By Greenberg                                          H.B. No. 2943
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to public retirement systems for employees of certain
    1-3  municipalities:
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        Section 1.  Chapter 451, Acts of the 72 Legislature, Regular
    1-6  Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes), is
    1-7  amended to read as follows:
    1-8        Sec. 1.  Scope.  A retirement system is established by this
    1-9  Act for employees of each municipality having a population of more
   1-10  than 460,000 and less than 500,000, according to the most recent
   1-11  federal census<.>; provided, however, that once such pension system
   1-12  becomes operative in any city, any right or privilege accruing to
   1-13  any member thereunder shall be a vested right according to the
   1-14  terms of this Act and the same shall not be denied or abridged
   1-15  thereafter through any change in population of any such city taking
   1-16  such city out of the population bracket as herein prescribed, and
   1-17  said pension system shall continue to operate and function
   1-18  regardless of whether or not any future population exceeds or falls
   1-19  below said population bracket.
   1-20        Sec. 2.  Definitions.  The following words and phrases have
   1-21  the meanings assigned by this section unless a different meaning is
   1-22  plainly required by the context:
   1-23              (1)  "Accumulated deposits" means the amount standing
    2-1  to the credit of a member derived from the deposits required to be
    2-2  made by the member to the retirement system improved annually by
    2-3  interest credited at a rate determined by the <board which is>
    2-4  retirement board from time to time upon the advice of the
    2-5  retirement board's actuary and credited as of December 31 to
    2-6  amounts standing to the credit of the member on January 1 of the
    2-7  same calendar year.
    2-8              (2)  "Actual retirement date" means the last day of the
    2-9  month during which a member retires.
   2-10              (3)  "Actuarial equivalent" means any benefit of equal
   2-11  present value when computed on the basis of actuarial tables
   2-12  adopted by the <board in the proper administration of the
   2-13  retirement system.> retirement board from time to time upon the
   2-14  advice of the retirement board's actuary.  The actuarial tables
   2-15  adopted for this purpose shall be clearly identified by resolution
   2-16  adopted by the retirement board.
   2-17              (4)  "Actuary" means the technical advisor of the
   2-18  retirement board regarding the operations which are based on
   2-19  mortality, service, and compensation experience.
   2-20              (5)  "Agency of the Municipality" means any agency or
   2-21  instrumentality of the city, or governmental or publicly owned
   2-22  legal entity created by the municipality, subsequent to the
   2-23  effective date of this Act, to perform or provide a public service
   2-24  or function and which entity is not a hospital authority and
   2-25  employs one or more employees to provide services and/or accomplish
    3-1  its public purpose.
    3-2              (6)  "Approved medical leave of absence" means any
    3-3  absence authorized in writing by the member's employer for the
    3-4  purpose of enabling the member to obtain medical care or treatment
    3-5  or to recover from any sickness or injury.
    3-6              (7) <(5)>  "Authorized leave of absence" means military
    3-7  leave of absence, including a period of not more than <the 90th
    3-8  day> 90 days after the date of release from active military duty,
    3-9  or any other leave of absence during which a member is otherwise
   3-10  authorized by law to continue making contributions to the system.
   3-11  The term does not include an approved medical leave of absence.
   3-12              (8) <(6)>  "Average final compensation" means the
   3-13  average monthly compensation, <pay, or salary, exclusive of>as
   3-14  defined and limited by section 2 (12) of this act, less overtime,
   3-15  incentive, and terminal pay,<that is $16,666 or less and> plus, (i)
   3-16  amounts picked up by the employer pursuant to Section 10(e) of this
   3-17  Act, (ii) amounts not otherwise included in the member's taxable
   3-18  income by reason of either an election under a "cafeteria"plan as
   3-19  described in Code Section 125 or deferrals under a plan of deferred
   3-20  compensation within the scope of Code Section 457, to the extent
   3-21  not in excess of $12,500 for persons who first become members after
   3-22  1995 that is earned by a member during, as applicable:
   3-23                    (A)  if the member has 120 months or more of
   3-24  membership service, the 36 months of membership service which
   3-25  yielded the highest average during the last 120 months of
    4-1  membership service;
    4-2                    (B)  if the member has less than 120 months of
    4-3  membership service, but has at least 36 months of membership
    4-4  service, then the average during the 36 months which yield the
    4-5  highest average; or
    4-6                    (C)  if the member does not have 36 months of
    4-7  membership service, then the average during the member's months of
    4-8  membership service.
    4-9              (9) <(7)>  "Beneficiary" means <any person, trust, or
   4-10  estate properly designated by a member to receive benefits from the
   4-11  system> the member's designated beneficiary.  If there is no
   4-12  effective beneficiary designation on the date of the member's
   4-13  death, or if the designated beneficiary predeceases the member<,
   4-14  the member's beneficiary is> (or dies on or as a result of the same
   4-15  event that caused the member's death and does not survive the
   4-16  member by 48 hours), the member's spouse or, if the member does not
   4-17  have a spouse, the member's estate shall be the beneficiary.
   4-18              (10)  "Board" means the boards of directors of an
   4-19  employer that is not a municipality as described in Section 1.
   4-20              (11)  "Code" means the United States Internal Revenue
   4-21  Code of 1986 (26 U.S.C. Section 1 et seq.) and its successors.
   4-22              (12)  "Compensation" means, with respect to any member,
   4-23  such member's wages, within the meaning of Section 3401(a) of the
   4-24  Code (for purposes of income tax withholding at the source) but
   4-25  determined without regard to any rules that limit the remuneration
    5-1  included in wages based on the nature or location of the employment
    5-2  or the services performed (such as the exception for agricultural
    5-3  labor in Section 3401(a)(2) of the Code).  Compensation in excess
    5-4  of $12,500 per month for any employee who first becomes a member in
    5-5  a year commencing after 1995 shall be disregarded.  The $12,500
    5-6  limitation shall be adjusted for cost of living increases as
    5-7  provided under Section 401(a)(17) of the Code.  In applying the
    5-8  limitations, the family group of a highly compensated employee who
    5-9  is one of the ten employees of the employer paid the highest
   5-10  compensation during the year, shall be treated as a  single
   5-11  employee, except that, for this purpose, family members shall
   5-12  include only the affected highly compensated employee's spouse and
   5-13  lineal descendants who have not attained age nineteen (19) before
   5-14  the close of the year.  If, as a result of the application of such
   5-15  rules, the adjusted $12,500 limitation is exceeded, the limitation
   5-16  shall be prorated among the affected family members' compensation
   5-17  prior to the application of the limitation or the limitation shall
   5-18  be adjusted in accordance with any other method permitted by
   5-19  Internal Revenue Service guidelines.
   5-20              (13)  "Consumer price index" means the Consumer Price
   5-21  Index for Urban Wage Earners and Clerical Workers (United States
   5-22  City average-all items) published monthly by the Bureau of Labor
   5-23  Statistics, United States Department of Labor or its successor in
   5-24  function.
   5-25              (14) <(8)>  "Creditable service" means the total of
    6-1  prior service and membership service.
    6-2              (15) <(9)>  "Current service annuity" means a series of
    6-3  equal monthly payments payable for the member's life after
    6-4  retirement for membership service from funds of the retirement
    6-5  system equal to one-twelfth of the product of <2.2> 2.3 percent of
    6-6  a member's average final compensation multiplied by the number of
    6-7  months of membership service.  However, if payments commence before
    6-8  the member's normal retirement date, the amount of the monthly
    6-9  payments to which the member would otherwise be entitled shall be
   6-10  reduced as provided by Section 7(e) of this Act.
   6-11              (16)<(10)>  "Deposits" means the amounts required to be
   6-12  paid by members in accordance with the provisions of this Act.
   6-13              (17)  "Designated beneficiary" means any person, trust,
   6-14  or estate properly designated in writing by a member to receive
   6-15  benefits from the system in the event of the member's death.  If
   6-16  the member is married an individual other than the member's spouse
   6-17  may be the designated beneficiary only if the spouse consents to
   6-18  such designation in the form and manner prescribed by the
   6-19  retirement board.
   6-20              (18)<(11)>  "Disability retirement" means the
   6-21  termination of employment of a member because of disability with a
   6-22  disability retirement allowance as provided in Section 8 of this
   6-23  Act.
   6-24              (19)  "Employer" means the city or municipality
   6-25  described in Section 1 of this Act, a hospital authority as defined
    7-1  in Section 2(24) of this Act or the retirement board defined in
    7-2  Section 2(42) of this Act, or an agency of the municipality as
    7-3  defined in Section 2(5) of this Act.
    7-4              (20)<(12)>  "Fund" means the trust fund containing the
    7-5  aggregate of the assets of Fund No. 1 and Fund No. 2.
    7-6              (21)<(13)>  "Fund No. 1" means the fund in which shall
    7-7  be kept all accumulated deposits of members who have not withdrawn
    7-8  from the system.
    7-9              (22)<(14)>  "Fund No. 2" means the fund in which shall
   7-10  be kept all money contributed by the city on behalf of city
   7-11  employees, all money contributed by a hospital authority on behalf
   7-12  of hospital authority employees, and all money contributed by the
   7-13  retirement board on behalf of retirement board employees, interest
   7-14  earned thereon, and all accumulations and earnings of the system.
   7-15              (23)  "Governing Body" means the City Council of the
   7-16  municipality described in Section 1, and its successors as
   7-17  constituted from time to time.
   7-18              (24)<(15)>  "Hospital authority" means a municipal
   7-19  hospital authority created after September 1, 1992, under Chapter
   7-20  262, Health and Safety Code, and its subsequent amendments, by a
   7-21  city governed by this Act.
   7-22              (25)<(16)>  "Investment consultant" means the person or
   7-23  entity that monitors the investment performance of the system and
   7-24  provides such other services as requested by the retirement board.
   7-25              (26)<(17)>  "Investment manager" means the <person>
    8-1  persons or <entity> entities that <has> have the power to manage,
    8-2  acquire, or dispose of assets of Fund No. 1 or Fund No. 2 on behalf
    8-3  of the retirement system and < acknowledges> that acknowledge
    8-4  fiduciary responsibility to the system in writing.  <The> An
    8-5  investment manager must be a person, firm, or corporation
    8-6  registered as an investment adviser under the Investment Advisers
    8-7  Act of 1940, a bank, or an insurance company qualified to manage,
    8-8  acquire or dispose of assets under the laws of more than one state
    8-9  including the State of Texas and must otherwise meet the
   8-10  requirements of Section 802.204, Government Code, and its
   8-11  subsequent amendments.
   8-12              (27)<(18)>  "Life annuity" means a series of equal
   8-13  monthly payments, payable after retirement for a member's life,
   8-14  consisting of a combination of prior service pension and current
   8-15  service annuity to which the member is entitled.
   8-16              (28)<(19)>  "Life annuity (modified cash refund)" means
   8-17  a life annuity providing that, in the event of death of the retired
   8-18  member before that member has received payments under the life
   8-19  annuity <totalling> totaling the amount of that member's
   8-20  accumulated deposits at the date of retirement, the excess of such
   8-21  accumulated deposits over the payments made shall be paid in one
   8-22  lump sum to the member's designated beneficiary.
   8-23              (29)  "Malfeasance" means (A) willful misconduct or (B)
   8-24  the knowingly improper performance of any act, duty or
   8-25  responsibility under this Act, including non-performance; which
    9-1  interrupts or interferes with the administration, operation and
    9-2  management of the retirement system or any person's duties under
    9-3  this Act.
    9-4              (30)<(20)>  "Member" means any:
    9-5                    (A)  regular full <time employee who has
    9-6  completed six continuous months of employment with the city, a
    9-7  hospital authority, or the board and who has been removed from the
    9-8  employee's initial probationary status;>- time employee of an
    9-9  employer; and
   9-10                    (B)  former regular full-time employee who has
   9-11  not withdrawn the member's accumulated deposits from the system.
   9-12        In any case of doubt regarding the eligibility of any
   9-13  employee to become or remain a member of the retirement system, the
   9-14  decision of the retirement board is final.
   9-15              (31)<(21)>  "Membership service" means the period of
   9-16  time on or after January 1, 1941, during which a person is or was
   9-17  employed as a regular full-time employee or is or was on an
   9-18  authorized leave of absence and who is eligible for participation
   9-19  in the system and pays into and keeps on deposit the amounts of
   9-20  money prescribed to be paid by the member into the system.  The
   9-21  term includes redeemed membership service.
   9-22              (32)<(22)>  "Normal retirement age" means attainment of
   9-23  age 62.
   9-24              (33)<(23)>  "Normal retirement date" means the earlier
   9-25  of the date on which the member has completed 25 years of
   10-1  creditable service or has reached <the age of 62> normal retirement
   10-2  age.
   10-3              (34)<(24)>  "Prior service" means service as an
   10-4  employee of the city rendered prior to January 1, 1941, for which a
   10-5  pension credit is allowable under prior law governing the
   10-6  retirement system of that city and includes redeemed prior service.
