1-1  By:  Yarbrough (Senate Sponsor - Whitmire)            H.B. No. 1503
    1-2        (In the Senate - Received from the House April 21, 1995;
    1-3  April 24, 1995, read first time and referred to Committee on
    1-4  Intergovernmental Relations; April 27, 1995, reported favorably by
    1-5  the following vote:  Yeas 10, Nays 0; April 27, 1995, sent to
    1-6  printer.)
    1-7                         A BILL TO BE ENTITLED
    1-8                                AN ACT
    1-9  relating to participation in, administration of, and benefits from
   1-10  certain municipal retirement systems.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12        SECTION 1.  Chapter 358, Acts of the 48th Legislature,
   1-13  Regular Session, 1943 (Article 6243g, Vernon's Texas Civil
   1-14  Statutes), is amended by adding Sections 3A and 3B to read as
   1-15  follows:
   1-16        Sec. 3A.    (a)  A person who, on or after a date determined
   1-17  by the Pension Board, becomes a member of, or resumes membership
   1-18  in, the Pension System as an employee or elected official of a city
   1-19  to which this Act applies shall elect:
   1-20              (1)  by submission of a signed and notarized form, to
   1-21  become a Group A member and contribute a portion of the person's
   1-22  salary to the Pension Fund as required by this Act; or
   1-23              (2)  to become a Group B member and make no
   1-24  contributions to the Pension Fund.
   1-25        (b)  The date determined for the beginning of elections under
   1-26  this section may not be before January 1, 1996.
   1-27        Sec. 3B.   (a)  Each member of the Pension System as an
   1-28  employee or elected official of a city to which this Act applies
   1-29  shall make a one-time, irrevocable election on a date determined by
   1-30  the Pension Board:
   1-31              (1)  to retain membership in the group of which the
   1-32  employee or official is currently a member;
   1-33              (2)  to change membership from Group A to Group B and
   1-34  receive a refund of contributions, without interest, made by the
   1-35  person to Group A; or
   1-36              (3)  to change membership from Group B to Group A and
   1-37  comply with the requirements of Subsection (b) of this section.
   1-38        (b)  A person who makes the election provided by Subsection
   1-39  (a)(3) of this section must pay into the Pension Fund all
   1-40  contributions that would have been deducted as member contributions
   1-41  to Group A during the period that the person was a Group B member,
   1-42  as computed under Section 5(j) of this Act, including required
   1-43  interest.  Payments of these amounts must be completed within the
   1-44  earliest of the date of the member's termination of employment or
   1-45  term in office, the date of the member's retirement or death, or
   1-46  the fifth anniversary of the date of the member's election under
   1-47  this section to become a Group A member.  If the payments  are not
   1-48  completed within this period, the member or the member's estate may
   1-49  either make an immediate payment of the balance due or receive a
   1-50  refund, without interest, of the member's contributions to Group A.
   1-51  If a refund is paid under this subsection, the member is considered
   1-52  to have been a Group B member during the period since the member's
   1-53  election and, if applicable, resumes membership in Group B.
   1-54        (c)  The Pension Board shall prepare and distribute a
   1-55  brochure explaining the election provided by this section.  The
   1-56  brochure must fully describe the benefit alternatives under both
   1-57  Group A and Group B membership and be designed to provide
   1-58  sufficient information for making the election.  The Board shall
   1-59  designate one or more persons to be available to provide additional
   1-60  information about the election.
   1-61        (d)  An election under this section must be on a form
   1-62  approved by the Pension Board and must be notarized on execution.
   1-63  The form must include a statement that the member has read and
   1-64  understood the information provided by the Board and understands
   1-65  the consequences of the election.
   1-66        (e)  The date determined for the election under this section
   1-67  may not be before January 1, 1996.
   1-68        SECTION 2.  Sections 5(a) and (h), Chapter 358, Acts of the
    2-1  48th Legislature, Regular Session, 1943 (Article 6243g, Vernon's
    2-2  Texas Civil Statutes), are amended to read as follows:
    2-3        (a)  There is hereby created a Pension Board of the Pension
    2-4  System to receive, handle, control, manage, and disburse the
    2-5  Pension Fund for the respective city and<,> in which Board there is
    2-6  hereby vested the general administration, management and
    2-7  responsibility for the proper and effective operation of the
    2-8  Pension System.  The Board shall be organized immediately after its
    2-9  members have qualified and taken the oath of office and shall serve
   2-10  without compensation.
