By: Whitmire S.B. No. 264
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration of police officer retirement systems
1-2 in certain municipalities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2, Chapter 76, Acts of the 50th
1-5 Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
1-6 is amended by adding Subdivision (i) to read as follows:
1-7 (i) "Retired member" means a member who has terminated
1-8 service, other than an inactive member, and who is eligible to
1-9 receive a service or disability pension under this Act.
1-10 SECTION 2. Chapter 76, Acts of the 50th Legislature, 1947
1-11 (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
1-12 adding Section 2A to read as follows:
1-13 Sec. 2A. A person is ineligible to receive a pension based
1-14 on the person's service credited in the Pension System while the
1-15 person holds a classified position in the police department of the
1-16 city.
1-17 SECTION 3. Chapter 76, Acts of the 50th Legislature, 1947
1-18 (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
1-19 adding Section 11A to read as follows:
1-20 Sec. 11A. (a) The Pension System shall suspend all pension
1-21 payments to a person who has retired under this Act and is
1-22 subsequently appointed as the department head of the police
1-23 department. The suspension of payments begins on the effective
1-24 date of the person's appointment.
2-1 (b) Pension benefits based on the person's previous period
2-2 of service do not accrue during the period of pension payment
2-3 suspension, but the person again becomes an active member during
2-4 this period, and contributions of the city and the department head
2-5 for the subsequent service are payable during the period. The
2-6 department head retains credit for all previous service and
2-7 acquires credit for the subsequent service.
2-8 (c) The department head is eligible to retire at the end of
2-9 the subsequent service and receive pension benefits under this Act
2-10 based on both periods of service.
2-11 SECTION 4. Chapter 76, Acts of the 50th Legislature, 1947
2-12 (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
2-13 adding Section 16A to read as follows:
2-14 Sec. 16A. (a) An employee of the city who has retired under
2-15 this Act, was not eligible to become a member of a pension system
2-16 governed by Chapter 358, Acts of the 48th Legislature, 1943
2-17 (Article 6243g, Vernon's Texas Civil Statutes), under Section 4(d)
2-18 of that Act, and is or has been transferred by action of the city
2-19 to a classified position in a police department included in the
2-20 Pension System becomes or became as of the effective date of the
2-21 transfer an active member of the plan under this Act from which the
2-22 person earlier retired.
2-23 (b) A person who rejoins the Pension System under this
2-24 section is entitled to receive service credit for each day of
2-25 service and work performed by the person in a classified position
2-26 in the police department. The Pension Board shall add service
2-27 performed after the transfer to the prior service the member
3-1 accrued in a classified position in the police department. The
3-2 member may not receive service credit under this Act for service
3-3 performed for the city other than in a classified position in the
3-4 police department.
3-5 (c) After a transfer described by this section,
3-6 contributions of the city and the member become payable as for
3-7 other members of the same pension plan.
3-8 (d) When a member who has transferred as described by this
3-9 section subsequently retires, the person is entitled to a pension
3-10 computed on the basis of the combined service described by
3-11 Subsection (b) of this section, after deducting any period in which
3-12 the member was suspended from duty without pay, on leave of absence
3-13 without pay, on separation from service, or employed by the city in
3-14 a capacity other than in a classified position in the police
3-15 department.
3-16 (e) If a retired member receives both pension benefits from
3-17 the fund and a salary from the city as a classified officer that
3-18 cover the same period, the retired member shall repay to the fund
3-19 the pension benefits received during that period. The Pension
3-20 Board shall withhold payment of pension benefits under this Act if
3-21 it is determined that a retired member is receiving both pension
3-22 benefits from the fund and a salary from the city as a classified
3-23 officer that cover the same period. On request of the Pension
3-24 Board, the city attorney or a private attorney chosen by the board
3-25 shall file suit in a court of competent jurisdiction to recover
3-26 pension benefits owed to the fund under this subsection.
3-27 (f) This Act does not authorize the return to service with a
4-1 police department or the resumption of membership in the Pension
4-2 System by a retired member except as specifically provided by
4-3 Section 11A of this Act or this section.