   10-7              (35)<(25)>  "Prior service pension" means a series of
   10-8  equal monthly payments payable from funds of the retirement system
   10-9  for a member's life after retirement for prior service equal to
  10-10  one-twelfth of the product of <2.2> 2.3 percent of the member's
  10-11  average monthly earnings during a period of five years preceding
  10-12  January 1, 1941, multiplied by the number of months of prior
  10-13  service.   On retirement at an age other than normal retirement
  10-14  age, the monthly prior service pension herein prescribed shall be
  10-15  the actuarial equivalent thereof at the member's <service pension
  10-16  herein prescribed shall be the actuarial equivalent thereof at the
  10-17  member's> actual retirement date, based on the schedule or
  10-18  schedules of payments approved by the actuary and adopted by the
  10-19  retirement board and in effect on the member's actual retirement
  10-20  date.
  10-21              (36)<(26)>  "Qualified domestic relations order" has
  10-22  the meaning assigned by Section 804.001, Government Code, and its
  10-23  subsequent amendments.
  10-24              (37)<(27)>  "Redeemed membership service" means
  10-25  membership service reinstated in accordance with Section 5(e) of
   11-1  this Act.
   11-2              (38)<(28)>  "Redeemed prior service" means prior
   11-3  service reinstated in accordance with Section 5(e) of this Act.
   11-4              (39)<(29)>  "Regular full-time employee" means an
   11-5  individual who is employed by the city, a hospital authority, or
   11-6  the board,: who is not a commissioned civil service police officer
   11-7  or fire fighter, the mayor, or a member of the <city council, whose
   11-8  position> governing body; who is classified in the annual <city,
   11-9  board, or hospital authority> budget of an employer for employment
  11-10  for the full calendar year<, whose position is classified in the
  11-11  annual city, board, or hospital authority budget to continue from
  11-12  year to year,>; and who works 30 hours or more in a normal 40-hour
  11-13  work week.  The term does not include an individual whose position
  11-14  is classified as seasonal or temporary by the <city, a hospital
  11-15  authority, or the board> employer, even if the individual works 30
  11-16  hours or more in a normal 40-hour work week in which the individual
  11-17  is employed.
  11-18              (40)<(30)>  "Retirement" means the termination of
  11-19  employment of a member after the member becomes entitled to receive
  11-20  a retirement allowance in accordance with the provisions of this
  11-21  Act.
  11-22              (41)<(31)>  "Retirement allowance" means the life
  11-23  annuity (modified cash refund) to which a member may be entitled
  11-24  under this Act, including annuities payable on disability
  11-25  retirement or on early retirement.
   12-1              (42)<(32)>  "Retirement board" <or "board"> means the
   12-2  board of trustees of the retirement and pensioning system herein
   12-3  created for the purpose of administering the retirement system.
   12-4              (43)<(33)>  "Retirement system," "retirement and
   12-5  pensioning system," "pension system," or "system" means the
   12-6  retirement and pensioning system created by this Act for a city
   12-7  governed by this Act.
   12-8              (44)<(34)>  "Year of creditable service" means a
   12-9  12-month period of creditable service determined in accordance with
  12-10  uniform and nondiscriminatory rules established by the retirement
  12-11  board.
  12-12        Sec. 3.  Establishment and applicability.  (a)  Except as
  12-13  provided by <Subsection> subsection (b) of this section and subject
  12-14  to the authority granted the retirement board in Section
  12-15  7(d)<(2)(D)> of this Act, members who retired prior to September 1,
  12-16  1993, shall continue to receive the same retirement allowances they
  12-17  were receiving prior to that date, together with any cost of living
  12-18  adjustments authorized and paid in accordance with this Act.
  12-19        (b)  Members who retired during the calendar years 1962 and
  12-20  1963 shall continue to receive a benefit in accordance with their
  12-21  election, if any, and the retirement allowances computed in the
  12-22  manner prescribed by an applicable city ordinance in effect as of
  12-23  January 1, 1962, or in the manner in which said allowances would
  12-24  have been computed under applicable city ordinances existing
  12-25  immediately prior to the enactments of January 1, 1962, together
   13-1  with any cost of living adjustments authorized and paid in
   13-2  accordance with this Act.
   13-3        Sec. 4.  Administration.  (a)  There is hereby created a
   13-4  retirement board of the retirement and pensioning system, in which
   13-5  retirement board is hereby vested the power and responsibility for
   13-6  the proper and effective general administration, management, and
   13-7  operation of the retirement system.  The retirement board shall be
   13-8  organized immediately after its members have qualified and taken
   13-9  the oath of office.
  13-10        (b)  The retirement board shall be composed of 11 members as
  13-11  follows:
  13-12              (1)  place one:  one <city council> member of the
  13-13  governing body, designated by the <city council> governing body,
  13-14  who may be removed and replaced or redesignated by the <city
  13-15  council> governing body at any time;
  13-16              (2)  place two:  the city manager of the city or his or
  13-17  her designee;
  13-18              (3)  <place three:  the director of finance of the city
  13-19  or his or her designee;>
  13-20              <(4)>  places <four> three through <six:> five: three
  13-21  qualified voters of the city who have been city residents for the
  13-22  preceding five years and who are not <city> employees, former
  13-23  employees, or officers<;> of an employer;
  13-24              (4) <(5)>  places <seven> six through <10:> nine: fou
  13-25  active-contributory members elected by the active-contributory
   14-1  members; and
   14-2              (5) <(6)  place 11:  a retired member who will be>
   14-3  places ten and eleven: two retired members elected by the retired
   14-4  members.
   14-5        (c)(1)  The place one retirement board member serves at the
   14-6  pleasure of the <city council> governing body and until the
   14-7  <council redesignated> governing body redesignates the place one
   14-8  member, or until the member is no longer able to serve because of
   14-9  death, resignation, termination of position as a <city council>
  14-10  member of the governing body, or disability.  The <city council>
  14-11  governing body shall appoint a person to fill a vacancy in place
  14-12  one not later than the 90th day after the first date of the
  14-13  vacancy.
  14-14              (2)  In December of every second even-numbered year,
  14-15  the <city council> governing body shall appoint, to place <four>
  14-16  three, one person meeting the qualifications for place <four>
  14-17  three.  In December of every second odd-numbered year, the <city
  14-18  council> governing body shall appoint, to place <five> four, one
  14-19  person meeting the qualifications for place <five> four.  In
  14-20  December of every second odd-numbered year, the retirement board
  14-21  shall appoint, to place <six> five, one person meeting the
  14-22  qualifications for place <six.  Board> five.  Retirement board
  14-23  members holding places <four> three through <six> five each serve a
  14-24  four-year term beginning on January 1 of the year after their
  14-25  appointment, unless service is earlier terminated by the death,
   15-1  disability, resignation, or removal of that retirement board member
   15-2  or the retirement board member ceases to meet the qualifications of
   15-3  a citizen retirement board member as set forth in Section 4(b) of
   15-4  this Act.  The <city council> governing body shall fill a vacancy
   15-5  in place three or four <or five> with a person meeting the
   15-6  qualifications for that place not later than the 90th day after the
   15-7  first date of the vacancy.  If the <city council> governing body
   15-8  fails to appoint an eligible person to fill a vacancy in place
   15-9  <four> three or five within the 90-day period, the retirement board
  15-10  may appoint a person meeting the qualifications for that place to
  15-11  fill the vacancy for the remainder of the unexpired term.  The
  15-12  retirement board shall appoint a person meeting the qualifications
  15-13  for place <six> five to fill a vacancy in place <six> five for the
  15-14  remainder of the unexpired term.
  15-15              (3)  The places <seven> six through <10> nine
  15-16  retirement  board members each serve on the retirement board for a
  15-17  four-year term, unless service is earlier terminated by the death,
  15-18  resignation, termination of employment, disability, retirement, or
  15-19  removal of <that> the retirement board member.  The retirement
  15-20  board shall appoint an active-contributory member to fill a vacancy
  15-21  in each of places <seven> six through <10> nine for the remainder
  15-22  of the unexpired term.
  15-23              (4)  The <place 11 board member serves for a
  15-24  four->places ten and eleven retirement board members serve for a
  15-25  four-year term, unless that service is earlier terminated by the
   16-1  death, disability, resignation, or removal of the member.  The
   16-2  retirement board shall appoint a retired member to fill a vacancy
   16-3  in <place 11> places ten or eleven for the remainder of the
   16-4  unexpired term.
   16-5        (d)  Members for places <seven> six through <11> eleven shall
   16-6  be elected in accordance with the following provisions:
   16-7              (1)  Only active-contributory members shall be eligible
   16-8  for election for places <seven> six through <10> nine.  Only
   16-9  retired members shall be eligible for election for <place 11>
  16-10  places ten and eleven.  Not more than one active-contributory
  16-11  member shall be eligible for election from any one city department.
  16-12              (2)  Members for places <seven> six through <10> nine
  16-13  shall be elected to four-year staggered terms with the terms of two
  16-14  of such retirement board members beginning January 1 of each
  16-15  even-numbered year.
  16-16              (3)  <The board member for place 11 shall be elected in
  16-17  an even-numbered year, with the term> Members for places ten and
  16-18  eleven shall be elected to four-year staggered terms.  One such
  16-19  retirement board member shall be elected at an election held in
  16-20  every other even numbered year with the term of such retirement
  16-21  board member beginning on January 1 of the <next> following
  16-22  odd-numbered year.  The first election for place ten shall be held
  16-23  in 1996 and the term of the retired member elected at that election
  16-24  shall begin on January 1, 1997.  The retirement board shall appoint
  16-25  a retired member, to place ten, to serve until January 1, 1997.
   17-1  The term of the retired member serving in place eleven shall expire
   17-2  on December 31, 1998.
   17-3              (4)(A)  No later than the first day of October of each
   17-4  odd-numbered year, the retirement board shall appoint a nominating
   17-5  and election committee consisting of five committee members and two
   17-6  alternates, all of whom are active-contributory members of the
   17-7  retirement system.  The nominating and election committee shall
   17-8  make one or more nominations for each active-contributory member
   17-9  vacancy and shall act as election judges.  The nominating and
  17-10  election committee shall determine and certify that each such
  17-11  nominee and each candidate announcing for election is an
  17-12  active-contributory member and prepare the ballot containing the
  17-13  names of all certified active-contributory member candidates.
  17-14                    (B)  No later than the first day of October of
  17-15  every second even-numbered year, the retirement board shall appoint
  17-16  a nominating and election committee consisting of five committee
  17-17  members and five alternates, all of whom are retired members of the
  17-18  retirement system.  The nominating and election committee shall
  17-19  make one or more nominations for the retired member vacancy and
  17-20  shall act as election judges.  The nominating and election
  17-21  committee shall determine and certify that each such nominee and
  17-22  each candidate announcing for election is a retired member and
  17-23  prepare the ballot containing the names of all certified retired
  17-24  member candidates.
  17-25              (5)  Each nominating and election committee shall
   18-1  publish a notice at least two (2) weeks prior to the applicable
   18-2  election date, informing all active-contributory members or retired
   18-3  members, as applicable, of the names of the persons who have been
   18-4  certified as candidates.
   18-5              (6)  Elections for places seven through 10 shall be
   18-6  held on the first payday in December of each odd-numbered year.
   18-7  Elections for place 11 shall be held in December of every second
   18-8  even-numbered year.  The candidates receiving the highest number of
   18-9  eligible votes shall be deemed elected.  In case of a tie vote,
  18-10  selection shall be by lot drawn by an existing member of the
  18-11  retirement board at a meeting of the retirement board held after
  18-12  the election but before the first day of January of the year after
  18-13  the election.
  18-14              (7)  The applicable nominating and election committee
  18-15  shall canvass the returns, certify the results, and announce the
  18-16  official results of the election.
  18-17              (8)  The retirement board shall approve written
  18-18  procedures for the conduct of the election no later than August 1
  18-19  of each year in which an election is held.
  18-20        (e)  Each member of the retirement board shall, within 30
  18-21  days after appointment and election <shall>, take an oath of office
  18-22  that <the board member> he or she will diligently and honestly
  18-23  administer the affairs of the retirement system and will not
  18-24  knowingly violate or willingly permit to be violated any law or
  18-25  statute applicable to the retirement system.  All members of the
   19-1  retirement board serve without compensation.  <At any time, the
   19-2  board> The retirement board may, at any time after notice and
   19-3  hearing, by a vote of six retirement board members<, may> remove a
   19-4  retirement board member for malfeasance.
   19-5        (f)  In January of each year, the retirement board shall
   19-6  elect from its membership a chairman and a vice-chairman to serve
   19-7  one calendar year.
   19-8        (g)  The retirement board shall hire a pension officer as an
   19-9  employee of the retirement board.  The pension officer shall hire
  19-10  and may fire or suspend necessary staff members, and those staff
  19-11  members are employees of the retirement board.  The pension officer
  19-12  acting under the direction of the retirement board shall keep all
  19-13  of the records of the retirement system and a record of the
  19-14  proceedings of the retirement board.  The pension officer and each
  19-15  staff member shall receive such compensation as the retirement
  19-16  board may fix in each annual budget of the retirement system, or
  19-17  amendments to the budget, and that compensation shall be paid from
  19-18  the fund.
  19-19        (h)  Subject to the limitations of this Act, the retirement
  19-20  board shall from time to time establish rules and regulations for
  19-21  the administration of the funds authorized to be created hereunder
  19-22  and <or> for the transaction of the retirement board's business.
