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.