1-1  By:  Whitmire                                          S.B. No. 523
    1-2        (In the Senate - Filed March 1, 1993; March 2, 1993, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; May 5, 1993, reported favorably by the following vote:
    1-5  Yeas 7, Nays 0; May 5, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Armbrister                                    x    
    1-9        Leedom             x                               
   1-10        Carriker                                      x    
   1-11        Henderson          x                               
   1-12        Madla              x                               
   1-13        Moncrief           x                               
   1-14        Patterson                                     x    
   1-15        Rosson             x                               
   1-16        Shapiro                                       x    
   1-17        Wentworth          x                               
   1-18        Whitmire           x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the firemen's relief and retirement fund in certain
   1-22  municipalities.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 4, Chapter 432, Acts of the 64th
   1-25  Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil Statutes),
   1-26  is amended by adding Subsection (o) to read as follows:
   1-27        (o)  A member who retires under this Act is entitled to
   1-28  receive an additional amount each month equal to $88.05, beginning
   1-29  on the later of the person's retirement date or the effective date
   1-30  of the 1993 amendment of this subsection.  Payments of an
   1-31  additional amount provided by this subsection end with the month in
   1-32  which the person dies.  Payments under this subsection are intended
   1-33  to defray the retiree's group medical insurance costs.
   1-34        SECTION 2.  Subsection (a), Section 10, Chapter 432, Acts of
   1-35  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
   1-36  Statutes), is amended to read as follows:
   1-37        (a)  The <governing body of the city shall deduct monthly a
   1-38  sum equal to nine percent from the salary or compensation of each
   1-39  member participating in the fund.  From and after September 1,
   1-40  1981, the> city shall deduct from the salary or compensation of
   1-41  each member participating in the fund a sum equal to eight <7 1/2>
   1-42  percent of such salary or compensation.
   1-43        SECTION 3.  Subsection (a), Section 11, Chapter 432, Acts of
   1-44  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
   1-45  Statutes), is amended to read as follows:
   1-46        (a)  If a member of a fire department who is eligible for
   1-47  benefits under this Act or who is receiving retirement benefits
   1-48  under this Act dies, his survivors, as described below, shall be
   1-49  entitled to a continuation of his benefits pursuant to this section
   1-50  and Section 7 of this Act.  If the member leaves surviving a widow,
   1-51  a child or children under the age of 18 years, a child who is over
   1-52  the age of 18 who is totally disabled as a result of a physical or
   1-53  mental illness, injury, or retardation, or a dependent parent or
   1-54  parents, the board of trustees shall order paid a monthly pension
   1-55  allowance.  The allowance or allowances shall be calculated and
   1-56  paid as follows:
   1-57              (1)  If a member dies and leaves surviving him both a
   1-58  widow who married the member prior to his retirement or who married
   1-59  the member on or after the member's retirement but at least five
   1-60  years before the date of the member's death and a child or children
   1-61  of the member under the age of 18 years, the board of trustees
   1-62  shall order paid to the widow of the member a monthly pension
   1-63  allowance equal to one-half of the amount the member would have
   1-64  been entitled to receive, and in addition the board of trustees
   1-65  shall order paid to the widow or other person having care and
   1-66  custody of the child or children under the age of 18 years a
   1-67  monthly pension allowance, for the use and benefit of the child or
   1-68  children, equal to the amount provided for the widow.  If the
    2-1  member leaves no child under the age of 18 years surviving him or
    2-2  if at any time after the death of the member no child is entitled
    2-3  to allowance, then the monthly pension allowance to be paid the
    2-4  widow shall be equal to the full amount the member would have been
    2-5  entitled to receive.
