1-1  By:  Turner                                            S.B. No. 593
    1-2        (In the Senate - Filed March 3, 1993; March 4, 1993, read
    1-3  first time and referred to Committee on Intergovernmental
    1-4  Relations; March 24, 1993, reported favorably by the following
    1-5  vote:  Yeas 10, Nays 0; March 24, 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 participation and credit in, contributions to, and
   1-22  benefits and administration of the Texas Municipal Retirement
   1-23  System.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Subdivision (15), Section 851.001, Government
   1-26  Code, is amended to read as follows:
   1-27              (15)  "Amortization period" means, as to a particular
   1-28  municipality, the time ending with the later <latest> of:
   1-29                    (A)  the expiration of 25 years after the
   1-30  effective date of the municipality's participation in the
   1-31  retirement system<, after the effective date of the most recent
   1-32  annuity increases allowed by the municipality under Section
   1-33  854.203, or after the effective date of the most recent updated
   1-34  service credits allowed by the municipality under Section 853.401>;
   1-35  or
   1-36                    (B)  the expiration of 25 <20> years after the
   1-37  most recent actuarial valuation date for the municipality <date the
   1-38  municipality allowed any special prior service credits or
   1-39  antecedent service credits>.
   1-40        SECTION 2.  Section 852.006, Government Code, is amended to
   1-41  read as follows:
   1-42        (a)  Except as provided by this section, a municipality may
   1-43  not terminate participation in the retirement system <or in the
   1-44  supplemental disability benefits fund> if the municipality has
   1-45  employees who are members of the system <or who participate in the
   1-46  fund>, but the municipality may elect to discontinue the
   1-47  participation in the system <or the fund> of persons employed or
   1-48  reemployed after the date of an election to discontinue.
   1-49        SECTION 3.  Subchapter A, Chapter 852, Government Code, is
   1-50  amended by adding Section 852.007 to read as follows:
   1-51        Sec. 852.007.  MUNICIPALITY NOT AGENT OF SYSTEM.  Neither a
   1-52  municipality that participates in the retirement system nor any
   1-53  employee or officer of a participating municipality has authority
   1-54  to act as an agent of the retirement system.  An action of or
   1-55  inaction on the part of a participating municipality or its
   1-56  employee or officer is not binding on the retirement system.
   1-57        SECTION 4.  Section 852.103, Government Code, is amended to
   1-58  read as follows:
   1-59        Sec. 852.103.  WITHDRAWAL OF CONTRIBUTIONS.  (a)  A living
   1-60  person who is not an employee of a participating department and who
   1-61  has not retired may, after application, withdraw all of the
   1-62  accumulated contributions credited to the person's individual
   1-63  account in the employees saving fund, and the retirement system
   1-64  shall close the account.
   1-65        (b)  If a person to whom a withdrawal would be paid under
   1-66  this section elects to have all or a portion of the accumulated
   1-67  contributions paid directly to an eligible retirement plan and
   1-68  specifies the eligible retirement plan to which the contributions
    2-1  are to be paid, on forms approved for that purpose by the board of
    2-2  trustees, the retirement system shall make the payment in the form
    2-3  of a direct trustee-to-trustee transfer but is under no obligation
    2-4  to determine whether or not the other plan in fact is an eligible
    2-5  retirement plan for that purpose.
    2-6        SECTION 5.  Subsections (a) and (c), Section 853.305,
    2-7  Government Code, are amended to read as follows:
    2-8        (a)  The governing body of a participating municipality by
    2-9  ordinance may authorize the granting of restricted prior service
   2-10  credit to an employee who is a member of the retirement system for
   2-11  service previously performed as an employee of any incorporated
   2-12  city or town in the United States or of any council of governments
   2-13  in this state and for which the person has not otherwise received
   2-14  credited service in this system, including combined service credit
   2-15  under Chapter 803.
   2-16        (c)  A member seeking to establish restricted prior service
   2-17  credit under this section must obtain from the clerk or secretary
   2-18  of the city or town, or from the similar official of a council of
   2-19  governments, for which the previous service was performed a
   2-20  detailed statement of the service, verified by that official, and
   2-21  file the statement with the clerk or secretary of the participating
   2-22  municipality by which the member is employed.