   2-11        (h)  The Pension Board shall:
   2-12              (1)  adopt for the administration of the Pension Fund
   2-13  written rules and guidelines not inconsistent with this Act;
   2-14              (2)  correct any defect, supply any omission, and
   2-15  reconcile any inconsistency that may appear in this Act in a manner
   2-16  and to the extent that the Board considers expedient for the
   2-17  administration of this Act for the greatest benefit of all members;
   2-18  and
   2-19              (3)  establish and maintain all records necessary or
   2-20  appropriate for the proper administration of the Pension Fund.  <No
   2-21  moneys shall be paid out of the Pension Fund except by warrant,
   2-22  check or draft signed by the Treasurer and countersigned by the
   2-23  Secretary, upon an order by said Pension Board duly entered in the
   2-24  minutes.  Facsimile signatures may be authorized by the Board.
   2-25  Provided, however, the Board may by contract with any bank which is
   2-26  a depository for such Pension Fund authorize the bank to make
   2-27  deductions from the Pension Fund's account with such bank in
   2-28  connection with the purchase by the Board of authorized
   2-29  investments.>
   2-30        SECTION 3.  Section 6, Chapter 358, Acts of the 48th
   2-31  Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas
   2-32  Civil Statutes), is amended to read as follows:
   2-33        Sec. 6.   The City Treasurer of any such city, or the person
   2-34  discharging the duties of the City Treasurer, is hereby designated
   2-35  as the Treasurer of said Pension Fund for said city and his
   2-36  official bond to said city shall operate to cover his position of
   2-37  Treasurer of said Pension Fund and his sureties shall be liable in
   2-38  connection with the Treasurer's actions pertaining to such Fund as
   2-39  fully as they are liable under the terms of said bond for the other
   2-40  actions and conduct of said Treasurer.  <All moneys of every kind
   2-41  and character collected or to be collected for said Fund shall be
   2-42  paid over to said Treasurer and shall be administered and paid out
   2-43  only in accordance with the provisions of this Act.>
   2-44        SECTION 4.  Section 23(b), Chapter 358, Acts of the 48th
   2-45  Legislature, Regular Session, 1943 (Article 6243g, Vernon's Texas
   2-46  Civil Statutes), is amended to read as follows:
   2-47        (b)  A Group B member shall become eligible to receive a
   2-48  normal <an early> pension if the member:
   2-49              (1)  has attained age fifty (50) and completed
   2-50  twenty-five (25) or more years of credited service;
   2-51              (2)  has attained age fifty-five (55) and completed
   2-52  twenty (20) or more years of credited service; or
   2-53              (3)  has attained age sixty (60) and completed ten (10)
   2-54  or more years of credited service  <after he has terminated
   2-55  employment, beginning with the month when he has twenty (20) years
   2-56  of credited service and has attained age fifty-five (55)>.
   2-57        SECTION 5.  Chapter 358, Acts of the 48th Legislature,
   2-58  Regular Session, 1943 (Article 6243g, Vernon's Texas Civil
   2-59  Statutes), is amended by adding Section 31A to read as follows:
   2-60        Sec. 31A.   (a)  The Pension Board may pay a member or other
   2-61  beneficiary, in lieu of any other benefit payable under this Act
   2-62  and notwithstanding anything in this Act to the contrary, in a lump
   2-63  sum the present value as a lump sum of any benefit payable to a
   2-64  Group A or Group B member that is less than $10,000.  If the lump
   2-65  sum present value of the benefit is at least $3,500 but less than
   2-66  $10,000, the Board may make a lump sum payment only on written
   2-67  request by the member or other beneficiary.  The Board shall make
   2-68  any payments under this subsection as soon as practicable after a
   2-69  member's termination of employment, death, divorce, or election to
   2-70  receive a previously deferred pension.
    3-1        (b)  The Pension Board shall adopt actuarial assumptions,
    3-2  including an interest rate, to be used in determining lump sum
    3-3  present values and amounts distributable.
    3-4        (c)  If the Pension Board determines that available resources
    3-5  in the Pension Fund are inadequate to make lump sum payments,
    3-6  payments under this section will be paid monthly in amounts the
    3-7  Board determines.
    3-8        (d)  Payments under this section may not be made for a
    3-9  benefit that was being paid before September 1, 1995.
   3-10        SECTION 6.  Sections 23(d) and 24(b), Chapter 358, Acts of
   3-11  the  48th Legislature, Regular Session, 1943 (Article 6243g,
   3-12  Vernon's Texas Civil Statutes), are repealed.
   3-13        SECTION 7.  This Act takes effect September 1, 1995.
   3-14        SECTION 8.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended.
   3-19                               * * * * *