1-1  By:  Whitmire                                          S.B. No. 264
    1-2        (In the Senate - Filed February 4, 1993; February 8, 1993,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; April 22, 1993, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  April 22, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Armbrister         x                               
   1-10        Leedom             x                               
   1-11        Carriker           x                               
   1-12        Henderson                                     x    
   1-13        Madla              x                               
   1-14        Moncrief           x                               
   1-15        Patterson          x                               
   1-16        Rosson             x                               
   1-17        Shapiro            x                               
   1-18        Wentworth          x                               
   1-19        Whitmire                                      x    
   1-20  COMMITTEE SUBSTITUTE FOR S.B. No. 264               By:  Armbrister
   1-21                         A BILL TO BE ENTITLED
   1-22                                AN ACT
   1-23  relating to the administration of police officer retirement systems
   1-24  in certain municipalities.
   1-25        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-26        SECTION 1.  Section 2, Chapter 76, Acts of the 50th
   1-27  Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
   1-28  is amended by adding Subdivision (i) to read as follows:
   1-29        (i)  "Retired member" means a member who has terminated
   1-30  service, other than an inactive member, and who is eligible to
   1-31  receive a service or disability pension under this Act.
   1-32        SECTION 2.  Chapter 76, Acts of the 50th Legislature, 1947
   1-33  (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
   1-34  adding Section 2A to read as follows:
   1-35        Sec. 2A.  A person is ineligible to receive a pension based
   1-36  on the person's service credited in the Pension System while the
   1-37  person holds a classified position in the police department of the
   1-38  city.
   1-39        SECTION 3.  Chapter 76, Acts of the 50th Legislature, 1947
   1-40  (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
   1-41  adding Section 11A to read as follows:
   1-42        Sec. 11A.  (a)  The Pension System shall suspend all pension
   1-43  payments to a person who has retired under this Act and is
   1-44  subsequently appointed as the department head of the police
   1-45  department.  The suspension of payments begins on the effective
   1-46  date of the person's appointment.
   1-47        (b)  Pension benefits based on the person's previous period
   1-48  of service do not accrue during the period of pension payment
   1-49  suspension, but the person again becomes an active member during
   1-50  this period, and contributions of the city and the department head
   1-51  for the subsequent service are payable during the period.  The
   1-52  department head retains credit for all previous service and
   1-53  acquires credit for the subsequent service.
   1-54        (c)  The department head is eligible to retire at the end of
   1-55  the subsequent service and receive pension benefits under this Act
   1-56  based on both periods of service.
   1-57        SECTION 4.  Chapter 76, Acts of the 50th Legislature, 1947
   1-58  (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
   1-59  adding Section 16A to read as follows:
   1-60        Sec. 16A.  (a)  An employee of the city who has retired under
   1-61  this Act, was not eligible to become a member of a pension system
   1-62  governed by Chapter 358, Acts of the 48th Legislature, 1943
   1-63  (Article 6243g, Vernon's Texas Civil Statutes), under Section 4(d)
   1-64  of that Act, and is or has been transferred by action of the city
   1-65  to a classified position in a police department included in the
   1-66  Pension System becomes or became as of the effective date of the
   1-67  transfer an active member of the plan under this Act from which the
   1-68  person earlier retired.
    2-1        (b)  A person who rejoins the Pension System under this
    2-2  section is entitled to receive service credit for each day of
    2-3  service and work performed by the person in a classified position
    2-4  in the police department.  The Pension Board shall add service
    2-5  performed after the transfer to the prior service the member
    2-6  accrued in a classified position in the police department.  The
    2-7  member may not receive service credit under this Act for service
    2-8  performed for the city other than in a classified position in the
    2-9  police department.
   2-10        (c)  After a transfer described by this section,
   2-11  contributions of the city and the member become payable as for
   2-12  other members of the same pension plan.
   2-13        (d)  When a member who has transferred as described by this
   2-14  section subsequently retires, the person is entitled to a pension
   2-15  computed on the basis of the combined service described by
   2-16  Subsection (b) of this section, after deducting any period in which
   2-17  the member was suspended from duty without pay, on leave of absence
   2-18  without pay, on separation from service, or employed by the city in
   2-19  a capacity other than in a classified position in the police
   2-20  department.
   2-21        (e)  If a retired member receives both pension benefits from
   2-22  the fund and a salary from the city as a classified officer that
   2-23  cover the same period, the retired member shall repay to the fund
   2-24  the pension benefits received during that period.  The Pension
   2-25  Board shall withhold payment of pension benefits under this Act if
   2-26  it is determined that a retired member is receiving both pension
   2-27  benefits from the fund and a salary from the city as a classified
   2-28  officer that cover the same period.  On request of the Pension
   2-29  Board, the city attorney or a private attorney chosen by the board
   2-30  shall file suit in a court of competent jurisdiction to recover
   2-31  pension benefits owed to the fund under this subsection.
   2-32        (f)  This Act does not authorize the return to service with a
   2-33  police department or the resumption of membership in the Pension
   2-34  System by a retired member except as specifically provided by
   2-35  Section 11A of this Act or this section.
   2-36        SECTION 5.  Chapter 76, Acts of the 50th Legislature, 1947
   2-37  (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by
   2-38  adding Section 18 to read as follows:
   2-39        Sec. 18.  The Pension Board may require any active member,
   2-40  inactive member, retired member, eligible survivor, or other person
   2-41  or entity to furnish information the Board requires for the
   2-42  determination of benefits under this Act.  If a person or entity
   2-43  does not cooperate in the furnishing or obtaining of information
   2-44  required as provided by this section, the Board may withhold
   2-45  payment of the pension or other benefits dependent on the
   2-46  information.