   2-23        SECTION 6.  The section heading to Section 853.305,
   2-24  Government Code, is amended to read as follows:
   2-25        Sec. 853.305.  CREDIT FOR SERVICE WITH NONPARTICIPATING
   2-26  MUNICIPALITY OR WITH COUNCIL OF GOVERNMENTS.
   2-27        SECTION 7.  Subsections (a), (d), and (e), Section 853.401
   2-28  Government Code, are amended to read as follows:
   2-29        (a)  Except as provided by Subsection (b), the governing body
   2-30  of a participating municipality by ordinance may authorize the
   2-31  crediting in the retirement system of updated service credits for
   2-32  service performed for the municipality by members.  An updated
   2-33  service credit authorized under this section replaces any updated
   2-34  service credit or<,> prior service credit<, special prior service
   2-35  credit, or antecedent service credit> previously authorized for
   2-36  part of the same service.
   2-37        (d)  <An ordinance under this section also must require,
   2-38  beginning on the effective date of the updated service credits,
   2-39  that a member's monthly contributions for current service be based
   2-40  on the member's total monthly compensation from the municipality,
   2-41  if the requirement is not already in effect for employees of the
   2-42  municipality.>
   2-43        <(e)>  A governing body that adopts an ordinance under this
   2-44  section shall send it to the retirement system, and the system must
   2-45  receive it before the effective date of the updated service credits
   2-46  authorized in the ordinance.
   2-47        SECTION 8.  Subsection (d), Section 853.402, Government Code,
   2-48  is amended to read as follows:
   2-49        (d)  The updated service credit of a member is an amount
   2-50  equal to the greatest of the following:
   2-51              (1)  the percentage determined under Section
   2-52  853.401(c), times the member's base updated service credit; or
   2-53              (2)  any updated service credit previously authorized
   2-54  by the municipality and in effect for the member, accumulated at
   2-55  interest as provided by Subsection (f) from the date it took effect
   2-56  to the date prescribed by Subsection (e); or
   2-57              (3)  <the sum of any> prior service credit<, special
   2-58  prior service credit, and antecedent service credit> previously
   2-59  authorized by the municipality and in effect for the member,
   2-60  accumulated at interest as provided by Subsection (f) from the date
   2-61  the credit <dates the credits> took effect to the date prescribed
   2-62  by Subsection (e).
   2-63        SECTION 9.  Section 854.003, Government Code, is amended by
   2-64  amending Subsection (a) and adding Subsection (d) to read as
   2-65  follows:
   2-66        (a)  Except as provided by Subsections (b) and (d), the <The>
   2-67  effective date of a member's service retirement is the date the
   2-68  member designates at the time the member applies for retirement
   2-69  under Section 854.101, but the date must be the last day of a
   2-70  calendar month and may not precede the date the member terminates
    3-1  employment with all participating municipalities.
    3-2        (d)  If a person who has attained age 70-1/2 terminates
    3-3  covered employment without applying for retirement, the retirement
    3-4  system shall attempt to notify that person in writing and advise
    3-5  the person that the person is required to retire.  If, before the
    3-6  91st day after the date the retirement system sends the notice, the
    3-7  person has not filed an application with the board for retirement,
    3-8  the person is considered to have retired on the last day of the
    3-9  month in which the person terminated employment with all
   3-10  participating municipalities and:
   3-11              (1)  to have elected to receive an annuity under
   3-12  Section 854.103, if the person did not have a spouse on the date of
   3-13  employment termination; or
   3-14              (2)  if the person had a spouse on the date of
   3-15  employment termination, to have elected to receive an annuity under
   3-16  Section 854.104(c)(1) and to have designated the person's spouse as
   3-17  the beneficiary under the annuity.
   3-18        SECTION 10.  Section 854.006, Government Code, is amended by
   3-19  amending Subsection (c) and adding Subsections (d) and (e) to read
   3-20  as follows:
   3-21        (c)  Any selection and designation of beneficiary under
   3-22  Subsection (a) or (b) <this section> must be in writing, on forms
   3-23  prescribed by the board of trustees, and will become effective on
   3-24  filing with the director.