  19-23  Each member of the retirement board is entitled to one vote <on the
  19-24  board>.  Six concurring votes are necessary for a decision by the
  19-25  retirement board members at any meeting of the retirement board,
   20-1  and six members constitute a quorum.  Each member will be required
   20-2  to serve on a committee of the retirement board.  Any retirement
   20-3  board member who is absent from four consecutive regular monthly
   20-4  meetings of the retirement board shall be removed from the
   20-5  retirement board and <the member shall be> replaced in accordance
   20-6  with the provisions of this section.
   20-7        (i)(1)  The retirement board shall keep or cause to be kept
   20-8  in convenient form such data as are necessary for actuarial
   20-9  valuation of the fund of the retirement system and for checking the
  20-10  mortality, service, compensation, and payment experience of the
  20-11  system.
  20-12              (2)  The retirement board shall keep a record of all
  20-13  its proceedings, which shall be open to public inspection except as
  20-14  otherwise specifically provided or permitted by law, and shall
  20-15  publish annually a report showing the fiscal transactions of the
  20-16  retirement system for the preceding year, the amount of the
  20-17  accumulated cash <and>, securities and other assets of the system,
  20-18  and the last balance sheet showing the financial condition of the
  20-19  system <is> as disclosed by the most recent actuarial valuation of
  20-20  the assets and liabilities of the retirement system.
  20-21              (3)  The retirement board shall have charge of and
  20-22  administer the fund as trustee of the fund and shall order payments
  20-23  therefrom in pursuance of the provisions of this Act.  <The city
  20-24  and each hospital authority> Each employer shall provide to the
  20-25  retirement board <all> the records necessary and useful to
   21-1  administer the system and the fund.  The retirement board shall
   21-2  report annually to the members on the condition of the fund and the
   21-3  receipts and disbursements on account of the fund. The retirement
   21-4  board shall keep a complete <list> record  of the retired members,
   21-5  surviving spouses, and beneficiaries of the fund and the amounts
   21-6  paid to them.
   21-7              (4)  Individual accounts shall be maintained for each
   21-8  member of the retirement system, showing the amount of the member's
   21-9  accumulated deposits.  Annually a statement shall be given each
  21-10  member showing the total amount of that member's accumulated
  21-11  deposits. The accounts of the retirement board and the retirement
  21-12  system shall be included in the annual independent audit of the
  21-13  accounts of the system.  <A> One copy of <this> the  annual audit
  21-14  shall be provided to the <city mayor> governing body and to the
  21-15  board of each employer.
  21-16              (5)  The retirement board shall designate an actuary
  21-17  who shall be the technical advisor of the retirement board
  21-18  regarding the maintenance and operations of the fund authorized by
  21-19  the provisions of this Act and shall perform such other duties as
  21-20  may be required in connection therewith, but shall not be an
  21-21  investment advisor or fiduciary with respect to any investments of
  21-22  the fund.  The actuary shall make periodic <evaluations> valuations
  21-23  of the assets and liabilities of the funds and other <valuations>
  21-24  evaluations as requested by the retirement board.
  21-25              (6)  From time to time on the advice of the actuary and
   22-1  the direction of the retirement board, the actuary shall make an
   22-2  actuarial investigation of the mortality, service, and compensation
   22-3  experience of members, retired members, surviving spouses, and
   22-4  beneficiaries of the retirement system and shall make a valuation
   22-5  of the assets and liabilities of the funds of the system.  Taking
   22-6  into account the result of such investigation and valuation, the
   22-7  retirement board shall adopt for the retirement system such
   22-8  mortality, service, and other actuarial tables or rates as are
   22-9  deemed necessary.  On the basis of tables and rates adopted by the
  22-10  retirement board, the actuary shall make a valuation at least once
  22-11  every two years of the assets and liabilities of the funds of the
  22-12  retirement system.
  22-13              (7)  The retirement board may retain the services of
  22-14  one or more investment managers who shall have full authority to
  22-15  invest and manage the assets of the retirement system and the fund,
  22-16  as specified by contract in accordance with <Subchapter> subchapter
  22-17  C, Chapter 802, Government Code, and its subsequent amendments.
  22-18              (8)  The retirement board may retain the services of
  22-19  one or more investment consultants to monitor the investment
  22-20  performance of the investment managers and provide other
  22-21  investment-related services as requested by the retirement board.
  22-22        (j)  The retirement board may retain legal counsel <to
  22-23  advise, assist, or represent the board in any legal matters
  22-24  affecting> as necessary in the judgment of the board to advise,
  22-25  consult, assist and represent the retirement board and the system
   23-1  in and with respect to any legal matter, issue, cause or claim that
   23-2  comes before the retirement board or that may affect the retirement
   23-3  system <and> or the operation of the fund.
   23-4        (k)  Except as provided by <Subsection> subsection (l) of
   23-5  this section, the retirement board may adopt rules, establish
   23-6  regulations or procedures, correct any defect, supply any
   23-7  information, or reconcile any inconsistency as the retirement board
   23-8  considers necessary or advisable to carry out this Act.  Further,
   23-9  the retirement board is authorized to adopt any amendment that
  23-10  modifies this Act to the extent necessary for the retirement system
  23-11  to be a qualified plan.
  23-12        (l)  Any procedure, discretionary act, interpretation, or
  23-13  construction by the retirement board must be done in a
  23-14  nondiscriminatory manner based on uniform principles consistently
  23-15  applied and must be consistent with this Act and with <26 U.S.C.>
  23-16  Section 401(a) of the Code and its subsequent amendments.
  23-17        (m)  The retirement board is authorized to administer oaths
  23-18  to any person providing testimony at any hearing or other
  23-19  proceeding of the retirement board.
  23-20        Sec. 5.  Membership.  (a)  <Any regular full-time employee
  23-21  who has completed six continuous months of employment as a regular
  23-22  full-time employee before or after the date of establishment of the
  23-23  retirement system and who has been removed from the employee's
  23-24  initial probationary status,> Each regular full-time employee shall
  23-25  become an active-contributory member as a condition of employment
   24-1  and shall make the required deposits commencing with the first pay
   24-2  period <following the later of the completion of six continuous
   24-3  months of employment as a regular full-time employee or the date of
   24-4  removal from the employee's initial probationary status> in which
   24-5  the employee is compensated following the effective date of this
   24-6  Act.  Unless on approved medical leave of absence or <other
   24-7  authorized leave> on leave to serve in the uniformed services, the
   24-8  employee shall make the deposits as long as the employee remains a
   24-9  regular full-time employee and shall remain a member of the system
  24-10  until the employee or the employee's beneficiary ceases to be
  24-11  entitled to any benefits from the retirement system.  The
  24-12  membership for all new regular full-time employees shall commence
  24-13  on the date their employment commences and all current active
  24-14  contributory members shall be deemed to have additional creditable
  24-15  service equal to the time elapsed between the date their regular
  24-16  full-time employment commenced and the date they became an active
  24-17  contributory member, but not in excess of six (6) months.
  24-18        (b)  Membership in the retirement system consists of the
  24-19  following groups:
  24-20              (1)  the active-contributory members group, which
  24-21  consists of all members, other than those on authorized leave of
  24-22  absence, who are making deposits;
  24-23              (2)  the active-noncontributory members group, which
  24-24  consists of all employees on approved medical leave of absence and
  24-25  all employees of <the city, a hospital authority, or the board> an
   25-1  employer, other than inactive-contributory members, who <were> have
   25-2  been active-contributory members but who are no longer so because
   25-3  they are not regular full-time employees;
   25-4              (3)  the inactive-contributory members group, which
   25-5  consists of all members who are on an authorized leave of absence
   25-6  and who continue to make deposits into the retirement system during
   25-7  <the employee's> their  absence;
   25-8              (4)  the inactive-noncontributory members group, which
   25-9  consists of all members whose status as an employee <with the city,
  25-10  a hospital authority, or the board> has been terminated before
  25-11  retirement or disability retirement <and> but who are still
  25-12  entitled to, or whose beneficiary may become entitled to, benefits
  25-13  from the retirement system; and
  25-14              (5)  the retired members group, which consists of all
  25-15  members who have retired and who are receiving or who are entitled
  25-16  to receive a retirement allowance.
  25-17        (c)  An active-noncontributory member becomes an
  25-18  active-contributory member immediately on resuming employment as a
  25-19  regular full-time employee or on returning from an approved medical
  25-20  leave of absence, as applicable.
  25-21        (d)  It shall be the duty of the retirement board to
  25-22  determine the membership group to which each person who becomes a
  25-23  member of the retirement system properly belongs.  It shall be the
  25-24  duty of the <city manager> chief administrative officer of each
  25-25  employer to submit to the retirement board a statement showing the
   26-1  name, position, compensation, duties, date of birth, length of
   26-2  employment, and other information regarding each employee of the
   26-3  <city as> employer the retirement board may require.  <The pension
   26-4  officer shall submit to the board a statement showing the name,
   26-5  position, compensation, duties, date of birth, length of
   26-6  employment, and other information regarding each employee of the
   26-7  board that the board requires.  Each hospital authority board shall
   26-8  submit to the retirement board a statement showing the name,
   26-9  position, compensation, duties, date of birth, length of
  26-10  employment, and other information regarding each employee of the
  26-11  hospital authority that the retirement board requires.>
  26-12        (e)  Any person who has ceased to be a member and has
  26-13  received a distribution of the person's accumulated deposits may
  26-14  have the person's membership service or prior service reinstated if
  26-15  the person is reemployed as a regular full-time employee for a
  26-16  continuous period of 24 months and deposits into the system, within
  26-17  a reasonable period established by the retirement board on a
  26-18  uniform and nondiscriminatory basis, the accumulated deposits
  26-19  withdrawn by that person, together with an interest payment equal
  26-20  to the amount withdrawn multiplied by an interest factor.  The
  26-21  interest factor is equal to the annually compounded interest rate
  26-22  assumed to have been earned by the fund beginning with the month
  26-23  and year in which the person withdrew the person's accumulated
  26-24  deposits and ending with the month and year in which the deposit
  26-25  under this subsection is made.  The interest rate assumed to have
   27-1  been earned by the fund for any period is equal to the interest
   27-2  rate credited for that period to the accumulated deposits of
   27-3  members, divided by 0.75.
   27-4        (f)  A member on authorized leave of absence may make
   27-5  deposits each <biweekly> pay period to the system while on
   27-6  authorized leave of absence<,>.  Each such deposit shall be in an
   27-7  amount that is equal to the amount of the member's deposit for the
   27-8  last complete <biweekly> pay period that the member was paid by the
   27-9  <city, a hospital authority, or the board> employer.  As long as
  27-10  the member on authorized leave of absence makes the <biweekly
  27-11  payments, the city> payments each pay period, the employee's
  27-12  employer shall make contributions to the retirement fund, for such
  27-13  member <on authorized leave of absence from the city each biweekly
  27-14  pay>, each pay period in an amount equal to the contribution amount
  27-15  the <city> employer would have made if the member's <biweekly> pay
  27-16  had continued to be the <biweekly> pay the member received for the
  27-17  last complete <biweekly> pay period that the member was paid by the
  27-18  <city.  Each hospital authority shall make contributions to the
  27-19  retirement fund for a member on authorized leave of absence from
  27-20  that hospital authority each pay period in an amount equal to the
  27-21  contribution amount the hospital authority would have made if the
  27-22  member's pay had continued to be the pay the member received for
  27-23  the last complete pay period that the member was paid by the
  27-24  hospital authority.   The board shall make a contribution to the
  27-25  retirement fund from system funds for a member on authorized leave
   28-1  of absence from the board each biweekly pay period in an amount
   28-2  equal to the contribution amount the board would have made if the
   28-3  member's biweekly pay had continued to be the biweekly pay the
   28-4  member received for the last complete biweekly pay period that the
   28-5  member was paid by the board> employer.  If the member does not
   28-6  make those deposits while on authorized leave of absence, the
   28-7  member may make a single payment, within five years after the
   28-8  member has returned to employment with the <city, with the hospital
   28-9  authority, or with the board> employer, equal to the deposits the
  28-10  member would have made if the member had continued to be paid
  28-11  during the authorized leave of absence at the same rate of pay the
  28-12  member was receiving at the time the member's authorized leave of
  28-13  absence began.  <The city> In the event a member elects to make a
  28-14  single payment, the member's employer shall make a single payment
  28-15  for such member <employed by the city> which payment shall be equal
  28-16  to the contributions <it> the employer would have made on the
  28-17  member's behalf if the member had made deposits to the fund during
  28-18  the period of the member's <behalf if the member had made deposits
  28-19  to the fund during the period of the member's> authorized leave of
  28-20  absence.  <Each hospital authority shall make a single payment for
  28-21  a member employed by the hospital authority equal to the
  28-22  contributions it would have made on the member's behalf if the
  28-23  member had made deposits to the fund during the period of the
  28-24  member's> During an authorized leave of absence<.  The board shall
  28-25  make a single payment to the fund for a member employed by the
   29-1  board equal to the contributions it would have made on the member's
   29-2  behalf if the member had made deposits to the fund during the
   29-3  period of the member's authorized leave of absence.  As long as
   29-4  deposits are made>, the member will continue to earn membership
   29-5  service for the pay periods for which the member makes deposits in
   29-6  accordance with this subsection<, the member will continue to earn
   29-7  membership service during the period of the authorized leave of
   29-8  absence.>.  If a member makes the lump sum payment provided for in
   29-9  this subsection the membership service will be credited at the time
  29-10  of payment.
