By:  Whitmire                                          S.B. No. 264
       73R1825 GCH-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to resumption of certain types of service by retirees of
    1-3  police officer retirement systems in certain municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 76, Acts of the 50th Legislature, Regular
    1-6  Session, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes), is
    1-7  amended by adding Section 11A to read as follows:
    1-8        Sec. 11A.  (a)  The Pension System shall suspend all pension
    1-9  payments to a person who has retired under this Act and is
   1-10  subsequently appointed as the department head of the police
   1-11  department.  The suspension of payments begins on the effective
   1-12  date of the person's appointment.
   1-13        (b)  Pension benefits based on the person's previous period
   1-14  of service do not accrue during the period of pension payment
   1-15  suspension, but the person again becomes an active member during
   1-16  this period, and contributions of the city and the department head
   1-17  for the subsequent service are payable during the period.  The
   1-18  department head retains credit for all previous service and
   1-19  acquires credit for the subsequent service.
   1-20        (c)  The department head is eligible to retire at the end of
   1-21  the subsequent service and receive pension benefits under this Act
   1-22  based on both periods of service.
   1-23        SECTION 2.  Article 6243g-3, Revised Statutes, is amended by
   1-24  adding Section 18 to read as follows:
    2-1        Sec. 18.  RESUMPTION OF SERVICE AS DEPARTMENT HEAD AFTER
    2-2  RETIREMENT.  (a)  The pension system shall suspend all pension
    2-3  payments to a person who has retired under this article and is
    2-4  subsequently appointed as the department head of the police
    2-5  department.  The suspension of payments begins on the effective
    2-6  date of the person's appointment.
    2-7        (b)  Pension benefits based on the person's previous period
    2-8  of service do not accrue during the period of pension payment
    2-9  suspension, but the person again becomes an active member during
   2-10  this period, and contributions of the city and the department head
   2-11  for the subsequent service are payable during the period.  The
   2-12  department head retains credit for all previous service and
   2-13  acquires credit for the subsequent service.
   2-14        (c)  The department head is eligible to retire at the end of
   2-15  the subsequent service and receive pension benefits under this
   2-16  article based on both periods of service.
   2-17        SECTION 3.  If a person retired and was appointed before the
   2-18  effective date of this Act as the department head of a police
   2-19  department the employees of whom are covered by a retirement system
   2-20  to which the changes in law made by this Act apply, the changes
   2-21  apply to the department head as if the effective date of this Act
   2-22  were the effective date of the appointment.
   2-23        SECTION 4.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
   2-26  constitutional rule requiring bills to be read on three several
   2-27  days in each house be suspended, and this rule is hereby suspended,
    3-1  and that this Act take effect and be in force from and after its
    3-2  passage, and it is so enacted.