   3-25        (d)  If a qualified domestic relations order, as that term is
   3-26  defined by Section 804.001, so provides, the benefit payable to a
   3-27  retiree who is receiving payments of an annuity for the retiree's
   3-28  life with payments to continue after the retiree's death until the
   3-29  death of another person under Option 1, 2, or 5A, as defined by
   3-30  Section 123.3, Title 34, Texas Administrative Code, may be divided
   3-31  by the retirement system into two annuities if:
   3-32              (1)  the person who was designated to receive the
   3-33  continued payment after the retiree's death is the same person as
   3-34  the alternate payee;
   3-35              (2)  the domestic relations order specifies that one of
   3-36  the two annuities is payable over the remaining life of the
   3-37  retiree, with no payments to be made under that annuity after the
   3-38  death of the retiree;
   3-39              (3)  the domestic relations order specifies that the
   3-40  annuity payable to the alternate payee is payable over the
   3-41  remaining life of that person, with no payments to be made under
   3-42  that annuity after the death of the alternate payee named in the
   3-43  order; and
   3-44              (4)  the domestic relations order specifies that the
   3-45  portion of the benefit payable to the alternate payee is stated as
   3-46  a fixed percentage of the present benefit payable to the retiree,
   3-47  which percentage may not exceed 50 percent of an Option 2 benefit
   3-48  and may not exceed 66-2/3 percent of an Option 5A benefit.
   3-49        (e)  The division of an annuity under Subsection (d) is
   3-50  effective when the order is determined by the retirement system to
   3-51  be a qualified domestic relations order, and the amount of each of
   3-52  the two annuities shall be computed by the retirement system at
   3-53  that time, based on tables that have been adopted by the retirement
   3-54  system and in effect at that time, so that the two annuities are
   3-55  actuarially equivalent at the time of division to the annuity being
   3-56  divided.
   3-57        SECTION 11.  The section heading to Section 854.006,
   3-58  Government Code, is amended to read as follows:
   3-59        Sec. 854.006.  CHANGE OF BENEFICIARY OR DIVISION OF BENEFIT
   3-60  FOR CERTAIN PERSONS RECEIVING MONTHLY BENEFITS <OF GUARANTEED-TERM
   3-61  ANNUITY>.
   3-62        SECTION 12.  Subchapter A, Chapter 854, Government Code, is
   3-63  amended by adding Section 854.007 to read as follows:
   3-64        Sec. 854.007.  LIMITATION ON PAYMENT OF BENEFITS.  (a)  In
   3-65  this section:
   3-66              (1)  "Annual benefit" means the total of all annuity
   3-67  payments by the retirement system to an annuitant during a calendar
   3-68  year, including any distributive benefit payments.
   3-69              (2)  "Compensation" has the meaning assigned by Section
   3-70  415, Internal Revenue Code, and the regulations adopted under that
    4-1  section, instead of the meaning assigned by Section 851.001.
    4-2              (3)  "Highest average annual compensation" means the
    4-3  average compensation for the three consecutive calendar years of
    4-4  service that produces the highest average.
    4-5              (4)  "Internal Revenue Code" means the Internal Revenue
    4-6  Code of 1986 (Title 26, United States Code).
    4-7        (b)  If the amount of any benefit payment under this subtitle
    4-8  would exceed the limitations provided by this section, the
    4-9  retirement system shall reduce the amount of the benefit in
   4-10  accordance with this section.
   4-11        (c)  Except as otherwise provided by this section, a benefit
   4-12  is adjusted to an actuarially equivalent straight life annuity for
   4-13  the purpose of determining limitations under this section.  An
   4-14  actuarial adjustment to a benefit is not required for the value of
   4-15  a qualified joint and survivor annuity and the value of
   4-16  postretirement cost-of-living increases made in accordance with
   4-17  Section 415, Internal Revenue Code.
   4-18        (d)  Except as provided by Subsections (f), (h), and (i), an
   4-19  annual benefit payable by the retirement system may not exceed the
   4-20  lesser of:
   4-21              (1)  $115,641, or another amount as adjusted each
   4-22  January 1 by the secretary of the treasury under Section 415 of the
   4-23  Internal Revenue Code for cost-of-living increases after January 1,
   4-24  1993; or
   4-25              (2)  100 percent of the former member's highest average
   4-26  annual compensation.