  29-11        (g)  From time to time the retirement board, subject to the
  29-12  approval of the system's actuary, may elect to permit the
  29-13  reinstatement of membership service forfeited in accordance with
  29-14  the terms of this section.
  29-15        Sec. 6.  Creditable service.  (a)  The retirement allowance
  29-16  of a member is based on the <amount of> member's creditable service
  29-17  <rendered by the member> as of the member's actual retirement date.
  29-18        (b)  The retirement board shall determine by
  29-19  nondiscriminatory rules and regulations consistently applied,
  29-20  subject to the provisions of this Act, in case of absence, illness,
  29-21  or other temporary interruption in service as a regular full-time
  29-22  employee, the portion of each calendar year to be allowed as
  29-23  creditable service.  No credit shall be allowed as creditable
  29-24  service for any period exceeding one month during which an employee
  29-25  was absent continuously without pay, except for an authorized leave
   30-1  of absence as provided in this Act.  The retirement board shall
   30-2  verify the records for creditable service claims filed by the
   30-3  members of the retirement system, subject to the provisions of this
   30-4  Act and in accordance with such administrative rules and
   30-5  regulations as the retirement board may from time to time adopt.
   30-6        (c)  At any time before a member's actual retirement date, a
   30-7  member may establish creditable service for military service
   30-8  performed that is creditable as provided under this subsection
   30-9  according to the following conditions, limitations, and
  30-10  restrictions:
  30-11              (1)  Military service creditable in the retirement
  30-12  system is any service required to be credited by the Uniformed
  30-13  Services Employment and Reemployment Act of 1994, as amended and
  30-14  certain active federal duty service in the armed forces of the
  30-15  United States performed before the commencement of employment with
  30-16  the employer, other than service as a student at a service academy,
  30-17  as a member of the reserves, or any continuous active military
  30-18  service lasting less than 90 days.  To be creditable, the military
  30-19  service must have been performed before the beginning of the
  30-20  member's most recent period of membership in the retirement system
  30-21  or its predecessor system.
  30-22              (2)  A member is not eligible to establish military
  30-23  service credit unless the member was released from active military
  30-24  duty under conditions other than dishonorable.
  30-25              (3)  A member may not establish creditable service in
   31-1  the retirement system for military service for more than the
   31-2  greater of the creditable service required under the Uniformed
   31-3  Services Employment and Reemployment Act of 1994, as amended, or 24
   31-4  months of creditable service in the retirement system for military
   31-5  service under this subsection.
   31-6              (4)  A member may establish creditable service under
   31-7  this subsection by contributing to the retirement system a single
   31-8  payment equal to 25 percent of the estimated cost of the additional
   31-9  projected retirement benefits the member will be entitled to
  31-10  receive.  The retirement board will determine the required
  31-11  contribution based on a procedure recommended by the actuary and
  31-12  approved by the retirement board, provided, however,
  31-13  notwithstanding the amount determined under the preceeding
  31-14  sentence, such contribution may not exceed the amount required
  31-15  under the Uniformed Services Employment and Reemployment Act of
  31-16  1994, as amended in the case of a member who makes such
  31-17  contributions within the time prescribed by such act.
  31-18              (5)  After the member makes the deposit required by
  31-19  this subsection, the retirement system shall grant the member one
  31-20  month of creditable service for each month of creditable military
  31-21  service established under this subsection.
  31-22        Sec. 7.  Service retirement benefits and withdrawal benefits.
  31-23  (a)  Except as provided by <Subsection> subsection (b) of this
  31-24  section, a member who retires on or after the member's normal
  31-25  retirement date and applies in writing for a retirement allowance
   32-1  shall receive a life annuity (modified cash refund) beginning on
   32-2  the last day of the month after the month in which the member
   32-3  retired.  Unless <Subsection> subsection (e) of this section or
   32-4  <Section> section 8 of this Act applies, a member whose employment
   32-5  by the <city, a hospital authority, or the board> employer
   32-6  terminates before the member's normal retirement date is entitled
   32-7  to a distribution of the member's accumulated deposits in a single
   32-8  lump sum.  On receiving that distribution, a member is not entitled
   32-9  to any other benefit under this Act.  If a member has at least five
  32-10  years of creditable service and does not withdraw the member's
  32-11  accumulated deposits, the member is entitled to a life annuity
  32-12  (modified cash refund) beginning on the first day of the month
  32-13  after the month in which the member's normal retirement date
  32-14  occurs.  If a member has at least 20 years of creditable service
  32-15  and does not withdraw the member's accumulated deposits, the member
  32-16  is also entitled to elect an early retirement benefit on attaining
  32-17  age 55.
  32-18        (b)  A member who terminates employment with the <city, a
  32-19  hospital authority, or the board> employer and who has less than
  32-20  five years of creditable service is not entitled to a retirement
  32-21  allowance.
  32-22        (c)  The amount of the retirement allowance and all other
  32-23  benefits payable under this statute shall be subject at all times
  32-24  to such adjustments as may be required to ensure actuarial
  32-25  soundness as may be approved by the actuary and adopted by the
   33-1  retirement board, except that annuities already <granted> accrued
   33-2  may not be reduced <below the base figure granted at time of
   33-3  retirement>.
   33-4        (d)(1)  Subject to the conditions, limitations, and
   33-5  restrictions set forth in this subsection, as well as all other
   33-6  pertinent conditions, limitations, and restrictions set forth
   33-7  elsewhere in this Act, the retirement board shall have the power
   33-8  once each year to authorize a cost of living adjustment
   33-9  (hereinafter referred to as the "adjustment") payment of which,
  33-10  once authorized, shall be added to the current monthly payment of
  33-11  <al> all retirement annuities, pensions, or allowances of each and
  33-12  every retired member ( or the retired <members' beneficiaries who
  33-13  have> member's beneficiary) who has become entitled to benefits, on
  33-14  or before December 31 of the year before the year in which the
  33-15  adjustment goes into effect. Before December 31 of each year, the
  33-16  retirement board shall make a separate determination as to whether
  33-17  to authorize the payment of an adjustment and the amount of such
  33-18  adjustment, if any.  In determining whether to authorize an
  33-19  adjustment, the retirement board may consider the changes in the
  33-20  consumer price index over the preceding 12-month period, the
  33-21  actuarial experience of the fund, the investment experience of the
  33-22  fund, the amount of any prior adjustments, and other factors that
  33-23  the retirement board and the actuary consider appropriate.
  33-24              (2)  In determining whether to authorize the payment
  33-25  and the amount of any adjustment, the retirement board shall be
   34-1  governed by the following conditions, considerations, limitations,
   34-2  and restrictions:
   34-3                    (A)  Any and all determinations to authorize the
   34-4  payment of any adjustment amount must be based on the ability of
   34-5  the fund to pay such an amount and shall not be based on the
   34-6  individual needs of any particular retired members or
   34-7  beneficiaries.
   34-8                    (B)  Prior to the retirement board's authorizing
   34-9  the payment of an adjustment, the actuary must <approve and>
  34-10  recommend such an adjustment to the retirement board and certify in
  34-11  writing <to the board> that, based on the sound application of
  34-12  actuarial assumptions and methods consistent with sound actuarial
  34-13  principles and standards, it is demonstrable that the fund has and
  34-14  likely will continue to have the ability to pay such an amount out
  34-15  of its realized income after all other obligations of the fund have
  34-16  been paid.
  34-17                    (C)  The amount of the adjustment for each
  34-18  retired member or beneficiary shall be a uniform percentage of the
  34-19  monthly payment being receiving by a member, or by a beneficiary by
  34-20  reason of a member, who was retired at least one year before the
  34-21  adjustment and may not exceed six percent of the monthly payment
  34-22  due the retired member or beneficiary before the adjustment.  For
  34-23  members who retired during the year in which the adjustment is
  34-24  authorized, the increase for the first year in which the adjustment
  34-25  is being paid shall be prorated in the ratio that the number of
   35-1  completed months after the member's retirement in the year of the
   35-2  member's retirement bears to 12.  After the first year the member
   35-3  is entitled to the full amount of <the> any  adjustment without
   35-4  proration.
   35-5                    <(D)  The board shall have the authority and the
   35-6  duty on recommendation by the actuary, at any and all times and
   35-7  without notice to anyone, to decrease the amount of adjustment
   35-8  payment as much as is necessary to protect the continuity of the
   35-9  retirement and pensioning system and to protect the corpus of the
  35-10  system should the ability of the system to continue to pay the
  35-11  adjustment be threatened by a change in the economic situation of
  35-12  the United States, the State of Texas, the city, or the system
  35-13  itself, such as would dictate that a prudent trustee should
  35-14  authorize such a decrease, providing that, if the threatening
  35-15  change should prove not to have had the predicted harmful effect on
  35-16  the system, then the board shall have the authority, on
  35-17  recommendation by the actuary, to reinstate the payment of all or
  35-18  any portion of the amount of the previously decreased adjustment
  35-19  payments.>
  35-20              (3)  Any adjustment payments shall be in addition to
  35-21  the benefits to which a retired member <of> or beneficiary is
  35-22  otherwise entitled under this Act<, and in no event shall a
  35-23  reduction in the adjustment payments cause the retired member's or
  35-24  beneficiary's benefits to be reduced below the actual base
  35-25  retirement figure calculated under the provisions of this Act.>
   36-1              <(4)  The following terms and definitions shall be used
   36-2  in construing the meaning of this section:>
   36-3                    <(A)  "Base retirement figure" means that figure
   36-4  calculated under the provisions of this Act at the time of actual
   36-5  retirement to which, for the purposes of this subsection, a retired
   36-6  member is entitled over a 12-month period.>
   36-7                    <(B)  "Consumer price index" means the Consumer
   36-8  Price Index (all items--United States City average) published
   36-9  monthly by the Bureau of Labor Statistics, United States Department
  36-10  of Labor or its successor in function.>
  36-11                    <(C)  "Continuity of the fund" means the ability
  36-12  of the retirement and pensioning system's fund to continue to meet
  36-13  all of its purposes, to continue to thrive and grow along with the
  36-14  economy of the United States, the State of Texas, and the city, or
  36-15  to be able to sustain itself and its retired members and their
  36-16  beneficiaries during and throughout the periods of deflation or
  36-17  recession in those economies>.
  36-18        (e)  Any member shall be eligible for early retirement if the
  36-19  member attains the age of 55 years and completes at least 20 years
  36-20  of creditable service.  Such member shall be entitled to a benefit
  36-21  equal to a life annuity (modified cash refund) reduced at the rate
  36-22  of five-twelfths of one percent for each month the member was
  36-23  retired before the member's normal retirement date.  A member who
  36-24  takes early retirement shall begin receiving the benefits provided
  36-25  by this subsection beginning on the last day of the month after the
   37-1  month in which the member retired.
   37-2        (f)  A member may file a <duly acknowledged> written
   37-3  designation, which, if approved by the retirement board, shall
   37-4  entitle the member, on retirement, to receive the actuarial
   37-5  equivalent of the life annuity in the form of one of the following
   37-6  options:
   37-7              (1)  Option I. 100 Percent Joint and Survivor Annuity.
   37-8  This option is a reduced monthly annuity payable to the member but
   37-9  with the provision that on the member's death the annuity shall be
  37-10  continued throughout the life of and be paid to such person as the
  37-11  member shall designate before the member's actual retirement date.
  37-12              (2)  Option II. 50 Percent Joint and Survivor Annuity.
  37-13  This option is a reduced monthly annuity payable to the member but
  37-14  with the provision that on the member's death one-half of the
  37-15  annuity shall be continued throughout the life of and be paid to
  37-16  such person as the member shall designate before the member's
  37-17  actual retirement date.
  37-18              (3)  Option III. 66-2/3 Percent Joint and Survivor
  37-19  Annuity.  This option is a reduced monthly annuity payable to the
  37-20  member but with the provision that on the member's death two-thirds
  37-21  of the annuity shall be continued throughout the life of and be
  37-22  paid to such person as the member shall designate before the
  37-23  member's actual retirement date.
  37-24              (4)  Option IV. Joint and 66-2/3 Percent Last Survivor
  37-25  Annuity.  This option is a reduced monthly annuity payable to the
   38-1  member but with the provision that two-thirds of the annuity to
   38-2  which the member would be entitled shall be continued throughout
   38-3  the life of and be paid to the survivor after the death of either
   38-4  the member or such person as the member shall designate before the
   38-5  member's actual retirement date.
   38-6              (5)  Option V. Level Income Option.  If payment of a
   38-7  retirement allowance commences prior to the earliest age at which
   38-8  the member will become eligible for an old age insurance benefit
   38-9  under the Social Security Act, the member may elect that the amount
  38-10  of the monthly payments be adjusted so that an increased monthly
  38-11  amount will be paid prior to such age and a reduced monthly amount,
  38-12  if any, will be paid for life after such age.  The purpose of this
  38-13  adjustment is to enable the member to receive from this plan and
  38-14  under the Social Security Act an aggregate income in approximately
  38-15  a level amount for life.
