By:  Montford                                          S.B. No. 449
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to membership in, contributions to, and administration of
    1-2  local retirement systems for fire fighters.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 3,  Texas Local Fire Fighters Retirement
    1-5  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
    1-6  adding Subsection (e) to read as follows:
    1-7        (e)  In addition to the other applicability of this Act, this
    1-8  Act applies to a political subdivision outside the boundaries of a
    1-9  municipality that has a regularly organized fire department not
   1-10  consisting exclusively of volunteers, except a political
   1-11  subdivision whose fire department is governed by another state law
   1-12  providing for retirement benefits for fire department personnel.
   1-13  If the political subdivision's fire department consists partly of
   1-14  volunteers eligible to participate in the program provided by
   1-15  Chapter 269, Acts of the 65th Legislature, Regular Session, 1977
   1-16  (Article 6243e.3, Vernon's Texas Civil Statutes),  and partly of
   1-17  employees, this Act applies to fire department personnel who are
   1-18  employees.
   1-19        SECTION 2.  Section 27, Texas Local Fire Fighters Retirement
   1-20  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   1-21  read as follows:
   1-22        Sec. 27.  Investment of assets. (a)  A board of trustees
   1-23  established under this Act shall keep a sufficient amount of cash
   1-24  on hand to make payments as they become due under the retirement
    2-1  system.  If a board determines that the fund of its retirement
    2-2  system contains an amount in excess of the amount needed to make
    2-3  payments as they become due, the board may invest any portion of
    2-4  the excess <in:>
    2-5              <(1)  bonds or other interest-bearing obligations and
    2-6  securities of the United States, the state, or a political
    2-7  subdivision of the state;>
    2-8              <(2)  shares and share accounts of savings and loan
    2-9  associations to the extent that the shares and share accounts are
   2-10  insured by the Federal Savings and Loan Insurance Corporation;>
   2-11              <(3)  first-lien real estate mortgage securities
   2-12  insured by the Federal Housing Administration;>
   2-13              <(4)  bonds of companies incorporated within the United
   2-14  States;>
   2-15              <(5)  common and preferred stocks of companies
   2-16  incorporated within the United States that, unless the stocks are
   2-17  bank or insurance stocks, are listed on an exchange registered with
   2-18  the Securities and Exchange Commission or its successor;>
   2-19              <(6)  guaranteed investment contracts offered by
   2-20  insurance companies;>
   2-21              <(7)  money market funds;>
   2-22              <(8)  mutual funds and other pooled funds;>
   2-23              <(9)  international stocks traded as American
   2-24  depository receipts; and>
   2-25              <(10)  over-the-counter stocks>.
   2-26        (b)  In making investments for a retirement system, its board
   2-27  of trustees shall exercise the judgment and care, under the
    3-1  circumstances prevailing at the time of the investment, that
    3-2  persons of ordinary prudence, discretion, and intelligence exercise
    3-3  in the management of their own affairs, not in speculation but when
    3-4  making a permanent disposition of their funds, considering the
    3-5  probable income from the disposition and the probable safety of
    3-6  their capital.
    3-7        (c)  <At any particular time, not more than 60 percent of the
    3-8  book value of the assets of a fund may be invested in corporate
    3-9  stocks.  A board of trustees established under this Act may not
   3-10  invest in the stock or bonds of one corporation more than five
   3-11  percent of the book value of the assets of a fund.  A retirement
   3-12  system may not own more than five percent of the voting stock of
   3-13  one corporation.>
   3-14        <(d)  After August 31, 1991, a board of trustees established
   3-15  under this Act may not acquire an investment in a bank or other
   3-16  financial institution that directly or through a subsidiary has a
   3-17  loan outstanding to the government of the Republic of South Africa
   3-18  or to an instrumentality of that government.>
   3-19        <(e)>  A board of trustees established under this Act shall
   3-20  adopt a written investment policy stating how assets of the
   3-21  retirement system that it administers may be invested.
   3-22        SECTION 3.  Subsection (e), Section 29, Texas Local Fire
   3-23  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   3-24  Statutes), is amended to read as follows:
   3-25        (e)  Each person who is a member of a retirement system as a
   3-26  current fire department volunteer shall contribute to the system an
   3-27  annual amount <of not less than $3 nor more than $5.  The amount
    4-1  must be> determined by majority vote by secret ballot of the
    4-2  volunteers of the department who are participating members of the
    4-3  retirement system.  A municipality may at any time make the member
    4-4  contributions required under this subsection on behalf of its
    4-5  volunteers and any other contributions the municipality chooses to
    4-6  make to the retirement system.
