74R10729 GCH-D
By Bosse H.B. No. 1270
Substitute the following for H.B. No. 1270:
By Haggerty C.S.H.B. No. 1270
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to maximum contributions to and benefits from retirement
1-3 systems for police officers in certain municipalities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 6(b), Chapter 76, Acts of the 50th
1-6 Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
1-7 is amended to read as follows:
1-8 (b) The maximum contribution which may be made to the fund
1-9 by a member shall be limited to a contribution based on the salary
1-10 of the <second> highest rank the member has obtained by civil
1-11 service examination <classification> within the salary schedule of
1-12 the police department or, if the member is a police captain, to a
1-13 contribution based on the salary of the second highest
1-14 classification within that salary schedule. It is the intent of
1-15 this section to limit both the contribution and retirement benefits
1-16 of any member to the applicable salary level described by this
1-17 subsection <of the second highest rank of the police department
1-18 personnel classification schedule>, provided that if the member has
1-19 not held the same classified position for three (3) years
1-20 immediately preceding the date of retirement, the retirement
1-21 pension shall be based on the average monthly base salary of the
1-22 member for three (3) years immediately preceding the date of
1-23 retirement.
1-24 SECTION 2. Section 11(b), Chapter 76, Acts of the 50th
2-1 Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
2-2 is amended to read as follows:
2-3 (b) If a member of the Police Pension System other than a
2-4 police captain is promoted or appointed to any classified position
2-5 above a classified position obtainable by civil service examination
2-6 <the second highest> in the police department personnel
2-7 classification schedule, that member's contribution and retirement
2-8 benefits will be computed on the base salary of the <second>
2-9 highest rank the person has obtained by civil service examination
2-10 within the salary schedule of <classified position in> the police
2-11 department. If a police captain is promoted or appointed to any
2-12 classified position above the second highest in the police
2-13 department personnel classification schedule, that member's
2-14 contribution and retirement benefits will be computed on the base
2-15 salary of the second highest classified position in the police
2-16 department personnel classification schedule. If any <personnel
2-17 classification schedule, provided that if the> member has not held
2-18 the same classified position for three (3) years immediately
2-19 preceding the date of retirement, the retirement pension shall be
2-20 based on the average monthly base salary of the member for three
2-21 (3) years immediately preceding retirement. For the purposes of
2-22 this Act, the position of the Chief of Police shall be considered
2-23 the highest classified position in the personnel classification
2-24 schedule in the police department.
2-25 SECTION 3. Section 28(b), Article 6243g-3, Revised Statutes,
2-26 is amended to read as follows:
2-27 (b) For purposes of this article, the chief of police shall
3-1 be considered to hold the highest classified position in the
3-2 department. The maximum contribution which may be made to the fund
3-3 by a member shall be limited to a contribution based on the salary
3-4 of the highest rank the member has obtained by civil service
3-5 examination within the salary schedule of the police department or,
3-6 if the member is a police captain, to a contribution based on the
3-7 salary of the second highest classification within that salary
3-8 schedule. It is the intent of this section to limit both the
3-9 contributions and retirement benefits of any member to the
3-10 applicable salary level described by this subsection, except that
3-11 if a member has not held the same classified position for three
3-12 years immediately preceding the date of retirement, the retirement
3-13 pension shall be based on the average monthly base salary of the
3-14 member for three years immediately preceding the date of retirement
3-15 <compensation of the second highest classification within the
3-16 salary schedule of the police department. The maximum benefit
3-17 which may be paid from the fund to any person holding a position
3-18 above that of the second highest classified position shall be based
3-19 on the compensation paid the second highest classified position
3-20 within the department>.
3-21 SECTION 4. (a) This Act takes effect July 1, 1995, if this
3-22 Act receives the votes required by Section 39, Article III, Texas
3-23 Constitution, for that effective date. If this Act does not
3-24 receive the votes required by that section for an effective date
3-25 before the 91st day after the last day of the legislative session,
3-26 this Act takes effect September 1, 1995.
3-27 (b) The changes in law made by this Act apply only to
4-1 contributions that become due and retirements and deaths that occur
4-2 on or after the effective date of this Act.
4-3 SECTION 5. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended,
4-8 and that this Act take effect and be in force according to its
4-9 terms, and it is so enacted.