  38-16              (6)  Option VI. 66-2/3 Percent Joint and Survivor/Level
  38-17  Income Option.  If payment of a retirement allowance commences
  38-18  prior to the earliest age at which the member could become eligible
  38-19  for an old age insurance benefit under the Social Security Act, the
  38-20  member may elect that the amount of the monthly payments be
  38-21  adjusted so that an increased monthly amount will be paid prior to
  38-22  such age and a reduced monthly amount will be paid for life after
  38-23  such age.  The purpose of this adjustment is to enable the member
  38-24  to receive from this plan and under the Social Security Act an
  38-25  aggregate income in approximately a level amount for life.  Option
   39-1  VI provides that if the member's death occurs after age 62,
   39-2  two-thirds of the monthly annuity the member was receiving at the
   39-3  time of the member's death shall be continued throughout the life
   39-4  of and be paid to such person as the member shall designate before
   39-5  the member's actual retirement date.  If the member's death occurs
   39-6  before age 62, two-thirds of the monthly annuity the member was
   39-7  receiving at the time of member's death shall be paid to such
   39-8  person as the member shall designate before the member's actual
   39-9  retirement date through the end of the month when the member would
  39-10  have reached age 62.  The monthly annuity being paid to such person
  39-11  as the member shall designate before the member's actual retirement
  39-12  date will be reduced at the end of the month following the month in
  39-13  which the member would have reached age 62 to two-thirds of the
  39-14  reduced benefit the member would have begun to receive at  age 62.
  39-15              (7)  Option VII. 15-Year Certain and Life Annuity.
  39-16  This option is a reduced annuity payable to the member for life.
  39-17  In the <even> event of the member's death before 180 monthly
  39-18  payments have been made, the remainder of the 180 payments shall be
  39-19  paid to the member's beneficiary or, if there is no beneficiary, to
  39-20  the member's estate.
  39-21              (8)  Option VIII. Equivalent Benefit Plan.  If a member
  39-22  requests in writing, any other form of benefit or benefits may be
  39-23  paid either to the member or to such person or persons as the
  39-24  member shall designate before the member's actual retirement date,
  39-25  provided that the benefit plan requested by the member is certified
   40-1  by the actuary for the system to be the actuarial equivalent of the
   40-2  life annuity with guaranteed refund of the retired member's
   40-3  accumulated deposits.  If, on the death of the member and all other
   40-4  persons entitled to receive payments under an optional benefit, the
   40-5  member's accumulated deposits as of the member's actual retirement
   40-6  date exceed the sum of all payments made under that optional
   40-7  benefit, that excess shall be paid in one lump sum to the member's
   40-8  beneficiary.
   40-9        (g)(1)  For purposes of <Subsection> subsection (f) of this
  40-10  section, the designation of a beneficiary must be made in writing
  40-11  on a form and in the manner prescribed by the retirement board.  If
  40-12  a member has chosen Option I, II, III, IV, VI, or VIII, the
  40-13  member's designation of a beneficiary may not be revoked after a
  40-14  member retires, and any attempted revocation of a designation for
  40-15  those options is void.  Spousal consent shall not be required for a
  40-16  member to select Option I, II, III, IV or VI.  If the member is
  40-17  married, spousal consent is required for the member to select an
  40-18  optional benefit other than Option I, II, III, IV<,> or VI.  At any
  40-19  time before retirement, a member may file with the retirement board
  40-20  a written statement designating one or more persons to be entitled
  40-21  to receive as beneficiary the reduced annuity payable under one of
  40-22  the optional benefits.  If a married member designates as a
  40-23  beneficiary any person other than the member's spouse, the member's
  40-24  spouse must consent in writing to the beneficiary designation, and
  40-25  the beneficiary designation may not be changed without spousal
   41-1  consent, unless the consent of the spouse expressly permits
   41-2  designations by the member without the requirement of further
   41-3  consent by the spouse.  The spouse's consent is irrevocable and
   41-4  must acknowledge the effect of the designation and be witnessed by
   41-5  a retirement board employee or notary public.  Spousal consent is
   41-6  not required if it is established to the satisfaction of the
   41-7  retirement board that the required consent cannot be obtained
   41-8  because there is no spouse, the spouse cannot be located, or other
   41-9  circumstances exist as prescribed by United States Treasury
  41-10  regulations.  Notwithstanding other provisions of this subdivision,
  41-11  the option election or beneficiary designation made by a member and
  41-12  consented to by the member's spouse may be revoked by the member in
  41-13  writing without consent of the spouse at any time before
  41-14  retirement.  The number of revocations is not limited.  A former
  41-15  spouse's waiver or consent is not binding on a new spouse.  An
  41-16  option selection becomes effective on the member's actual
  41-17  retirement date.  The member retains the right to change the option
  41-18  selected or the beneficiary designated until the member's actual
  41-19  retirement date, subject to this subsection.
  41-20              (2)  After filing the written statement selecting one
  41-21  of the optional benefits, the member may continue in employment and
  41-22  retire any time after the member becomes eligible by filing a
  41-23  written application for retirement.  If the member dies before
  41-24  retirement but after becoming eligible for retirement, the
  41-25  effective date of the member's retirement is the last day of the
   42-1  calendar month of death, and the benefit is computed on the
   42-2  optional benefit selected as if the member had retired on that
   42-3  date.
   42-4        (h)  The amount of the annuity payment in Options I, II, III,
   42-5  IV, V, VI, VII, and VIII shall be determined without considering
   42-6  the minimum cumulative payment of the retired member's accumulated
   42-7  deposits since that refund feature will stay in effect as indicated
   42-8  herein.
   42-9        (i)  If a member who is eligible for retirement dies without
  42-10  having filed a written selection of one of the enumerated options
  42-11  and if the member leaves a surviving spouse, that spouse may select
  42-12  the optional benefit in the same manner as if the member had made
  42-13  the selection or may select a lump-sum payment equal to the
  42-14  deceased member's accumulated deposits plus an equivalent amount
  42-15  from Fund No. 2.  If the member does not leave a surviving spouse,
  42-16  the member's designated beneficiary is entitled to elect either
  42-17  Option VII, to become effective at the beginning of the calendar
  42-18  month after the month in which the death of the member occurs, or
  42-19  the sum of a lump-sum payment equal to the deceased member's
  42-20  accumulated deposits plus an equivalent amount from Fund No.  2.
  42-21  If the surviving spouse dies before the spouse receives retirement
  42-22  allowances equal to the amount of the member's accumulated deposits
  42-23  on the date of the member's death, the excess of the accumulated
  42-24  deposits over the retirement allowances paid shall be distributed
  42-25  in one lump sum to the member's estate.
   43-1        (j)  In the event of death of a member who is ineligible for
   43-2  retirement, the member's accumulated deposits and an equivalent
   43-3  amount from Fund No. 2 shall be paid in a lump sum to the member's
   43-4  beneficiary.
   43-5        (k)(1)  If a prior demand for withdrawal of accumulated
   43-6  deposits has not been made within seven years after termination of
   43-7  employment <with the city, a hospital authority, or the board of>
   43-8  by a member with less than five years' of creditable service, the
   43-9  member's accumulated deposits shall be returned to the member or
  43-10  the member's beneficiary.  Except as provided by <Subdivision>
  43-11  subdivision  (2) of this subsection, if the system is unable to
  43-12  locate the member or the member's beneficiary, the member's
  43-13  accumulated deposits shall thereafter be forfeited and become a
  43-14  part of Fund No. 2.
  43-15              (2)  If the member or member's beneficiary later
  43-16  appears and requests in writing the payment of the member's
  43-17  accumulated deposits, the system shall:
  43-18                    (A)  reinstate the account of the member;
  43-19                    (B)  credit to that account an amount equal to
  43-20  all of the accumulated deposits previously standing to the member's
  43-21  credit plus interest that would have been earned on those
  43-22  accumulated deposits if the funds had remained in Fund No. 1
  43-23  between the date of forfeiture to Fund No. 2 and the date of
  43-24  reinstatement of the member's account;
  43-25                    (C)  fund the account from the monies in Fund No.
   44-1  2; and
   44-2                    (D)  make all necessary payments to the member or
   44-3  member's beneficiary from the reinstated account.
   44-4              (3)  On payment of the accumulated deposits under this
   44-5  subsection, plus any interest on those deposits to which the member
   44-6  may be entitled <to>, to the member or member's beneficiary in
   44-7  accordance with this subsection, the terminated employee ceases to
   44-8  be a member of the system.
   44-9        (l)  In the event of the death of a member receiving a
  44-10  retirement allowance, the sum of <$2,000> $10,000 shall be payable
  44-11  in a lump sum to the member's beneficiary.
  44-12        (m)  When monthly survivor benefits are deemed payable as a
  44-13  result of the death of a member before retirement, an additional
  44-14  sum of <$2,000> $10,000 shall be payable as a death benefit to the
  44-15  member's designated beneficiary.
  44-16        (n)  In the event of the death of the retired member then
  44-17  receiving a retirement allowance under any retirement option and
  44-18  the death of the beneficiary designated by the retired member, when
  44-19  either Option I, Option II, Option III, Option IV, or Option VI is
  44-20  in effect, before retirement allowances have been received that are
  44-21  equal or greater than the retired member's accumulated deposits,
  44-22  <then> the member's estate will receive the excess of the retired
  44-23  member's accumulated deposits over the retirement allowances paid.
  44-24        (o)  Notwithstanding any contrary provision of this Act, the
  44-25  distribution of a member's benefits, including benefits payable
   45-1  after the member's death, made on or after January 1, 1985, shall
   45-2  be made in accordance with the following requirements and shall
   45-3  otherwise comply with <26 U.S.C.>  Section 401(a)(9) <and its
   45-4  subsequent amendments and> of the Code and related regulations,
   45-5  including Regulation Section 1.401(a)(9)-2:
   45-6              (1)  A member's benefits shall be distributed to the
   45-7  member, or the distribution of those benefits shall begin, not
   45-8  later than April 1 of the calendar year after the calendar year in
   45-9  which occurs the later of the date on which the member attains age
  45-10  70-1/2 or the date on which the member's employment by the <city,
  45-11  hospital authority, or the board> employer terminates.
  45-12              (2)  A member's benefits shall be distributed over a
  45-13  period not exceeding the life of the member or the lives of the
  45-14  member and the member's beneficiary or over a period not exceeding
  45-15  the life expectancy of the member or the life expectancy of the
  45-16  member and the member's beneficiary.
  45-17              (3)  If the distribution of a member's benefit has
  45-18  begun and the member dies before the member's entire benefit is
  45-19  distributed, the remaining portion of that benefit shall be
  45-20  distributed at least as rapidly as under the form of benefit
  45-21  selected as of the date of the member's death, adjusted as
  45-22  necessary under this subsection.
  45-23              (4)  If a member dies before the distribution of the
  45-24  member's benefit has begun, the member's death benefit shall be
  45-25  distributed to the member's beneficiary within five years after the
   46-1  date of the member's death.  This five-year rule does not apply to
   46-2  any portion of the deceased member's benefit that is payable to or
   46-3  for the benefit of the member's surviving spouse.  A benefit
   46-4  payable to or for the benefit of the member's surviving spouse may
   46-5  be distributed over the life of the spouse or over a period not
   46-6  exceeding the life expectancy of the spouse, provided that payment
   46-7  of the benefit begins not later than the date on which the deceased
   46-8  member would have <attached> attained age 70-1/2.  If the surviving
   46-9  spouse dies before distributions to that spouse begin, the
  46-10  five-year rule applies as if the spouse had been the member.
  46-11              (5)  The five-year rule does not apply to distributions
  46-12  payable to a beneficiary over the life or life expectancy of the
  46-13  beneficiary, provided that payment of the benefit begins not later
  46-14  than the first anniversary of the date of the member's death.
  46-15              (6)  In applying the requirements of this subsection,
  46-16  the life expectancy of the member and the member's beneficiary
  46-17  shall be redetermined annually in accordance with regulations under
  46-18  <26 U.S.C.> Section 401(a)(9) of the Code and its subsequent
  46-19  amendments.
  46-20        (p)  <The board may adjust the terms of payment under any
  46-21  form of benefit payment as long as the benefit as adjusted is the
  46-22  actuarial equivalent of the benefit before adjustment.>
  46-23  Forfeitures that may result from the termination of any right of a
  46-24  member may not be used to increase benefits to remaining members.
  46-25  This subsection shall not preclude an increase in benefits by
   47-1  amendment to this Act or action of the retirement board in
   47-2  accordance with subsection (d) of this section that is made
   47-3  possible by forfeitures or for any other reason.
   47-4        Sec. 8.  Disability retirement.  (a)  Only
   47-5  active-contributory members, inactive-contributory members, and
   47-6  members on approved medical leave of absence are eligible for
   47-7  consideration for disability retirement.  Such members may apply
   47-8  for disability retirement at any date prior to their normal
   47-9  retirement date.  Inactive-noncontributory members are not eligible
  47-10  for consideration for disability retirement and may not receive any
  47-11  benefits under this section.
  47-12        (b)  If a member who is eligible for consideration for
  47-13  disability retirement <and who has less than 10 years of creditable
  47-14  service> has become mentally or physically incapacitated for the
  47-15  performance of all employment duties as a direct result of injuries
  47-16  sustained in the performance of the member's employment duties
  47-17  subsequent to the member's effective date of membership in the
  47-18  retirement system, the member may apply for disability retirement.