    4-7        SECTION 4.  Subdivisions (1), (2), and (8), Section 2, Texas
    4-8  Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas
    4-9  Civil Statutes), are amended to read as follows:
   4-10              (1)  "Contribution" means an amount of money paid by a
   4-11  municipality or other political subdivision to a retirement system
   4-12  or required to be paid periodically to a retirement system by or on
   4-13  behalf of a member of the retirement system for the purpose of
   4-14  financing benefits payable by the system.
   4-15              (2)  "Employee" means a person who regularly performs
   4-16  services for a fire department, who is a member of the retirement
   4-17  system that includes the fire department, and who regularly
   4-18  receives compensation for those services of at least $200 a month.
   4-19  The term includes a person described by Subsection (d) of Section 9
   4-20  of this Act who regularly receives compensation by the municipality
   4-21  or other political subdivision of at least $200 a month.
   4-22              (8)  "Volunteer" means a person who regularly performs
   4-23  services for a fire department, who is a member of the retirement
   4-24  system that includes the fire department, and who either receives
   4-25  no compensation for those services or regularly receives
   4-26  compensation for those services of less than $200 a month.  The
   4-27  term includes a person described by Subsection (d) of Section 9 of
    5-1  this Act who either receives no compensation for service to a
    5-2  municipality or other political subdivision or regularly receives
    5-3  compensation for that service of less than $200 a month.
    5-4        SECTION 5.  Section 4, Texas Local Fire Fighters Retirement
    5-5  Act (Article 6243e, Vernon's  Texas Civil Statutes), is amended to
    5-6  read as follows:
    5-7        Sec. 4.  RETIREMENT SYSTEM AND TRUST FUND.  A fire fighters'
    5-8  retirement system and trust fund are established in each
    5-9  municipality or other political subdivision to which this Act
   5-10  applies.  The board of trustees of each retirement system
   5-11  established by this Act shall hold or cause to be held in trust the
   5-12  assets appropriated or dedicated to the system or fund, separate
   5-13  from other money or accounts administered by the board of trustees
   5-14  or the municipality or other political subdivision, for the
   5-15  exclusive benefit of the members and retirees of the system and
   5-16  their beneficiaries.
   5-17        SECTION 6.  Subsection (b), Section 11, Texas Local Fire
   5-18  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   5-19  Statutes), is amended to read as follows:
   5-20        (b)  If a person makes the deposit described by Subsection
   5-21  (a) of this section, the municipality or other political
   5-22  subdivision served by the fire department that employs the person
   5-23  shall deposit with the retirement system an amount determined by
   5-24  the board that is equal to the sum of:
   5-25              (1)  the amount that the municipality or other
   5-26  political subdivision would have contributed to the system if the
   5-27  person's previous fire department service had been performed for
    6-1  the department by which the person is employed, computed on the
    6-2  <municipality> contribution rate of the municipality or other
    6-3  political subdivision in effect in the retirement system at the
    6-4  time the service was performed and on the person's compensation for
    6-5  the previous service; and
    6-6              (2)  interest on the amount described by Subdivision
    6-7  (1) of this subsection at the rate of eight percent, compounded
    6-8  annually, from the date the service was performed to the date of
    6-9  deposit.
   6-10        SECTION 7.  Subsection (f), Section 18, Texas Local Fire
   6-11  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   6-12  Statutes), is amended to read as follows:
   6-13        (f)  A board of trustees established under this Act may
   6-14  designate a bank or, as applicable, the chief <municipal> financial
   6-15  officer of the municipality or other political subdivision or the
   6-16  secretary-treasurer of the board to be custodian of the assets of
   6-17  the retirement system.  If the chief <municipal> financial officer
   6-18  or the secretary-treasurer of the board is designated custodian,
   6-19  the person's official bond and oath of office are conditioned
   6-20  additionally on the faithful performance of the person's duties as
   6-21  custodian of the assets of the retirement system.
