  held by the person under the system, and such deception,
  25-18  falsification, or acquiescence in falsification is deemed a Class B
  25-19  misdemeanor.
  25-20        (b)  If any change or error in the records of the retirement
  25-21  system is discovered or results in any member, <retired member,>
  25-22  surviving spouse, or beneficiary receiving from the retirement
  25-23  system more or less than the member, <retired member,> surviving
  25-24  spouse, or beneficiary would have been entitled to receive had the
  25-25  records been correct, the retirement board shall have the power  to
  25-26  correct such error and as far as possible to adjust the payments in
  25-27  such a manner that the actuarial equivalent of the benefits to
  25-28  which the member, <retired member,> surviving spouse, or
  25-29  beneficiary was correctly entitled shall be paid.
  25-30        (c)  On the full termination of the retirement and pensioning
  25-31  system, or on the complete discontinuance of contributions by the
  25-32  city, all hospital authorities, and the board under this Act, the
  25-33  retirement allowance of a member who is employed by the city, a
  25-34  hospital authority, or the board on the date of termination is
  25-35  determined by reference to the member's average final compensation
  25-36  and creditable service determined as of the date of termination of
  25-37  the system or the date of discontinuance of deposits as if the
  25-38  member had attained normal retirement age on that date.  This
  25-39  subsection does not accelerate the date on which the payment of
  25-40  that benefit would otherwise begin.
  25-41        (d)  A member who is entitled to a benefit, including a
  25-42  benefit consisting solely of a distribution of the member's
  25-43  accumulated deposits, from the system may instruct the system to
  25-44  pay the single lump-sum actuarial equivalent of that benefit
  25-45  directly to:
  25-46              (1)  another trust forming part of a pension,
  25-47  profit-sharing, or stock bonus plan maintained by that member's new
  25-48  employer and represented by that employer in writing as meeting the
  25-49  requirements of 26 U.S.C. Section 401(a) and its subsequent
  25-50  amendments, subject to the acceptance by the trust to which those
  25-51  transfers are made of those transfers; or
  25-52              (2)  an eligible transferee plan in accordance with the
  25-53  federal Unemployment Compensation Amendments of 1992 (Pub. L. No.
  25-54  102-318) and its subsequent amendments governing direct rollovers
  25-55  of eligible rollover distributions from qualified retirement plans.
  25-56        (e)  This Act does not grant a contract of employment between
  25-57  a member and the city, a hospital authority, or the board.
  25-58        SECTION 11.  (a)  Retirement allowances being paid by the
  25-59  retirement and pensioning system created by Chapter 451, Acts of
  25-60  the 72nd Legislature, Regular Session, 1991 (Article 6243n,
  25-61  Vernon's Texas Civil Statutes), to members of the retirement
  25-62  system, or to the beneficiaries of those members, who retired
  25-63  before December 1, 1989, are increased beginning with the payments
  25-64  due at the end of September in 1993.
  25-65        (b)  The amount of the increase for a member, or the
  25-66  beneficiary of the member, is by a percentage equal to:
  25-67              (1)  2.2 percent divided by the retirement formula in
  25-68  effect on the date of the member's retirement;
  25-69              (2)  minus one; and
  25-70              (3)  multiplied by 100.
   26-1        SECTION 12.  (a)  The changes in law made by this Act to
   26-2  Section 5(e), Chapter 451, Acts of the 72nd Legislature, Regular
   26-3  Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes), as
   26-4  redesignated by this Act, permit a member who, before July 1, 1993,
   26-5  reinstated any portion of the member's membership service or prior
   26-6  service under a city ordinance that was in effect before July 1,
   26-7  1993, to reinstate any membership service or prior service to which
   26-8  the member was not entitled to reinstate under that city ordinance.
   26-9        (b)  The changes in law made by this Act to Section 7,
  26-10  Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991
  26-11  (Article 6243n, Vernon's Texas Civil Statutes), apply only to an
  26-12  option election or beneficiary designation made on or after the
  26-13  effective date of this Act.  An option election or beneficiary
  26-14  designation made before the effective date of this Act is governed
  26-15  by the law in effect at the time the election or designation was
  26-16  made, and that law is continued in effect for this purpose only.
  26-17        SECTION 13.  This Act takes effect July 1, 1993.
  26-18        SECTION 14.  The importance of this legislation and the
  26-19  crowded condition of the calendars in both houses create an
  26-20  emergency and an imperative public necessity that the
  26-21  constitutional rule requiring bills to be read on three several
  26-22  days in each house be suspended, and this rule is hereby suspended,
  26-23  and that this Act take effect and be in force according to its
  26-24  terms, and it is so enacted.
  26-25                               * * * * *
  26-26                                                         Austin,
  26-27  Texas
  26-28                                                         April 29, 1993
  26-29  Hon. Bob Bullock
  26-30  President of the Senate
  26-31  Sir:
  26-32  We, your Committee on Intergovernmental Relations to which was
  26-33  referred H.B. No. 2799, have had the same under consideration, and
  26-34  I am instructed to report it back to the Senate with the
  26-35  recommendation that it do pass and be printed.
  26-36                                                         Armbrister,
  26-37  Chairman
  26-38                               * * * * *
  26-39                               WITNESSES
  26-40                                                  FOR   AGAINST  ON
  26-41  ___________________________________________________________________
  26-42  Name:  Pete Evans                                x
  26-43  Representing:  City of Austin Employees Retir
  26-44  City:  Austin
  26-45  -------------------------------------------------------------------
  26-46  Name:  Robert M. May                                           x
  26-47  Representing:  Austin Employees Retirement
  26-48  City:  Austin
  26-49  -------------------------------------------------------------------
  26-50  Name:  Evelya Howard-Hard                                      x
  26-51  Representing:  City of Austin ERS
  26-52  City:  Austin
  26-53  -------------------------------------------------------------------