  47-19  Such application, made by or on behalf of the injured member, shall
  47-20  show that the injury sustained:
  47-21              (1)  was by external and violent means;
  47-22              (2)  came as a direct and proximate result of the
  47-23  performance of the member's employment duties with the <city, a
  47-24  hospital authority, or the board;> employer; and
  47-25              (3)  is likely to be permanent.
   48-1        (c)  On recommendation of the physician or physicians
   48-2  appointed or selected by the retirement board that <an> the
   48-3  eligible member's incapacity is likely to be permanent and after
   48-4  <considering> determining on that basis, or on the basis of any
   48-5  additional evidence which the retirement board deems relevant, that
   48-6  the member meets the requirements of subsection (b) of this
   48-7  section, the retirement board shall award <the> such member a
   48-8  disability retirement allowance.  The decision of the retirement
   48-9  board is final subject to the reexamination, discontinuance and
  48-10  revocation rules at subsections (h) and (i) of this section.
  48-11        (d)  If a member who is eligible for consideration for
  48-12  disability retirement, and who has more than 10 years of creditable
  48-13  service, has become mentally or physically incapacitated for the
  48-14  performance of all employment duties, <the> such member may apply
  48-15  for disability retirement.  The application made on behalf of the
  48-16  disabled member shall show that the incapacity is likely to be
  48-17  permanent.  On recommendation of the physician or physicians
  48-18  appointed or selected by the retirement board that the eligible
  48-19  member's incapacity is likely to be permanent and after
  48-20  <considering> determining on that basis, or on the basis of any
  48-21  additional evidence which the retirement board deems relevant, that
  48-22  the member meets the requirements of this subsection (d) of this
  48-23  section, the retirement board shall award such member a disability
  48-24  retirement allowance.  The decision of the retirement board is
  48-25  final subject to the reexamination, discontinuance and revocation
   49-1  rules at subsections (h) and (i) of this section.
   49-2        (e)  On award of a disability retirement allowance, the
   49-3  member shall receive a disability retirement allowance, beginning
   49-4  on the last day of the month after the month in which the member
   49-5  became disabled, which shall be computed in the same manner that a
   49-6  retirement allowance would be computed at the member's normal
   49-7  retirement date, based on compensation and creditable service at
   49-8  the date of disability retirement, without reduction for early
   49-9  retirement.  The disabled member may choose to receive a life
  49-10  annuity (modified cash refund) or a benefit as described by Section
  49-11  7(f) of this Act as Option I, Option II, Option III, Option IV, or
  49-12  Option VII.
  49-13        (f)  A member receiving a disability retirement allowance
  49-14  will be required to file an annual report with the retirement board
  49-15  concerning continued proof of disability.  The report shall
  49-16  include:
  49-17              (1)  a current statement of the member's physical or
  49-18  mental condition, signed by the member's attending physician; and
  49-19              (2)  a statement of all employment activities pursued
  49-20  in the preceding year.
  49-21        (g)  <The board may verify all information submitted in this
  49-22  report.>  Each calendar year, a disabled member shall file <an> the
  49-23  annual report <not> required by subsection (f) of this section no
  49-24  later than the 60th day after the anniversary date of the member's
  49-25  disability retirement.  The retirement board may verify all
   50-1  information submitted in the report.
   50-2        (h)  The pension officer will be responsible for a yearly
   50-3  report to the retirement board listing those disabled members who
   50-4  should be examined.  The retirement board shall have the right to
   50-5  order an examination of any person on disability retirement once
   50-6  each year until the member reaches the age of 62 years.  If the
   50-7  member refuses to submit to an examination by a physician or
   50-8  physicians appointed by the retirement board or if the member
   50-9  refuses to submit an annual report in accordance with <Subsection>
  50-10  subsection  (g) of this section concerning continued proof of
  50-11  disability, the disability retirement allowance shall be
  50-12  discontinued until such refusal is withdrawn and the member has
  50-13  submitted to an examination <or> and has submitted an annual
  50-14  report.  Should such refusal continue for a period of one year, the
  50-15  disability retirement allowance may be revoked by the retirement
  50-16  board.  If a member's disability retirement allowance has been
  50-17  revoked, the retirement board may reinstate the member's disability
  50-18  retirement allowance on a prospective basis only on the member's
  50-19  full performance of and compliance with all requirements of this
  50-20  section and the retirement board's determination that the member's
  50-21  disability is continuing.
  50-22        (i)  If after investigation of the disabled member's
  50-23  activities or if the annual medical examination shows that the
  50-24  member is no longer physically or mentally incapacitated for the
  50-25  purposes of the performance of employment duties or that such
   51-1  member is engaged in or is able to engage in substantial gainful
   51-2  occupation, as defined by Social Security disability income
   51-3  guidelines, for which he or she is reasonably suited by education,
   51-4  training, or experience, the retirement board <may continue> shall
   51-5  discontinue the disability retirement allowance.  If the disability
   51-6  retirement allowance of a member who had less than 10 years of
   51-7  creditable service is discontinued under this subsection <of
   51-8  Subsection> or subsection (h) of this section and not reinstated,
   51-9  and the member is not reemployed by the <city, a hospital
  51-10  authority, or the board> employer, the member is entitled to any
  51-11  amount by which the sum of the member's accumulated deposits as of
  51-12  the date of disability retirement exceeds the sum of all disability
  51-13  retirement benefits paid to the member by the system.  If the
  51-14  disability retirement allowance of a member <who had 10 years or
  51-15  more of creditable service> is discontinued under this subsection
  51-16  <of Subsection> or subsection (h) of this section<,> and not
  51-17  reinstated, and the member is not reemployed by the <city, a
  51-18  hospital authority, or the board> employer, the member may withdraw
  51-19  any amount by which the sum of the member's accumulated deposits as
  51-20  of the date of the disability retirement exceeds the sum of all
  51-21  disability retirement benefits paid to the member by the system.
  51-22  If <the member> a member who had 10 or more years of creditable
  51-23  service does not withdraw the excess, the member is entitled to a
  51-24  life annuity (modified cash refund) beginning on the first day of
  51-25  the month after the month in which the member's normal retirement
   52-1  date occurs.
   52-2        (j)  If a disabled member returns to active employment
   52-3  service with the <city, a hospital authority, or the board>
   52-4  employer, the disability retirement allowance shall cease.  If the
   52-5  person is reemployed as a regular full-time employee, the person
   52-6  shall be reinstated as an active-contributory member of the system
   52-7  and shall comply with all requirements of this Act.  If reinstated
   52-8  as an active-contributory member, membership service credits
   52-9  accumulated prior to disability shall be restored to the full
  52-10  amount standing to the member's credit as of the date the
  52-11  retirement board found the member eligible for disability
  52-12  retirement, and any prior service credit shall be restored in full.
  52-13  The member is not required to reimburse the fund for any disability
  52-14  retirement allowance amounts received by the member.
  52-15        Sec. 9.  LIMITATIONS ON BENEFITS.  (a)  Notwithstanding any
  52-16  other provisions of this Act, the annual benefit provided with
  52-17  respect to any member may not exceed the lesser of:
  52-18              (1)  $90,000; or
  52-19              (2)  100 percent of the member's compensation averaged
  52-20  over the three consecutive calendar years during which the member
  52-21  had the greates aggregate compensation from the employer.
  52-22        (b)  Benefits provided to a member under this Act and under
  52-23  any other qualified defined benefit plan or plans maintained by the
  52-24  employer shall be aggregated for purposes of determining whether
  52-25  the limitations in subsection (a) are met.  If the aggregate
   53-1  benefits otherwise payable to any member under this Act and any
   53-2  other defined benefit plan or plans maintained by the employer
   53-3  would otherwise exceed the limitations of subsection (a), the
   53-4  reductions in benefits shall be made in the benefits provided under
   53-5  this Act, to the extent necessary to enable each plan or plans to
   53-6  satisfy those limitations, unless the retirement board is informed
   53-7  by the administrator of the other plan that the reductions are
   53-8  required to be made in the other plan.
   53-9        (C)  The maximum benefit otherwise permitted under subsection
  53-10  (a) or (b) of this section is subject to the following adjustments:
  53-11              (1)  If the annual benefit begins before the member
  53-12  attains age 62, the $90,000 limitation, as adjusted, shall be
  53-13  reduced in a manner prescribed by the Secretary of the Treasury.
  53-14  However, that adjustment may not reduce the member's annual benefit
  53-15  below $75,000, if the member's benefit begins after age 55, or the
  53-16  actuarial equivalent of $75,000 beginning at age 55 if benefits
  53-17  begin before age 55.
  53-18              (2)  If the annual benefit begins after the member
  53-19  attains age 65, the $90,000 limitation, as adjusted, will be
  53-20  increased so that it is the actuarial equivalent of the $90,000
  53-21  limitation at age 65.
  53-22              (3)  The portion of a member's benefit that is
  53-23  attributable to the member's own after tax contributions is not
  53-24  part of the annual benefit subject to the limitations of this
  53-25  section.  Instead, the amount of those contributions is treated as
   54-1  an annual addition to a qualified defined contribution plan
   54-2  maintained by the employer.
   54-3        (d)  The $90,000 limitation on annual benefits provided by
   54-4  this section, but not the $75,000 limitation, shall be adjusted
   54-5  annually as provided by Section 415(d) of the Code and the
   54-6  regulations prescribed by the Secretary of the Treasury to reflect
   54-7  cost of living adjustments.  The adjusted limitation is effective
   54-8  as of January 1 of each calendar year.
   54-9        (e)  The limitation provided by this section for a member who
  54-10  has separated from service with a vested right to a pension shall
  54-11  be adjusted annually as provided by Section 415(d) of the Code and
  54-12  the regulations prescribed by the Secretary of the Treasury.
  54-13        (f)  The following interest rate assumptions shall be used in
  54-14  computing the limitations under this section:
  54-15              (1)  For the purpose of determining the portion of the
  54-16  annual benefit that is purchased with employee contributions, the
  54-17  interest rate assumption is 120 percent of the federal mid-term
  54-18  rate, as in effect under Section 1274 of the Code, compounded
  54-19  annually.
  54-20              (2)  For the purpose of adjusting the annual benefit to
  54-21  a straight life annuity, the interest rate assumption is five
  54-22  percent, unless a different rate is required by the Secretary of
  54-23  the Treasury.
  54-24              (3)  For the purpose of adjusting the $90,000
  54-25  limitation after a member attains age 65, the interest rate
   55-1  assumption is five percent, unless a different rate is required by
   55-2  the Secretary of the Treasury, and the mortality decrement shall be
   55-3  ignored to the extent that a forfeiture does not occur at death.
   55-4        (g)  For purposes of this section, an adjustment under
   55-5  Section 415(d) of the Code may not be taken into account before the
   55-6  year for which that adjustment first takes effect.  No adjustment
   55-7  is required for the value of qualified joint and survivor annuity
   55-8  benefits, preretirement death benefits, post retirement medical
   55-9  benefits, or post retirement cost-of-living increases made in
  55-10  accordance with Section 415(d) of the Code and Section 1.415-3(c)
  55-11  of the Income Tax Regulations.
  55-12        (h)  This plan may still pay an annual benefit to any member
  55-13  in excess of the member's maximum annual benefit otherwise allowed
  55-14  if:
  55-15              (1)  the annual benefit derived from the employer's
  55-16  contributions under all qualified plans subject to the limitations
  55-17  of Section 415 of the Code does not in the aggregate exceed $10,000
  55-18  for the year or for any prior year; and
  55-19              (2)  the member has not at any time participated in a
  55-20  defined contribution plan maintained by the employer.
  55-21        For purposes of this subsection, member contributions under
  55-22  the Act are not considered a separate defined contribution plan
  55-23  maintained by the employer.
  55-24        (i)  If a member has less than ten years of creditable
  55-25  service at the time the member begins to receive benefits under the
   56-1  Act, the $90,000 limitation, as adjusted, shall be reduced by
   56-2  multiplying the limitation by a fraction in which the numerator is
   56-3  the number of years of creditable service and the denominator is
   56-4  10; provided, however, that the fraction may not be less than
   56-5  one-tenth.  If the employee has less than 10 years of employment
   56-6  with the employer, the 100 percent limitation of subsection (a)(2)
   56-7  and the $10,000 limitation of this subsection (h) shall be reduced
   56-8  in the same manner as provided in the preceding sentence, except
   56-9  the numerator shall be the number of years of employment with the
  56-10  employer rather than the number of years of creditable service.
  56-11        (j)  If a member is or has been a member in one or more
  56-12  defined contribution plans maintained by the employer, the sum of
  56-13  the defined benefit plan fraction and the defined contribution plan
  56-14  fraction for any year may not exceed 1.0.
  56-15        (k)  For purposes of subsection (j). the defined benefit plan
  56-16  fraction for any year is a fraction in which:
  56-17              (1)  the numerator is the projected annual benefit of a
  56-18  member, determined as of the close of the year pursuant to Section
  56-19  1.415-7(b)(3) of the Income Tax Regulations; and
  56-20              (2)  the denominator is the lesser of:
  56-21                    (A)  the product of 1.25 and the maximum dollar
  56-22  limitation provided by subsection (a)(1) of this section, as
  56-23  adjusted, for the year; or
  56-24                    (B)  the product of 1.4 and the amount that may
  56-25  be taken into account under subsection (a)(2) of this section for
   57-1  the year.