   6-22        SECTION 8.  Subsections (a) and (b), Section 19, Texas Local
   6-23  Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   6-24  Statutes), are amended to read as follows:
   6-25        (a)  In each municipality and other political subdivision to
   6-26  which this Act applies and that has a fire department that does not
   6-27  consist exclusively of volunteers, the fire fighters' retirement
    7-1  system is governed by a board of trustees consisting of:
    7-2              (1)  the mayor of the municipality or the mayor's
    7-3  designated representative or the chief operating officer of the
    7-4  political subdivision or the chief operating officer's designated
    7-5  representative, as applicable;
    7-6              (2)  the chief <municipal> financial officer of the
    7-7  municipality or other political subdivision or, if there is no
    7-8  officer denominated as chief financial officer, the person who
    7-9  performs the duties of chief <municipal> financial officer or a
   7-10  person designated by the chief <municipal> financial officer or by
   7-11  the person performing the duties of chief <municipal> financial
   7-12  officer;
   7-13              (3)  three members of the retirement system elected by
   7-14  participating members as provided by Subsection (b) of this
   7-15  section; and
   7-16              (4)  two residents of the municipality or other
   7-17  political subdivision who are not officers or employees of the
   7-18  municipality or other political subdivision and who are elected by
   7-19  a majority vote of the members of the board of trustees determined
   7-20  as provided by Subdivisions (1), (2), and (3) of this subsection.
   7-21        (b)  During each period that begins on December 1 of one year
   7-22  and ends on January 31 of the following year, the participating
   7-23  members of a fire fighters' retirement system in a municipality or
   7-24  other political subdivision subject to this section shall elect by
   7-25  secret ballot and certify to the governing body of the municipality
   7-26  or other political subdivision a member to the board of trustees to
   7-27  serve a term of three years.  To be elected a member of a board of
    8-1  trustees under this subsection, a person must be a member of the
    8-2  retirement system and receive a majority of the votes cast in the
    8-3  election, and at least 50 percent of all participating members of
    8-4  the retirement system must vote in the election.
    8-5        SECTION 9.  Subsection (b), Section 24, Texas Local Fire
    8-6  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
    8-7  Statutes), is amended to read as follows:
    8-8        (b)  The cost of an audit may be paid by the municipality or
    8-9  other political subdivision or from the assets of the fund.
   8-10        SECTION 10.  Section 26, Texas Local Fire Fighters Retirement
   8-11  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   8-12  read as follows:
   8-13        Sec. 26.  GIFTS ACCEPTED FROM ANY SOURCE.  The board of
   8-14  trustees of a retirement system established under this Act is
   8-15  authorized to accept and receive for the use and benefit of the
   8-16  fund, in addition to member contributions and <municipality>
   8-17  contributions of the municipality or other political subdivision,
   8-18  gifts of money from any source.
   8-19        SECTION 11.  Subsection (g), Section 28, Texas Local Fire
   8-20  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   8-21  Statutes), is amended to read as follows:
   8-22        (g)  The cost of investment managing or counseling services
   8-23  may be paid by the municipality or other political subdivision or
   8-24  from the assets of the fund.
   8-25        SECTION 12.  Subsections (a), (b), (c), and (d), Section 29,
   8-26  Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's
   8-27  Texas Civil Statutes), are amended to read as follows:
    9-1        (a)  Each person who is a member of a retirement system as a
    9-2  current fire department employee shall make contributions to the
    9-3  system.  Except as provided by Subsection (d) of this section, a
    9-4  contribution required under this subsection is computed on the
    9-5  employee's periodic compensation at a rate determined by majority
    9-6  vote of the employees of the department who are members, at an
    9-7  election by secret ballot at which at least 50 percent of those
    9-8  employees vote.  Except as provided by Section 30 of this Act, the
    9-9  payroll officer of the municipality or other political subdivision
   9-10  shall deduct the contributions required under this subsection each
   9-11  payroll period and submit them to the retirement system.
   9-12        (b)  A municipality or other political subdivision that has
   9-13  employees who are participating members of a retirement system
   9-14  shall make contributions to the system each payroll period.  Except
   9-15  as provided by Subsection (d) of this section, contributions
   9-16  required under this subsection are computed on the total
   9-17  compensation paid to the employees who are participating members of
   9-18  the system.  A municipality or other political subdivision is
   9-19  required to make contributions under this subsection at the same
   9-20  rate paid by employees or nine percent, whichever is the smaller
   9-21  rate.  The governing body of a municipality or other political
   9-22  subdivision by ordinance may adopt a rate of employer contributions
   9-23  that is greater than the rate required by this subsection.
   9-24        (c)  Contributions by a municipality or other political
   9-25  subdivision <Municipal contributions> determined under Subsection
   9-26  (b) or (d) of this section are payable each payroll period to the
   9-27  retirement system.
   10-1        (d)  Contributions required under Subsections (a) and (b) of
   10-2  this section are computed on the average compensation of all
   10-3  employees of the department for the preceding year, if this method
   10-4  of computation is adopted by majority vote of the employees of the
   10-5  department who are members, at an election by secret ballot at
   10-6  which at least 50 percent of the participating members vote, and is
   10-7  also adopted by ordinance of the governing body of the municipality
   10-8  or other political subdivision.  The average compensation of
   10-9  department employees shall be computed for each 12-month period as
  10-10  determined by the board of trustees.