   4-27        (e)  If payment of a benefit begins before a member attains
   4-28  age 62, the dollar limitation is the actuarial equivalent of an
   4-29  annual benefit beginning at age 62 as described by Subsection
   4-30  (d)(1) for a person at age 62.  A reduction under this subsection
   4-31  may not reduce the dollar limitation below $75,000 if the benefit
   4-32  begins at or after age 55 or, if the benefit begins before age 55,
   4-33  the actuarial equivalent of a $75,000 limitation beginning at age
   4-34  55.
   4-35        (f)  If payment of a benefit begins after the member attains
   4-36  age 65, the dollar limitation is the actuarial equivalent of an
   4-37  annual benefit beginning at age 65 as described by Subsection
   4-38  (d)(1).
   4-39        (g)  To determine actuarial equivalence, the interest rate
   4-40  assumption under Subsection (c) or (e) is the greater of the rate
   4-41  specified by Section 855.316(a) or five percent, and the interest
   4-42  rate assumption under Subsection (f) is the lesser of those rates.
   4-43        (h)  The limitations provided by Subsections (d), (e), and
   4-44  (f) do not apply to any portion of an annual benefit payable by the
   4-45  retirement system that is paid from the balance in the member's
   4-46  individual account in the employees saving fund as of December 31,
   4-47  1983, or from interest credited to the member's account after
   4-48  December 31, 1983, as a result of deposits before that date.
   4-49        (i)  This section may not be applied to reduce the annual
   4-50  benefit payable to any person who retired under the retirement
   4-51  system before January 1, 1994, or to reduce the vested accrued
   4-52  benefit as of December 31, 1993, of any person who was a member of
   4-53  the retirement system on that date.
   4-54        (j)  If the Internal Revenue Code is amended in such a manner
   4-55  that limitations similar to those provided by this section are not
   4-56  required of governmental retirement plans to constitute qualified
   4-57  plans, the board of trustees may by rule eliminate all or any
   4-58  portion of the limitations provided by this section.
   4-59        (k)  An employer may not provide employee retirement or
   4-60  deferred benefits to the extent that, when considered together with
   4-61  the benefits authorized by this subtitle as required by the
   4-62  Internal Revenue Code, would result in the failure of the
   4-63  retirement system's plan to meet federal qualification standards as
   4-64  applied to governmental retirement plans.
   4-65        SECTION 13.  Section 854.104, Government Code, is amended by
   4-66  adding Subsection (f) to read as follows:
   4-67        (f)  Notwithstanding any other provision of this subtitle,
   4-68  each distribution to any person or estate under this subtitle must
   4-69  be made in accordance with Section 401(a)(9) of the Internal
   4-70  Revenue Code of 1986 (26 U.S.C. Section 401(a)(9)).
    5-1        SECTION 14.  Subsection (b), Section 854.408, Government
    5-2  Code, is amended to read as follows:
    5-3        (b)  During any month in which a retiree who is less than 60
    5-4  years old receives earned income subject to taxation under the
    5-5  Federal Insurance Contributions Act  or that would be subject to
    5-6  those taxes if the employer were not an exempt organization, the
    5-7  standard occupational disability retirement annuity may not exceed
    5-8  the greater of the following amounts:
    5-9              (1)  the amount that is required to be added to the
   5-10  retiree's earned income for the month to equal the highest average
   5-11  compensation on which the retiree made membership contributions to
   5-12  the retirement system during any <the> 12 consecutive months during
   5-13  the three calendar years immediately preceding the year in which
   5-14  the retiree retired for disability <disability retirement>; or
   5-15              (2)  the monthly annuity attributable to the retiree's
   5-16  accumulated contributions at the time of the person's retirement.
   5-17        SECTION 15.  Section 854.604, Government Code, is amended to
   5-18  read as follows:
   5-19        Sec. 854.604.  Retiree Supplemental Death Benefit.  If a
   5-20  retiree dies whose most recent employment as a member of the
   5-21  retirement system was with a municipality that has elected to
   5-22  provide, and continues to provide, postretirement supplemental
   5-23  death benefits, a lump-sum supplemental death benefit is payable
   5-24  from the fund in the amount of $5,000 <$2,500>.