   57-2        (l)  For purposes of subsection (a) of this section the
   57-3  defined contribution plan fraction for any year is a fraction in
   57-4  which:
   57-5              (1)  the numerator is the sum of the annual additions
   57-6  to the member's account as of the close of the year; and
   57-7              (2)  the denominator is the sum of the lesser of the
   57-8  following amounts determined for the year and each prior year of
   57-9  employment with the employer:
  57-10                    (A)  the product of 1.25 and the dollar
  57-11  limitation in effect under Section 415(c)(1)(A) of the Code for the
  57-12  year, determined without regard to Section 415(c)(6) of the Code;
  57-13  or
  57-14                    (B)  the product of 1.4 and the amount that may
  57-15  be taken into account under Section 415(c)(1)(B) of the Code for
  57-16  the year.
  57-17        The annual additions may not be recomputed for years
  57-18  beginning before January 1, 1987 to treat all member contributions
  57-19  as annual additions.
  57-20        (m)  If the sum of the defined benefit plan fraction and the
  57-21  defined contribution plan fraction exceeds 1.0 in any year for any
  57-22  member, the retirement board shall first request the person or
  57-23  persons responsible for the defined contribution plan or plans, to
  57-24  reduce, the annual additions to the member's account to the extent
  57-25  necessary for that year.  If, after limiting to the extent possible
   58-1  the annual additions to the member's account for the year, the sum
   58-2  of the defined benefit plan fraction and the defined contribution
   58-3  plan fraction still exceeds 1.0, the retirement board shall adjust
   58-4  the benefits provided under this Act so that the sum of both
   58-5  fractions shall not exceed 1.0 in any year for the member.
   58-6        (n)  For purposes of determining the limits provided by this
   58-7  section, all qualified defined benefit plans, whether terminated or
   58-8  not, ever maintained by or contributed to by the employer, shall be
   58-9  treated as one defined benefit plan, and all qualified defined
  58-10  contribution plans, whether terminated or not, ever maintained by
  58-11  or contributed to by the employer, shall be treated as one defined
  58-12  contribution plan.
  58-13        (o)  Notwithstanding anything contained in this section to
  58-14  the contrary, the limitations, adjustments, and other requirements
  58-15  prescribed by this Act shall at all times comply with the
  58-16  requirements of Section 415 of the Code and all Regulations
  58-17  promulgated under the Code.  If any provision of Section 415 of the
  58-18  Code is repealed or is not enforced by the Internal Revenue
  58-19  Service, that provision may not reduce the benefits of any member
  58-20  after the effective date of the repeal of the provision or during
  58-21  the period in which the provision is not enforced.
  58-22                          METHOD OF FINANCING
  58-23        Sec. 10. <9>  Method of financing.  (a)  Each
  58-24  active-contributory member shall make deposits to the retirement
  58-25  system at a rate equal to seven percent of the member's
   59-1  compensation, pay, or salary, exclusive of overtime, incentive, or
   59-2  terminal pay<, and disregarding compensation, pay, or salary in any
   59-3  month in excess of $16,666>.  Deposits shall be made by payroll
   59-4  deduction.  If a regular full-time employee works at least 75
   59-5  percent of a normal 40-hour work week but less than the full 40
   59-6  hours, the employee shall make deposits as though working a normal
   59-7  40-hour work week even though the rate of contribution may exceed
   59-8  seven percent of the employee's actual compensation, pay, or
   59-9  salary, and the employee's average final compensation shall be
  59-10  computed on the basis of the compensation, pay, or salary for a
  59-11  normal 40-hour work week.  No deposits may be made nor membership
  59-12  service credit received for periods during which an employee's
  59-13  authorized normal work week is less than <75> seventy-five percent
  59-14  (75%) of a normal 40-hour work week.  A person who is eligible for
  59-15  inactive-contributory membership status and who chooses to be an
  59-16  inactive-contributory member shall make deposits to the retirement
  59-17  system <biweekly> each pay period in an amount that is equal to the
  59-18  amount of the member's deposit for the last complete <biweekly> pay
  59-19  period that the member was employed by the <city, a hospital
  59-20  authority, or the board.  The> employer.  The regular full-time
  59-21  employee members, by a majority vote of all such members voting in
  59-22  favor of an increase in contributions above seven percent, may
  59-23  increase each member's contributions above seven percent in
  59-24  whatever amount the <pension> retirement board recommends.  <The
  59-25  city> Each employer shall contribute amounts equal to seven percent
   60-1  of the compensation, pay, or salary of each active-contributory
   60-2  member and each inactive-contributory member employed by the <city>
   60-3  employer, exclusive of overtime, incentive, or terminal pay<, and
   60-4  disregarding compensation, pay, or salary in any month in excess of
   60-5  $16,666.  If a regular full>. If a regular full-time employee of
   60-6  the <city> employer works at least <75> seventy five percent (75%)
   60-7  of a normal 40-hour work week but less than the full 40 hours, the
   60-8  <city> employer shall make contributions for that employee as
   60-9  though that employee works a normal 40-hour work week even though
  60-10  the rate of contribution may exceed seven percent of that
  60-11  employee's actual compensation, pay, or salary.  The governing body
  60-12  of the city <council> may authorize the city to make additional
  60-13  contributions to the system in whatever amount the <city council
  60-14  may determine.  The board shall pay from the fund contributions in
  60-15  amounts equal to seven percent of the compensation, pay, or salary
  60-16  of each active-contributory member and each inactive-contributory
  60-17  member employed by the board, exclusive of overtime, incentive, or
  60-18  terminal pay, disregarding compensation, pay, or salary in any
  60-19  month in excess of $16,666.  If a regular full-time employee of the
  60-20  board works at least 75 percent of a normal 40-hour work week but
  60-21  less than the full 40 hours, the board shall make contributions for
  60-22  the employee as though the employee works a normal 40-hour work
  60-23  week even though the rate of contribution may exceed seven percent
  60-24  of the employee's actual compensation, pay, or salary.  If the city
  60-25  council> governing body may determine.  If the governing body
   61-1  authorizes additional contributions to the system by the city for
   61-2  city employees, the board of each employer may increase the
   61-3  contributions for <the board> such employer's respective employees
   61-4  by the same percentage.  <Each hospital authority shall contribute
   61-5  amounts equal to seven percent of the compensation, pay, or salary
   61-6  of each active-contributory member and each inactive-contributory
   61-7  member employed by the hospital authority, exclusive of overtime,
   61-8  incentive, or terminal pay, disregarding compensation, pay, or
   61-9  salary in any month in excess of $16,666.  If a regular full-time
  61-10  employee of a hospital authority works at least 75 percent of a
  61-11  normal 40-hour work week but less than the full 40 hours, the
  61-12  hospital authority shall make contributions for that employee as
  61-13  though that employee works a normal 40-hour work week even though
  61-14  the rate of contribution may exceed seven percent of that
  61-15  employee's actual compensation, pay, or salary.  If the city
  61-16  council authorizes additional contributions to the system by the
  61-17  city for city employees, each hospital authority may increase the
  61-18  contributions for the hospital authority employees by the same
  61-19  percentage.  Contributions to the city, a hospital authority, and
  61-20  the board> Employer contributions shall be made each pay period.
  61-21        (b)  In addition to the <contribution> contributions by the
  61-22  city required by <Subsection> subsection (a) of this section, the
  61-23  city shall contribute to the retirement fund each month two-thirds
  61-24  of such amounts as are required for the payment of prior service
  61-25  pensions that are payable during that month, and one-third of each
   62-1  prior service pension payable that month shall be made from Fund
   62-2  No. 2.
   62-3        (c)  <Contributions by the city> Employer contributions shall
   62-4  be paid to the retirement system after appropriation by the <city
   62-5  council> respective governing governing body or board.
   62-6        (d)  Expenses for administration and operation of the
   62-7  retirement system that are approved by the retirement board shall
   62-8  be paid by the retirement board from funds of the retirement
   62-9  system. Such expenses shall include salaries of retirement board
  62-10  employees and fees for actuarial services, legal counsel services,
  62-11  physician services, accountant services, annual audits, investment
  62-12  manager services, investment consultant services, preparation of
  62-13  annual reports, and staff assistance.
  62-14        (e)  <The city shall pick up the city employee contributions
  62-15  to the fund.  The board shall pick up the board employee
  62-16  contributions to the fund.  Each hospital authority shall pick up
  62-17  hospital authority employee contributions to the fund.  Member>
  62-18  Each employer shall pick up the contributions required to be made
  62-19  to the fund by its respective employees.  Active contributory
  62-20  member deposits will be picked up by each employer by a reduction
  62-21  in <their> each such employee's monetary compensation.
  62-22  <Contributions picked up> All such employee contributions shall be
  62-23  treated as employer contributions in accordance with Section
  62-24  414(h)(2) of the <Internal Revenue> Code <of 1986 (26 U.S.C.
  62-25  Section 414(h)(2)> for the purpose of determining tax treatment of
   63-1  the amounts under the <Internal Revenue Code of 1986.  These> Code.
   63-2  Such contributions are not includable in the gross income of the
   63-3  employee until such time as they are distributed or made available
   63-4  to the employee.  <Employee deposits> Each employee deposit picked
   63-5  up as provided by this subsection shall be credited to the
   63-6  individual accumulated deposits account of each <affected> such
   63-7  employee and shall be treated as compensation of <employees> the
   63-8  employee for all other purposes of this <statute> Act and for the
   63-9  purpose of determining contributions to social security.  The
  63-10  provisions of this subsection shall remain in effect as long as the
  63-11  plan covering employees of the <city> employers is a qualified
  63-12  retirement plan under Section 401(a) of the <Internal Revenue> Code
  63-13  <of 1986 (26 U.S.C. Section 401(a)),> and its related trust is tax
  63-14  exempt under Section 501(a) of the <Internal Revenue Code of 1986
  63-15  (26 U.S.C.  Section 501(a)).> Code.
  63-16        (f)  <Before the satisfaction of all liabilities incurred
  63-17  with respect to members and their beneficiaries under this Act, the
  63-18  corpus or income of the fund may not be used for, or diverted to,
  63-19  purposes other than for> Under no circumstances and in no event may
  63-20  any of the contributions and income of the retirement system revert
  63-21  to the employer or otherwise be diverted to or used for any purpose
  63-22  other than the exclusive benefit of the members, retirees and their
  63-23  beneficiaries.  It shall be impossible for the diversion or use
  63-24  prohibited by the preceding sentence to occur, whether by operation
  63-25  or natural termination of the retirement system, by power of
   64-1  revocation or amendment, by the happening of a contingency, by
   64-2  collateral arrangement, or by any other means.
   64-3        Sec. 11. <10.>  INVESTMENTS OF THE RETIREMENT BOARD.
   64-4  (a)  The retirement board shall be the trustee of the funds of the
   64-5  retirement system and shall have full power in its sole discretion
   64-6  to invest and reinvest, alter, and change the form of investment of
   64-7  the funds.  The retirement board shall invest the funds in whatever
   64-8  instrument or investments the retirement board considers prudent.
   64-9  In making investments for the funds, the retirement board shall
  64-10  discharge its duties:
  64-11              (1)  for the exclusive purposes of:
  64-12                    (A)  providing benefits to members and their
  64-13  beneficiaries; and
  64-14                    (B)  defraying reasonable expenses of
  64-15  administering the funds;
  64-16              (2)  with the care, skill, prudence, and diligence
  64-17  under the circumstances then prevailing that a prudent person
  64-18  acting in a like capacity and familiar with such matters would use
  64-19  in the conduct of an enterprise of a like character and with like
  64-20  aims;
  64-21              (3)  by diversifying the investments of the funds to
  64-22  minimize the risk of large losses, unless under the circumstances
  64-23  it is clearly prudent not to do so; and
  64-24              (4)  in accordance with the laws, documents, and
  64-25  instruments governing the funds.
   65-1        (b)  A member of the retirement board is not liable for any
   65-2  losses incurred in the investment of the fund in accordance with
   65-3  this section.
   65-4        (c)  No member of the retirement board and no employee of the
   65-5  retirement board, except as herein provided, shall have any
   65-6  interest, directly or indirectly, in the funds or receive any pay
   65-7  or emolument for his or her services.  No member of the retirement
   65-8  board or employee thereof shall, directly or indirectly, for
   65-9  himself or herself or as an agent, in any manner use the funds or
  65-10  deposits of the retirement system except to make such current and
  65-11  necessary payments as are authorized by the retirement board, nor
  65-12  shall any member or employee of the retirement board become an
  65-13  endorser or surety or in any manner an <obligator> obligor for
  65-14  money loaned by or borrowed from the <board> retirement system.