  10-11        SECTION 13.  Section 30, Texas Local Fire Fighters Retirement
  10-12  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
  10-13  read as follows:
  10-14        Sec. 30.  PICK UP OF EMPLOYEE CONTRIBUTIONS.  (a)  A
  10-15  municipality or other political subdivision may pick up the
  10-16  employee contributions required by Subsection (a) of Section 29 of
  10-17  this Act for all compensation that is earned by participating
  10-18  members of the retirement system on or after the effective date of
  10-19  the pick up.  Employee contributions picked up as provided by this
  10-20  section are in lieu of deductions of employee contributions from
  10-21  paychecks or warrants and shall be paid by the municipality or
  10-22  other political subdivision to the retirement system from the same
  10-23  source of funds  that is used in paying compensation to the
  10-24  members.  A pick up of employee contributions shall be accompanied
  10-25  by a reduction in the compensation of members, an offset against a
  10-26  future increase in member compensation, or a combination of
  10-27  compensation reduction and offset against a compensation increase.
   11-1  Unless otherwise determined by the governing body of the
   11-2  municipality or other political subdivision and approved by
   11-3  majority vote of the participating members at an election by secret
   11-4  ballot, a pick up of contributions results in a corresponding
   11-5  reduction in compensation.
   11-6        (b)  Contributions picked up as provided by this section
   11-7  shall be treated as employer contributions in determining tax
   11-8  treatment of the amounts under the Internal Revenue Code of 1986.
   11-9  Each municipality or other political subdivision picking up
  11-10  contributions shall continue, however, to compute federal income
  11-11  tax withholding as if these contributions were employee wages until
  11-12  the first payroll period that begins after the date the fire
  11-13  fighters' pension commissioner files with the secretary of state a
  11-14  notice stating  that the United States Internal Revenue Service has
  11-15  determined or a federal court has ruled that under Section 414(h),
  11-16  Internal Revenue Code of 1986 (26 U.S.C.  Section 414(h)), the
  11-17  contributions are not includable in the gross income of a member
  11-18  until they are distributed or made available.  Employee
  11-19  contributions picked up as provided by this  section shall be
  11-20  deposited to the credit of the individual account of each affected
  11-21  member and shall be treated for all other purposes of this Act as
  11-22  if the contributions had been deducted from the compensation of
  11-23  members.  Picked up contributions are not includable in a
  11-24  computation of <municipal> contribution rates of the municipality
  11-25  or other political subdivision.
  11-26        (c)  A pick up of employee contributions takes effect in a
  11-27  municipality or other political subdivision on January 1 of the
   12-1  year following the year in which:
   12-2              (1)  the governing body of the municipality or other
   12-3  political subdivision by ordinance has adopted the pick up;
   12-4              (2)  the pick up has been approved by majority vote of
   12-5  the participating members of the retirement system at an election
   12-6  by secret ballot at which at least 50 percent of the participating
   12-7  members vote; and
   12-8              (3)  the fire fighters' pension commissioner has filed
   12-9  with the secretary of state a notice stating that the United States
  12-10  Internal Revenue Service has issued a determination that the plan
  12-11  covering employees of the municipality or other political
  12-12  subdivision is a qualified retirement plan under Section 401(a),
  12-13  Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)), and that
  12-14  its related trust is tax exempt under Section 501(a) of that code
  12-15  (26 U.S.C. Section 501(a)).
  12-16        (d)  A pick up of employee contributions is terminated in a
  12-17  municipality or other political subdivision on January 1 of the
  12-18  year following the year in which:
  12-19              (1)  the termination has been approved by a two-thirds
  12-20  vote of the participating members of the retirement system at an
  12-21  election by secret ballot at which at least 50 percent of the
  12-22  participating members vote; and
  12-23              (2)  the governing body of the municipality or other
  12-24  political subdivision has repealed the ordinance that adopted the
  12-25  pick up of employee contributions.
  12-26        SECTION 14.  The importance of this legislation and the
  12-27  crowded condition of the calendars in both houses create an
   13-1  emergency and an imperative public necessity that the
   13-2  constitutional rule requiring bills to be read on three several
   13-3  days in each house be suspended, and this rule is hereby suspended,
   13-4  and that this Act take effect and be in force from and after its
   13-5  passage, and it is so enacted.