4-4 SECTION 5. Chapter 76, Acts of the 50th Legislature, 1947
4-5 (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
4-6 adding Section 18 to read as follows:
4-7 Sec. 18. The Pension Board may require any active member,
4-8 inactive member, retired member, eligible survivor, or other person
4-9 or entity to furnish information the Board requires for the
4-10 determination of benefits under this Act. If a person or entity
4-11 does not cooperate in the furnishing or obtaining of information
4-12 required as provided by this section, the Board may withhold
4-13 payment of the pension or other benefits dependent on the
4-14 information.
4-15 SECTION 6. Article 6243g-3, Revised Statutes, is amended by
4-16 adding Section 18 to read as follows:
4-17 Sec. 18. RESUMPTION OF SERVICE AS DEPARTMENT HEAD AFTER
4-18 RETIREMENT. (a) The pension system shall suspend all pension
4-19 payments to a person who has retired under this article and is
4-20 subsequently appointed as the department head of the police
4-21 department. The suspension of payments begins on the effective
4-22 date of the person's appointment.
4-23 (b) Pension benefits based on the person's previous period
4-24 of service do not accrue during the period of pension payment
4-25 suspension, but the person again becomes an active member during
4-26 this period, and contributions of the city and the department head
4-27 for the subsequent service are payable during the period. The
5-1 department head retains credit for all previous service and
5-2 acquires credit for the subsequent service.
5-3 (c) The department head is eligible to retire at the end of
5-4 the subsequent service and receive pension benefits under this
5-5 article based on both periods of service.
5-6 SECTION 7. Article 6243g-3, Revised Statutes, is amended by
5-7 adding Section 25A to read as follows:
5-8 Sec. 25A. (a) An employee of the city who has retired under
5-9 this article, was not eligible to become a member of a pension
5-10 system governed by Chapter 358, Acts of the 48th Legislature, 1943
5-11 (Article 6243g, Vernon's Texas Civil Statutes), under Section 4(d)
5-12 of that Act, and is or has been transferred by action of the city
5-13 to a classified position in a police department included in the
5-14 pension system becomes or became as of the effective date of the
5-15 transfer an active member of the plan under this article from which
5-16 the person earlier retired.
5-17 (b) A person who rejoins the pension system under this
5-18 section is entitled to receive service credit for each day of
5-19 service and work performed by the person in a classified position
5-20 in the police department. The pension board shall add service
5-21 performed after the transfer to the prior service the member
5-22 accrued in a classified position in the police department. The
5-23 member may not receive service credit under this article for
5-24 service performed for the city other than in a classified position
5-25 in the police department.
5-26 (c) After a transfer described by this section,
5-27 contributions of the city and the member become payable as for
6-1 other members of the same pension plan.
6-2 (d) When a member who has transferred as described by this
6-3 section subsequently retires, the person is entitled to a pension
6-4 computed on the basis of the combined service described by
6-5 Subsection (b) of this section, after deducting any period in which
6-6 the member was suspended from duty without pay, on leave of absence
6-7 without pay, on separation from service, or employed by the city in
6-8 a capacity other than in a classified position in the police
6-9 department.
6-10 (e) If a retired member receives both pension benefits from
6-11 the fund and a salary from the city as a classified officer that
6-12 cover the same period, the retired member shall repay to the fund
6-13 the pension benefits received during that period. The pension
6-14 board shall withhold payment of pension benefits under this article
6-15 if it is determined that a retired member is receiving both pension
6-16 benefits from the fund and a salary from the city as a classified
6-17 officer that cover the same period. On request of the pension
6-18 board, the city attorney or a private attorney chosen by the board
6-19 shall file suit in a court of competent jurisdiction to recover
6-20 pension benefits owed to the fund under this subsection.
6-21 (f) This article does not authorize the return to service
6-22 with a police department or the resumption of membership in the
6-23 pension system by a retired member except as specifically provided
6-24 by Section 18 of this article or this section.
6-25 SECTION 8. If a person retired and was appointed before the
6-26 effective date of this Act as the department head of a police
6-27 department the employees of which are covered by a retirement
7-1 system to which the changes in law made by this Act apply, the
7-2 changes apply to the department head as if the effective date of
7-3 this Act were the effective date of the appointment.
7-4 SECTION 9. The importance of this legislation and the
7-5 crowded condition of the calendars in both houses create an
7-6 emergency and an imperative public necessity that the
7-7 constitutional rule requiring bills to be read on three several
7-8 days in each house be suspended, and this rule is hereby suspended,
7-9 and that this Act take effect and be in force from and after its
7-10 passage, and it is so enacted.