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
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