By:  Whitmire                                          S.B. No. 523
       73R4926 SOS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the firemen's relief and retirement fund in certain
    1-3  municipalities.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4, Chapter 432, Acts of the 64th
    1-6  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
    1-7  is amended by adding Subsection (o) to read as follows:
    1-8        (o)  A member who retires under this Act is entitled to
    1-9  receive an additional amount each month equal to $88.05, beginning
   1-10  on the later of the person's retirement date or the effective date
   1-11  of the 1993 amendment of this subsection.  Payments of an
   1-12  additional amount provided by this subsection end with the month in
   1-13  which the person dies.  Payments under this subsection are intended
   1-14  to defray the retiree's group medical insurance costs.
   1-15        SECTION 2.  Section 10(a), Chapter 432, Acts of the 64th
   1-16  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
   1-17  is amended to read as follows:
   1-18        (a)  The <governing body of the city shall deduct monthly a
   1-19  sum equal to nine percent from the salary or compensation of each
   1-20  member participating in the fund.  From and after September 1,
   1-21  1981, the> city shall deduct from the salary or compensation of
   1-22  each member participating in the fund a sum equal to eight <7 1/2>
   1-23  percent of such salary or compensation.
   1-24        SECTION 3.  Section 11(a), Chapter 432, Acts of the 64th
    2-1  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
    2-2  is amended to read as follows:
    2-3        (a)  If a member of a fire department who is eligible for
    2-4  benefits under this Act or who is receiving retirement benefits
    2-5  under this Act dies, his survivors, as described below, shall be
    2-6  entitled to a continuation of his benefits pursuant to this section
    2-7  and Section 7 of this Act.  If the member leaves surviving a widow,
    2-8  a child or children under the age of 18 years, a child who is over
    2-9  the age of 18 who is totally disabled as a result of a physical or
   2-10  mental illness, injury, or retardation, or a dependent parent or
   2-11  parents, the board of trustees shall order paid a monthly pension
   2-12  allowance.  The allowance or allowances shall be calculated and
   2-13  paid as follows:
   2-14              (1)  If a member dies and leaves surviving him both a
   2-15  widow who married the member prior to his retirement or who married
   2-16  the member on or after the member's retirement but at least five
   2-17  years before the date of the member's death and a child or children
   2-18  of the member under the age of 18 years, the board of trustees
   2-19  shall order paid to the widow of the member a monthly pension
   2-20  allowance equal to one-half of the amount the member would have
   2-21  been entitled to receive, and in addition the board of trustees
   2-22  shall order paid to the widow or other person having care and
   2-23  custody of the child or children under the age of 18 years a
   2-24  monthly pension allowance, for the use and benefit of the child or
   2-25  children, equal to the amount provided for the widow.  If the
   2-26  member leaves no child under the age of 18 years surviving him or
   2-27  if at any time after the death of the member no child is entitled
    3-1  to allowance, then the monthly pension allowance to be paid the
    3-2  widow shall be equal to the full amount the member would have been
    3-3  entitled to receive.
    3-4              (2)(A)  If the member dies and if his widow dies after
    3-5  being entitled to her allowance, or in the event that there is no
    3-6  widow to receive an allowance, the amount of the monthly pension
    3-7  allowance to be paid, for the use and benefit of the child or
    3-8  children under the age of 18 years, to the person having the care
    3-9  and custody of the child or children shall be computed as
   3-10  follows:  an amount equal to the full amount that the member would
   3-11  have been entitled to receive shall be paid for the member's
   3-12  children under the age of 18 years, except that the total monthly
   3-13  pension allowance provided for children shall not exceed the amount
   3-14  which the member would have been entitled to receive.
   3-15                    (B)  If the member dies and if his widow dies
   3-16  after being entitled to her allowance, or in the event that there
   3-17  is no widow to receive an allowance, the amount of the monthly
   3-18  pension allowance shall be extended to a child or children on proof
   3-19  to the board of trustees that the child or children are unmarried,
   3-20  a full-time student and between the ages of 18 and 22; the monthly
   3-21  pension shall be extended only for the period of time the child
   3-22  remains a full-time student; the monthly pension allowance shall be
   3-23  paid directly to the child or children and shall be an amount equal
   3-24  to the full amount the member would have been entitled to receive,
   3-25  except that the total amount shall not exceed the amount to which
   3-26  the member would have been entitled under Subdivision (1) of this
   3-27  subsection.
    4-1              (3)  If the member dies and only if no widow or child
    4-2  is entitled to an allowance under the provisions of this section, a
    4-3  monthly pension allowance equal to one-half of the amount that the
    4-4  member would have been entitled to receive shall be paid to each
    4-5  parent of the deceased member on proof to the board of trustees
    4-6  that the parent was dependent on the member immediately prior to
    4-7  the death of the member, except that the total monthly pension
    4-8  allowance provided for the parents shall not exceed the full amount
    4-9  which the member would have been entitled to receive.
   4-10        SECTION 4.  (a)  The change in law made by this Act to a
   4-11  member's required contribution under Section 10(a), Chapter 432,
   4-12  Acts of the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas
   4-13  Civil Statutes), applies only to required contributions that become
   4-14  due on or after September 1, 1993.  A member's required
   4-15  contribution that became due before that date is governed by the
   4-16  law in effect at the time the contribution became due, and that law
   4-17  is continued in effect for that purpose only.
   4-18        (b)  The change in law made by this Act in the eligibility
   4-19  for benefits under Section 11(a), Chapter 432, Acts of the 64th
   4-20  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
   4-21  of the surviving spouse of a person retired under that Act applies
   4-22  only to benefits that become payable because of a retiree's death
   4-23  that occurs on or after the effective date of this 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.