   2-47        SECTION 6.  Article 6243g-3, Revised Statutes, is amended by
   2-48  adding Section 18 to read as follows:
   2-49        Sec. 18.  RESUMPTION OF SERVICE AS DEPARTMENT HEAD AFTER
   2-50  RETIREMENT.  (a)  The pension system shall suspend all pension
   2-51  payments to a person who has retired under this article and is
   2-52  subsequently appointed as the department head of the police
   2-53  department.  The suspension of payments begins on the effective
   2-54  date of the person's appointment.
   2-55        (b)  Pension benefits based on the person's previous period
   2-56  of service do not accrue during the period of pension payment
   2-57  suspension, but the person again becomes an active member during
   2-58  this period, and contributions of the city and the department head
   2-59  for the subsequent service are payable during the period.  The
   2-60  department head retains credit for all previous service and
   2-61  acquires credit for the subsequent service.
   2-62        (c)  The department head is eligible to retire at the end of
   2-63  the subsequent service and receive pension benefits under this
   2-64  article based on both periods of service.
   2-65        SECTION 7.  Article 6243g-3, Revised Statutes, is amended by
   2-66  adding Section 25A to read as follows:
   2-67        Sec. 25A.  (a)  An employee of the city who has retired under
   2-68  this article, was not eligible to become a member of a pension
   2-69  system governed by Chapter 358, Acts of the 48th Legislature, 1943
   2-70  (Article 6243g, Vernon's Texas Civil Statutes), under Section 4(d)
    3-1  of that Act, and is or has been transferred by action of the city
    3-2  to a classified position in a police department included in the
    3-3  pension system becomes or became as of the effective date of the
    3-4  transfer an active member of the plan under this article from which
    3-5  the person earlier retired.
    3-6        (b)  A person who rejoins the pension system under this
    3-7  section is entitled to receive service credit for each day of
    3-8  service and work performed by the person in a classified position
    3-9  in the police department.  The pension board shall add service
   3-10  performed after the transfer to the prior service the member
   3-11  accrued in a classified position in the police department.  The
   3-12  member may not receive service credit under this article for
   3-13  service performed for the city other than in a classified position
   3-14  in the police department.
   3-15        (c)  After a transfer described by this section,
   3-16  contributions of the city and the member become payable as for
   3-17  other members of the same pension plan.
   3-18        (d)  When a member who has transferred as described by this
   3-19  section subsequently retires, the person is entitled to a pension
   3-20  computed on the basis of the combined service described by
   3-21  Subsection (b) of this section, after deducting any period in which
   3-22  the member was suspended from duty without pay, on leave of absence
   3-23  without pay, on separation from service, or employed by the city in
   3-24  a capacity other than in a classified position in the police
   3-25  department.
   3-26        (e)  If a retired member receives both pension benefits from
   3-27  the fund and a salary from the city as a classified officer that
   3-28  cover the same period,  the retired member shall repay to the fund
   3-29  the pension benefits received during that period.  The pension
   3-30  board shall withhold payment of pension benefits under this article
   3-31  if it is determined that a retired member is receiving both pension
   3-32  benefits from the fund and a salary from the city as a classified
   3-33  officer that cover the same period.  On request of the pension
   3-34  board, the city attorney or a private attorney chosen by the board
   3-35  shall file suit in a court of competent jurisdiction to recover
   3-36  pension benefits owed to the fund under this subsection.
   3-37        (f)  This article does not authorize the return to service
   3-38  with a police department or the resumption of membership in the
   3-39  pension system by a retired member except as specifically provided
   3-40  by Section 18 of this article or this section.
   3-41        SECTION 8.  If a person retired and was appointed before the
   3-42  effective date of this Act as the department head of a police
   3-43  department the employees of which are covered by a retirement
   3-44  system to which the changes in law made by this Act apply, the
   3-45  changes apply to the department head as if the effective date of
   3-46  this Act were the effective date of the appointment.
   3-47        SECTION 9.  The importance of this legislation and the
   3-48  crowded condition of the calendars in both houses create an
   3-49  emergency and an imperative public necessity that the
   3-50  constitutional rule requiring bills to be read on three several
   3-51  days in each house be suspended, and this rule is hereby suspended,
   3-52  and that this Act take effect and be in force from and after its
   3-53  passage, and it is so enacted.
   3-54                               * * * * *
   3-55                                                         Austin,
   3-56  Texas
   3-57                                                         April 22, 1993
   3-58  Hon. Bob Bullock
   3-59  President of the Senate
   3-60  Sir:
   3-61  We, your Committee on Intergovernmental Relations to which was
   3-62  referred S.B. No. 264, have had the same under consideration, and I
   3-63  am instructed to report it back to the Senate with the
   3-64  recommendation that it do not pass, but that the Committee
   3-65  Substitute adopted in lieu thereof do pass and be printed.
   3-66                                                         Armbrister,
   3-67  Chairman
   3-68                               * * * * *
   3-69                               WITNESSES
   3-70                                                  FOR   AGAINST  ON
    4-1  ___________________________________________________________________
    4-2  Name:  Sabrina Foster                            x
    4-3  Representing:  Mayor and City Council
    4-4  City:  Houston
    4-5  -------------------------------------------------------------------