    2-6              (2)(A)  If the member dies and if his widow dies after
    2-7  being entitled to her allowance, or in the event that there is no
    2-8  widow to receive an allowance, the amount of the monthly pension
    2-9  allowance to be paid, for the use and benefit of the child or
   2-10  children under the age of 18 years, to the person having the care
   2-11  and custody of the child or children shall be computed as
   2-12  follows:  an amount equal to the full amount that the member would
   2-13  have been entitled to receive shall be paid for the member's
   2-14  children under the age of 18 years, except that the total monthly
   2-15  pension allowance provided for children shall not exceed the amount
   2-16  which the member would have been entitled to receive.
   2-17                    (B)  If the member dies and if his widow dies
   2-18  after being entitled to her allowance, or in the event that there
   2-19  is no widow to receive an allowance, the amount of the monthly
   2-20  pension allowance shall be extended to a child or children on proof
   2-21  to the board of trustees that the child or children are unmarried,
   2-22  a full-time student and between the ages of 18 and 22; the monthly
   2-23  pension shall be extended only for the period of time the child
   2-24  remains a full-time student; the monthly pension allowance shall be
   2-25  paid directly to the child or children and shall be an amount equal
   2-26  to the full amount the member would have been entitled to receive,
   2-27  except that the total amount shall not exceed the amount to which
   2-28  the member would have been entitled under Subdivision (1) of this
   2-29  subsection.
   2-30              (3)  If the member dies and only if no widow or child
   2-31  is entitled to an allowance under the provisions of this section, a
   2-32  monthly pension allowance equal to one-half of the amount that the
   2-33  member would have been entitled to receive shall be paid to each
   2-34  parent of the deceased member on proof to the board of trustees
   2-35  that the parent was dependent on the member immediately prior to
   2-36  the death of the member, except that the total monthly pension
   2-37  allowance provided for the parents shall not exceed the full amount
   2-38  which the member would have been entitled to receive.
   2-39        SECTION 4.  (a)  The change in law made by this Act to a
   2-40  member's required contribution under Subsection (a), Section 10,
   2-41  Chapter 432, Acts of the 64th Legislature, 1975 (Article 6243e.2,
   2-42  Vernon's Texas Civil Statutes), applies only to required
   2-43  contributions that become due on or after September 1, 1993.  A
   2-44  member's required contribution that became due before that date is
   2-45  governed by the law in effect at the time the contribution became
   2-46  due, and that law is continued in effect for that purpose only.
   2-47        (b)  The change in law made by this Act in the eligibility
   2-48  for benefits under Subsection (a), Section 11, Chapter 432, Acts of
   2-49  the 64th Legislature, 1975 (Article 6243e.2, Vernon's Texas Civil
   2-50  Statutes), of the surviving spouse of a person retired under that
   2-51  Act applies only to benefits that become payable because of a
   2-52  retiree's death that occurs on or after the effective date of this
   2-53  Act.
   2-54        SECTION 5.  The importance of this legislation and the
   2-55  crowded condition of the calendars in both houses create an
   2-56  emergency and an imperative public necessity that the
   2-57  constitutional rule requiring bills to be read on three several
   2-58  days in each house be suspended, and this rule is hereby suspended,
   2-59  and that this Act take effect and be in force from and after its
   2-60  passage, and it is so enacted.
   2-61                               * * * * *
   2-62                                                         Austin,
   2-63  Texas
   2-64                                                         May 5, 1993
   2-65  Hon. Bob Bullock
   2-66  President of the Senate
   2-67  Sir:
   2-68  We, your Committee on Intergovernmental Relations to which was
   2-69  referred S.B. No. 523, have had the same under consideration, and I
   2-70  am instructed to report it back to the Senate with the
    3-1  recommendation that it do pass and be printed.
    3-2                                                         Armbrister,
    3-3  Chairman
    3-4                               * * * * *
    3-5                               WITNESSES
    3-6                                                  FOR   AGAINST  ON
    3-7  ___________________________________________________________________
    3-8  Name:  Rick Mumey                                x
    3-9  Representing:  Houston Professional Firefight
   3-10  City:  Houston
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