By Bosse H.B. No. 1270
74R4321 GCH-D
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. It is the intent of this section to limit
1-13 both the contribution and retirement benefits of any member to the
1-14 salary level of the <second> highest rank the member obtains by
1-15 civil service examination <of the police department personnel
1-16 classification schedule>, provided that if the member has not held
1-17 the same classified position for three (3) years immediately
1-18 preceding the date of retirement, the retirement pension shall be
1-19 based on the average monthly base salary of the member for three
1-20 (3) years immediately preceding the date of retirement.
1-21 SECTION 2. Section 11(b), Chapter 76, Acts of the 50th
1-22 Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),
1-23 is amended to read as follows:
1-24 (b) If a member of the Police Pension System is promoted or
2-1 appointed to any classified position above a classified position
2-2 obtainable by civil service examination <the second highest> in the
2-3 police department personnel classification schedule, that member's
2-4 contribution and retirement benefits will be computed on the base
2-5 salary of the <second> highest rank the person has obtained by
2-6 civil service examination within the salary schedule of <classified
2-7 position in> the police department <personnel classification
2-8 schedule>, provided that if the member has not held the same
2-9 classified position for three (3) years immediately preceding the
2-10 date of retirement, the retirement pension shall be based on the
2-11 average monthly base salary of the member for three (3) years
2-12 immediately preceding retirement. <For the purposes of this Act,
2-13 the position of the Chief of Police shall be considered the highest
2-14 classified position in the personnel classification schedule in the
2-15 police department.>
2-16 SECTION 3. Section 28(b), Article 6243g-3, Revised Statutes,
2-17 is amended to read as follows:
2-18 (b) <For purposes of this article, the chief of police shall
2-19 be considered to hold the highest classified position in the
2-20 department.> The maximum contribution which may be made to the
2-21 fund by a member shall be limited to a contribution based on the
2-22 salary of the highest rank the member has obtained by civil service
2-23 examination within the salary schedule of the police department.
2-24 It is the intent of this section to limit both the contributions
2-25 and retirement benefits of any member to the salary level of the
2-26 highest rank the member obtains by civil service examination,
2-27 except that if the member has not held the same classified position
3-1 for three years immediately preceding the date of retirement, the
3-2 retirement pension shall be based on the average monthly base
3-3 salary of the member for three years immediately preceding the date
3-4 of retirement <compensation of the second highest classification
3-5 within the salary schedule of the police department. The maximum
3-6 benefit which may be paid from the fund to any person holding a
3-7 position above that of the second highest classified position shall
3-8 be based on the compensation paid the second highest classified
3-9 position within the department>.
3-10 SECTION 4. (a) This Act takes effect July 1, 1995, if this
3-11 Act receives the votes required by Section 39, Article III, Texas
3-12 Constitution, for that effective date. If this Act does not
3-13 receive the votes required by that section for an effective date
3-14 before the 91st day after the last day of the legislative session,
3-15 this Act takes effect September 1, 1995.
3-16 (b) The changes in law made by this Act apply only to
3-17 contributions that become due and retirements and deaths that occur
3-18 on or after the effective date of this Act.
3-19 SECTION 5. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force according to its
3-25 terms, and it is so enacted.