   5-25        SECTION 16.  Section 855.008, Government Code, is amended to
   5-26  read as follows:
   5-27        Sec. 855.008.  Compensation; Expenses.  Each trustee serves
   5-28  without compensation but is entitled to:
   5-29              (1)  reimbursement for reasonable traveling expenses
   5-30  incurred in attending board meetings and authorized committee and
   5-31  association meetings or incurred in the performance of other
   5-32  official board duties; and
   5-33              (2)  payment of an amount equal to any compensation
   5-34  withheld by the trustee's employing municipality because of the
   5-35  trustee's attendance at board meetings.
   5-36        SECTION 17.  Section 855.109, Government Code, is amended to
   5-37  read as follows:
   5-38        Sec. 855.109.  Depositories.  The board of trustees shall
   5-39  designate financial institutions to qualify and serve the
   5-40  retirement system as depositories <in accordance with Subchapter C
   5-41  of Chapter 404>.
   5-42        SECTION 18.  Section 855.407, Government Code, is amended by
   5-43  amending Subsections (c) and (e) and adding Subsection (f) to read
   5-44  as follows:
   5-45        (c)  A reduction in the member contribution rate for
   5-46  employees of a participating municipality or in the municipality's
   5-47  matching rate does not reduce the maximum rate of contribution of
   5-48  the municipality.
   5-49        (e)  If the combined rates of a municipality's normal
   5-50  contributions and prior service contributions exceed the rate
   5-51  prescribed by Subsection (a), the rate for prior service
   5-52  contributions shall be reduced to the rate that equals the
   5-53  difference between the maximum rate prescribed by Subsection (a)
   5-54  and under Section 855.501, if applicable, and the normal
   5-55  contribution rate for the municipality.
   5-56        (f)  The governing body of a municipality that is determined
   5-57  by the actuary to be unable to finance all obligations charged
   5-58  against its account in the municipality accumulation fund within 25
   5-59  years after its most recent actuarial valuation date may elect to
   5-60  have the municipality contribute to its account in the municipality
   5-61  accumulation fund at a rate that does not exceed in any year the
   5-62  sum of two percent and the maximum contribution rate specified by
   5-63  Subsection (a) and by Section 855.501, if applicable, and that the
   5-64  actuary annually may determine as necessary to finance the existing
   5-65  levels of benefits before the expiration of 25 years after the most
   5-66  recent actuarial valuation date.
   5-67        SECTION 19.  This Act takes effect January 1, 1994.
   5-68        SECTION 20.  The importance of this legislation and the
   5-69  crowded condition of the calendars in both houses create an
   5-70  emergency and an imperative public necessity that the
    6-1  constitutional rule requiring bills to be read on three several
    6-2  days in each house be suspended, and this rule is hereby suspended.
    6-3                               * * * * *
    6-4                                                         Austin,
    6-5  Texas
    6-6                                                         March 24, 1993
    6-7  Hon. Bob Bullock
    6-8  President of the Senate
    6-9  Sir:
   6-10  We, your Committee on Intergovernmental Relations to which was
   6-11  referred S.B. No. 593, have had the same under consideration, and I
   6-12  am instructed to report it back to the Senate with the
   6-13  recommendation that it do pass and be printed.
   6-14                                                         Armbrister,
   6-15  Chairman
   6-16                               * * * * *
   6-17                               WITNESSES
   6-18                                                  FOR   AGAINST  ON
   6-19  ___________________________________________________________________
   6-20  Name:  Terrence Kendall                                        x
   6-21  Representing:  Tx Municipal Retirement
   6-22      System
   6-23  City:  Austin
   6-24  -------------------------------------------------------------------
   6-25  Name:  Gary Anderson                                           x
   6-26  Representing:  Tx Municipal Retirement
   6-27      System
   6-28  City:  Austin
   6-29  -------------------------------------------------------------------
   6-30  Name:  Ronald E. Cox                                           x
   6-31  Representing:  Tx Municipal Retirement
   6-32      System
   6-33  City:  Friendwood
   6-34  -------------------------------------------------------------------