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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