By:  Whitmire                                          S.B. No. 523
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the firemen's relief and retirement fund in certain
    1-2  municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 4, Chapter 432, Acts of the 64th
    1-5  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
    1-6  is amended by adding Subsection (o) to read as follows:
    1-7        (o)  A member who retires under this Act is entitled to
    1-8  receive an additional amount each month equal to $88.05, beginning
    1-9  on the later of the person's retirement date or the effective date
   1-10  of the 1993 amendment of this subsection.  Payments of an
   1-11  additional amount provided by this subsection end with the month in
   1-12  which the person dies.  Payments under this subsection are intended
   1-13  to defray the retiree's group medical insurance costs.
   1-14        SECTION 2.  Subsection (a), Section 10, Chapter 432, Acts of
   1-15  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
   1-16  Statutes), is amended to read as follows:
   1-17        (a)  The <governing body of the city shall deduct monthly a
   1-18  sum equal to nine percent from the salary or compensation of each
   1-19  member participating in the fund.  From and after September 1,
   1-20  1981, the> city shall deduct from the salary or compensation of
   1-21  each member participating in the fund a sum equal to eight <7 1/2>
   1-22  percent of such salary or compensation.
   1-23        SECTION 3.  Subsection (a), Section 11, Chapter 432, Acts of
   1-24  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
    2-1  Statutes), is amended to read as follows:
    2-2        (a)  If a member of a fire department who is eligible for
    2-3  benefits under this Act or who is receiving retirement benefits
    2-4  under this Act dies, his survivors, as described below, shall be
    2-5  entitled to a continuation of his benefits pursuant to this section
    2-6  and Section 7 of this Act.  If the member leaves surviving a widow,
    2-7  a child or children under the age of 18 years, a child who is over
    2-8  the age of 18 who is totally disabled as a result of a physical or
    2-9  mental illness, injury, or retardation, or a dependent parent or
   2-10  parents, the board of trustees shall order paid a monthly pension
   2-11  allowance.  The allowance or allowances shall be calculated and
   2-12  paid as follows:
   2-13              (1)  If a member dies and leaves surviving him both a
   2-14  widow who married the member prior to his retirement or who married
   2-15  the member on or after the member's retirement but at least five
   2-16  years before the date of the member's death and a child or children
   2-17  of the member under the age of 18 years, the board of trustees
   2-18  shall order paid to the widow of the member a monthly pension
   2-19  allowance equal to one-half of the amount the member would have
   2-20  been entitled to receive, and in addition the board of trustees
   2-21  shall order paid to the widow or other person having care and
   2-22  custody of the child or children under the age of 18 years a
   2-23  monthly pension allowance, for the use and benefit of the child or
   2-24  children, equal to the amount provided for the widow.  If the
   2-25  member leaves no child under the age of 18 years surviving him or
   2-26  if at any time after the death of the member no child is entitled
   2-27  to allowance, then the monthly pension allowance to be paid the
    3-1  widow shall be equal to the full amount the member would have been
    3-2  entitled to receive.
    3-3              (2)(A)  If the member dies and if his widow dies after
    3-4  being entitled to her allowance, or in the event that there is no
    3-5  widow to receive an allowance, the amount of the monthly pension
    3-6  allowance to be paid, for the use and benefit of the child or
    3-7  children under the age of 18 years, to the person having the care
    3-8  and custody of the child or children shall be computed as
    3-9  follows:  an amount equal to the full amount that the member would
   3-10  have been entitled to receive shall be paid for the member's
   3-11  children under the age of 18 years, except that the total monthly
   3-12  pension allowance provided for children shall not exceed the amount
   3-13  which the member would have been entitled to receive.
   3-14                    (B)  If the member dies and if his widow dies
   3-15  after being entitled to her allowance, or in the event that there
   3-16  is no widow to receive an allowance, the amount of the monthly
   3-17  pension allowance shall be extended to a child or children on proof
   3-18  to the board of trustees that the child or children are unmarried,
   3-19  a full-time student and between the ages of 18 and 22; the monthly
   3-20  pension shall be extended only for the period of time the child
   3-21  remains a full-time student; the monthly pension allowance shall be
   3-22  paid directly to the child or children and shall be an amount equal
   3-23  to the full amount the member would have been entitled to receive,
   3-24  except that the total amount shall not exceed the amount to which
   3-25  the member would have been entitled under Subdivision (1) of this
   3-26  subsection.
   3-27              (3)  If the member dies and only if no widow or child
    4-1  is entitled to an allowance under the provisions of this section, a
    4-2  monthly pension allowance equal to one-half of the amount that the
    4-3  member would have been entitled to receive shall be paid to each
    4-4  parent of the deceased member on proof to the board of trustees
    4-5  that the parent was dependent on the member immediately prior to
    4-6  the death of the member, except that the total monthly pension
    4-7  allowance provided for the parents shall not exceed the full amount
    4-8  which the member would have been entitled to receive.
    4-9        SECTION 4.  (a)  The change in law made by this Act to a
   4-10  member's required contribution under Subsection (a), Section 10,
   4-11  Chapter 432, Acts of the 64th Legislature, 1975 (Article 6243e.2,
   4-12  Vernon's Texas Civil Statutes), applies only to required
   4-13  contributions that become due on or after September 1, 1993.  A
   4-14  member's required contribution that became due before that date is
   4-15  governed by the law in effect at the time the contribution became
   4-16  due, and that law is continued in effect for that purpose only.
   4-17        (b)  The change in law made by this Act in the eligibility
   4-18  for benefits under Subsection (a), Section 11, Chapter 432, Acts of
   4-19  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
   4-20  Statutes), of the surviving spouse of a person retired under that
   4-21  Act applies only to benefits that become payable because of a
   4-22  retiree's death that occurs on or after the effective date of this
   4-23  Act.
   4-24        SECTION 5.  The importance of this legislation and the
   4-25  crowded condition of the calendars in both houses create an
   4-26  emergency and an imperative public necessity that the
   4-27  constitutional rule requiring bills to be read on three several
    5-1  days in each house be suspended, and this rule is hereby suspended,
    5-2  and that this Act take effect and be in force from and after its
    5-3  passage, and it is so enacted.