  65-15        (d)  Subject to the exceptions provided by this subsection,
  65-16  the funds or money mentioned in this Act are not assignable and are
  65-17  not subject to execution, levy, attachment, garnishment, the
  65-18  operation of bankruptcy or insolvency law, or any other process of
  65-19  law whatsoever.  This subsection does not apply to a qualified
  65-20  domestic relations order.  The retirement board shall establish <a>
  65-21  written <procedure> procedures to determine the qualified status of
  65-22  domestic relations orders and to administer distributions under
  65-23  those orders.  To the extent necessary to authorize distributions
  65-24  pursuant to a qualified domestic relations order, a former spouse
  65-25  of a member will be treated as the spouse or surviving spouse of
   66-1  the member.
   66-2        (e)  Subject to the exceptions provided by this subsection,
   66-3  the right of a member to a pension, an annuity, a disability
   66-4  retirement allowance, or a retirement allowance, to the return of
   66-5  accumulated deposits, the pension, annuity, or retirement allowance
   66-6  itself, any optional benefit or death benefits, any other right
   66-7  accrued or accruing to any person under the provisions of this Act
   66-8  <are> is unassignable and <are> is not subject to execution, levy,
   66-9  attachment, garnishment, the operation of bankruptcy or insolvency
  66-10  law, or any other process of law whatsoever.  This subsection does
  66-11  not apply to a qualified domestic relations order.
  66-12        (f)  If the retirement board makes an election to have
  66-13  Subchapters A and C of Chapter 804, Government <Code,1> Code, and
  66-14  their subsequent amendments, apply to the system, the death of an
  66-15  alternate payee, as defined by Section 804.001, Government Code,
  66-16  and its subsequent amendments, or the death of a member's spouse
  66-17  terminates any interest of the alternate payee or spouse that would
  66-18  otherwise exist under this Act, except an interest accrued by that
  66-19  person as a member.
  66-20        Sec. 12. <11>  Miscellaneous.  (a)  A person who with intent
  66-21  to deceive makes any statement or report required under this Act
  66-22  which is untrue or falsifies or knowingly permits to be falsified
  66-23  any record or records of the retirement system shall forfeit any
  66-24  office or rights held by the person under the system, and such
  66-25  deception, falsification, or acquiescence in falsification is
   67-1  deemed a Class B misdemeanor.
   67-2        (b)  If any change or error in the records of the retirement
   67-3  system is discovered or results in any member, surviving spouse, or
   67-4  beneficiary receiving from the retirement system more or less than
   67-5  the member, surviving spouse, or beneficiary would have been
   67-6  entitled to receive had the records been correct, the retirement
   67-7  board shall have the power to correct such error and as far as
   67-8  possible to adjust the payments in such a manner that the actuarial
   67-9  equivalent of the benefits to which the member, surviving spouse,
  67-10  or beneficiary was correctly entitled shall be paid.
  67-11        (c)  On the full or partial termination of the retirement and
  67-12  pensioning system, or on the complete discontinuance of
  67-13  contributions by <the city, all hospital authorities, and the
  67-14  board> all employers under this Act, the retirement allowance of
  67-15  <a> each affected member who is employed by <the city, a hospital
  67-16  authority, or the board> an employer on the date of termination is
  67-17  determined by reference to the member's average final compensation
  67-18  and creditable service determined as of the date of termination or
  67-19  partial termination of the system or the date of discontinuance of
  67-20  deposits as if the member had attained normal retirement age on
  67-21  that date, and such amount shall become nonforfeitable to the
  67-22  extent then funded.   This subsection does not accelerate the date
  67-23  on which the payment of that benefit would otherwise begin.
  67-24        (d)  <A member who is entitled to a benefit, including a
  67-25  benefit consisting solely of a distribution of the member's
   68-1  accumulated deposits, from the system may instruct the system to
   68-2  pay the single lump-sum> Any other provision in this Act to the
   68-3  contrary, in the event of a termination of the retirement and
   68-4  pensioning system, the benefit of any highly compensated employee
   68-5  or former employee is limited to a benefit that is
   68-6  nondiscriminatory under Section 401(a)(4) of the Code.  Benefits
   68-7  distributed to any of the twenty five (25) most highly compensated
   68-8  active and former highly compensated employees are restricted such
   68-9  that the annual payments are no greater than an amount equal to the
  68-10  payment that would be made on behalf of an employee under a single
  68-11  life annuity that is the actuarial equivalent of <that benefit
  68-12  directly to>:
  68-13              <(1)  another trust forming part of a pension,
  68-14  profit-sharing, or stock bonus plan maintained by that member's new
  68-15  employer and represented by that employer in writing as meeting the
  68-16  requirements of 26 U.S.C. Section 401(a) and its subsequent
  68-17  amendments, subject to the acceptance by the trust to which those
  68-18  transfers are made of those transfers; or>
  68-19              <(2)  an eligible transferee plan in accordance with the
  68-20  federal Unemployment Compensation Amendments of 1992 (Pub. L. No.
  68-21  102-318) and its subsequent amendments governing direct rollovers
  68-22  of eligible rollover distributions from qualified retirement plans.>
  68-23        <(e)  This Act does not grant a contract of employment between
  68-24  a member and the city, a hospital authority, or the board.
  68-25  Severability> the sum of the employee's accrued benefit and the
   69-1  employee's other benefits under the plan.  The preceding sentence
   69-2  shall not apply if: (1) after payment of the benefit to an employee
   69-3  described in that sentence, the value of plan assets equals or
   69-4  exceeds 110% of the value of the current liabilities, as defined in
   69-5  Section 412(l)(7) of the Code, or (2) the value of the benefits for
   69-6  an employee described in that paragraph is less than one percent
   69-7  (1%) of the value of current liabilities.  For purposes of this
   69-8  subsection, benefit includes loans in excess of the amount set
   69-9  forth in Section 72(p)(2)(A) of the Code, any periodic income, any
  69-10  withdrawal values payable to a living employee and any death
  69-11  benefits not provided for by insurance on the employee's life.
  69-12        (e)  Notwithstanding any provision of this Act to the
  69-13  contrary that would otherwise limit a distributee's election, a
  69-14  distributee may elect, at the time and in the manner prescribed by
  69-15  the retirement board, to have any portion of an eligible rollover
  69-16  distribution paid directly to an eligible retirement plan specified
  69-17  by the distributee in a direct rollover.
  69-18        For purposes of this subsection (e) of this Section:
  69-19              (1)  An eligible rollover distribution is any
  69-20  distribution of all or any portion of the balance to the credit of
  69-21  the distributee, except that an eligible rollover distribution does
  69-22  not include: (1) any distribution that is one of a series of
  69-23  substantially equal periodic payments (not less frequently than
  69-24  annually) made over the life (or life expectancy) of the
  69-25  distributee or the joint lives (or joint life expectancies) of the
   70-1  distributee and the distributee's designated beneficiary; (2) any
   70-2  series of payments for a specified period of ten years or more; (3)
   70-3  any distribution to the extent such distribution is required under
   70-4  Section 401(a)(9) of the Code; or (4) the portion of any
   70-5  distribution that is not includible in gross income (determined
   70-6  without regard to the exclusion for net unrealized appreciation
   70-7  with respect to employer securities).
   70-8              (2)  An "eligible retirement plan" is an individual
   70-9  retirement account described in Section 408(a) of the Code, an
  70-10  individual retirement annuity described in Section 408(b) of the
  70-11  Code, an annuity plan described in Section 403(a) of the Code, or a
  70-12  qualified trust described in Section 401(a) of the Code, that
  70-13  accepts the distributee's eligible rollover distribution.  However,
  70-14  in the case of an eligible rollover distribution to the surviving
  70-15  spouse, an eligible retirement plan is an individual retirement
  70-16  account or individual retirement annuity only.
  70-17              (3)  A "distributee" includes an employee or former
  70-18  employee.  In addition, the employee's or former employee's
  70-19  surviving spouse and the employee's or former employee's spouse or
  70-20  former spouse who is the alternate payee under a qualified domestic
  70-21  relations order, as defined in Section 414(p) of the Code, are
  70-22  distributees with regard to the interest of the spouse or the
  70-23  former spouse.
  70-24              (4)  A "direct rollover" is a payment by the retirement
  70-25  system to the eligible retirement plan specified by the
   71-1  distributee.
   71-2        (f) <SECTION 11.  (a)> (1)  Retirement allowances being paid
   71-3  by the retirement and pensioning system created by Chapter 451,
   71-4  Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n,
   71-5  Vernon's Texas Civil Statutes), to members of the retirement
   71-6  system, or to the beneficiaries of those members, who retired
   71-7  before the effective date of this Act <December 1, 1989,> are
   71-8  increased beginning with the payments due at the end of October
   71-9  1995 <September in 1993>.
  71-10              (2)  The amount of the increase for a member, or the
  71-11  beneficiary of the member, is by a percentage equal to:
  71-12                    A. <(1)> 2.3  <2.2>  percent divided by the
  71-13  retirement formula in effect on the date of the member's
  71-14  retirement;
  71-15                    B. <(2)>  minus one; and
  71-16                    C. <(3)>  multiplied by 100.
  71-17        (g) <SECTION 12.  (a)> (1)  The changes in law made by H.B.
  71-18  2799, Acts of the 73rd Legislature, Regular Session, 1993, <this
  71-19  Act> to Section 5(e), Chapter 451, Acts of the 72nd Legislature,
  71-20  Regular Session, 1991 (Article 6243n, Vernon's Texas Civil
  71-21  Statutes), <as redesignated by this Act,> permit a member who,
  71-22  before July 1, 1993, reinstated any portion of the member's
  71-23  membership service or prior service under a city ordinance that was
  71-24  in effect before July 1, 1993, to reinstate any membership service
  71-25  or prior service to which the member was not entitled to reinstate
   72-1  under that city ordinance.
   72-2              (2) <(b)>  The changes in law made by H.B. 2799, Acts
   72-3  of the 73rd Legislature, Regular Session, 1993, <this Act> to
   72-4  Section 7, Chapter 451, Acts of the 72nd Legislature, Regular
   72-5  Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes), apply
   72-6  only to an option election or beneficiary designation made on or
   72-7  after July 1, 1993 <the effective date of this Act> is governed by
   72-8  the law in effect at the time the election or designation was made,
   72-9  and that law is continued in effect for this purpose only.
  72-10        Sec. 13.  CONFIDENTIALITY.  (a)  Information contained in
  72-11  records that are in the custody of the retirement board or the
  72-12  system concerning an individual member, retiree, annuitant,
  72-13  beneficiary, or alternate payee is confidential under this section
  72-14  14 and may not be disclosed in a form indentifiable with a specific
  72-15  individual unless:
  72-16              (1)  the information is disclosed to:
  72-17                    (A)  the individual or the individual's attorney,
  72-18  guardian, executor, administrator, conservator, or other person who
  72-19  the pension officer determines is acting in the interest of the
  72-20  individual or the individual's estate;
  72-21                    (B)  a spouse or former spouse of the individual
  72-22  if the pension officer determines that the information is relevant
  72-23  to the spouse's or former spouse's interest in member accounts,
  72-24  benefits, or other amounts payable by the retirement system;
  72-25                    (C)  a governmental official or employee if the
   73-1  pension officer determines that disclosure of the information
   73-2  requested is reasonably necessary to the performance of the duties
   73-3  of the official or employee;
   73-4                    (D)  the individual's employer as defined in this
   73-5  Act; or
   73-6                    (E)  a person authorized by the individual in
   73-7  writing to receive the information; or
   73-8              (2)  the information is disclosed pursuant to a
   73-9  subpoena and the pension officer determines that the individual
  73-10  will have a reasonable opportunity to contest the subpoena.
  73-11        (b)  This section does not prevent the disclosure of the
  73-12  status or identity of an individual as a member, former member,
  73-13  retiree, deceased member or retiree, beneficiary, or alternate
  73-14  payee of the retirement system.
  73-15        (c)  The pension officer may designate other employees of the
  73-16  retirement system to make the necessary determinations under
  73-17  Subsection (a).
  73-18        (d)  A determination and disclosure under Subsection (a) may
  73-19  be made without notice to the individual member, retiree,
  73-20  annuitant, beneficiary, or alternate payee.
  73-21        Sec. 14. <12>  Severability.  If any provision, section,
  73-22  part, subsection, sentence, clause, phrase, or paragraph of this
  73-23  Act is declared invalid or unconstitutional, the same shall not
  73-24  affect any other portion or provision hereof and all other
  73-25  provisions shall remain valid and unaffected by any invalid
   74-1  portion, if any.
   74-2        Sec. 15. <13>  Savings clause.  The provisions of this Act
   74-3  shall be cumulative of and in addition to all laws relating to
   74-4  pensions, which laws are hereby preserved and continued in full
   74-5  force and effect, provided that in the event of conflict, expressly
   74-6  excluding any statutes relating to federal tax exemption, the
   74-7  provisions of this Act control, and employee pensions in a city
   74-8  covered by this Act shall be administered in accordance with this
   74-9  Act.
  74-10        SECTION 2.  This Act takes effect October 1, 1995, unless
  74-11  otherwise provided in Section 3.
  74-12        SECTION 3.  The importance of this legislation and the
  74-13  crowded condition of the calendars in both houses create an
  74-14  emergency and an imperative public necessity that the
  74-15  constitutional rule requiring bills to be read on three several
  74-16  days in each house be suspended, and this rule is hereby suspended,
  74-17  and that this Act take effect and be in force according to its
  74-18  terms, and it is so enacted.