By Montford                                            S.B. No. 449
       74R1459 CAS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating  to membership in, contributions to, and administration of
    1-3  local retirement systems for fire fighters.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 3,  Texas Local Fire Fighters Retirement
    1-6  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended by
    1-7  adding Subsection (e) to read as follows:
    1-8        (e)  In addition to the other applicability of this Act, this
    1-9  Act applies to a political subdivision outside the boundaries of a
   1-10  municipality that has a regularly organized fire department not
   1-11  consisting exclusively of volunteers, except a political
   1-12  subdivision whose fire department is governed by another state law
   1-13  providing for retirement benefits for fire department personnel.
   1-14  If the political subdivision's fire department consists partly of
   1-15  volunteers eligible to participate in the program provided by
   1-16  Chapter 269, Acts of the 65th Legislature, Regular Session, 1977
   1-17  (Article 6243e.3, Vernon's Texas Civil Statutes),  and partly of
   1-18  employees, this Act applies to fire department personnel who are
   1-19  employees.
   1-20        SECTION 2.  Section 27(a), Texas Local Fire Fighters
   1-21  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
   1-22  amended to read as follows:
   1-23        (a)  A board of trustees established under this Act shall
   1-24  keep a sufficient amount of cash on hand to make payments as they
    2-1  become due under the retirement system.  If a board determines that
    2-2  the fund of its retirement system contains an amount in excess of
    2-3  the amount needed to make payments as they become due, the board
    2-4  may invest any portion of 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>.  In making an
   2-26  investment under this subsection, the board shall exercise the
   2-27  judgment and care, under the circumstances prevailing at the time,
    3-1  that a person of ordinary prudence, discretion, and intelligence
    3-2  exercises in the management of the person's own affairs, not in
    3-3  regard to speculation, but in regard to the permanent disposition
    3-4  of the person's funds, considering the probable income from the
    3-5  investment as well as the probable safety of the capital.
    3-6        SECTION 3.  Section 29(e), Texas Local Fire Fighters
    3-7  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
    3-8  amended to read as follows:
    3-9        (e)  Each person who is a member of a retirement system as a
   3-10  current fire department volunteer shall contribute to the system an
   3-11  annual amount <of not less than $3 nor more than $5.  The amount
   3-12  must be> determined by majority vote by secret ballot of the
   3-13  volunteers of the department who are participating members of the
   3-14  retirement system.  A municipality may at any time make the member
   3-15  contributions required under this subsection on behalf of its
   3-16  volunteers and any other contributions the municipality chooses to
   3-17  make to the retirement system.
   3-18        SECTION 4.  Sections 2(1), (2), and (8), Texas Local Fire
   3-19  Fighters Retirement Act (Article 6243e, Vernon's Texas Civil
   3-20  Statutes), are amended to read as follows:
   3-21              (1)  "Contribution" means an amount of money paid by a
   3-22  municipality or other political subdivision to a retirement system
   3-23  or required to be paid periodically to a retirement system by or on
   3-24  behalf of a member of the retirement system for the purpose of
   3-25  financing benefits payable by the system.
   3-26              (2)  "Employee" means a person who regularly performs
   3-27  services for a fire department, who is a member of the retirement
    4-1  system that includes the fire department, and who regularly
    4-2  receives compensation for those services of at least $200 a month.
    4-3  The term includes a person described by Subsection (d) of Section 9
    4-4  of this Act who regularly receives compensation by the municipality
    4-5  or other political subdivision of at least $200 a month.
    4-6              (8)  "Volunteer" means a person who regularly performs
    4-7  services for a fire department, who is a member of the retirement
    4-8  system that includes the fire department, and who either receives
    4-9  no compensation for those services or regularly receives
   4-10  compensation for those services of less than $200 a month.  The
   4-11  term includes a person described by Subsection (d) of Section 9 of
   4-12  this Act who either receives no compensation for service to a
   4-13  municipality or other political subdivision or regularly receives
   4-14  compensation for that service of less than $200 a month.
   4-15        SECTION 5.  Section 4, Texas Local Fire Fighters Retirement
   4-16  Act (Article 6243e, Vernon's  Texas Civil Statutes), is amended to
   4-17  read as follows:
   4-18        Sec. 4.  RETIREMENT SYSTEM AND TRUST FUND.  A fire fighters'
   4-19  retirement system and trust fund are established in each
   4-20  municipality or other political subdivision to which this Act
   4-21  applies.  The board of trustees of each retirement system
   4-22  established by this Act shall hold or cause to be held in trust the
   4-23  assets appropriated or dedicated to the system or fund, separate
   4-24  from other money or accounts administered by the board of trustees
   4-25  or the municipality or other political subdivision, for the
   4-26  exclusive benefit of the members and retirees of the system and
   4-27  their beneficiaries.
    5-1        SECTION 6.  Section 11(b), Texas Local Fire Fighters
    5-2  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
    5-3  amended to read as follows:
    5-4        (b)  If a person makes the deposit described by Subsection
    5-5  (a) of this section, the municipality or other political
    5-6  subdivision served by the fire department that employs the person
    5-7  shall deposit with the retirement system an amount determined by
    5-8  the board that is equal to the sum of:
    5-9              (1)  the amount that the municipality or other
   5-10  political subdivision would have contributed to the system if the
   5-11  person's previous fire department service had been performed for
   5-12  the department by which the person is employed, computed on the
   5-13  <municipality> contribution rate of the municipality or other
   5-14  political subdivision in effect in the retirement system at the
   5-15  time the service was performed and on the person's compensation for
   5-16  the previous service; and
   5-17              (2)  interest on the amount described by Subdivision
   5-18  (1) of this subsection at the rate of eight percent, compounded
   5-19  annually, from the date the service was performed to the date of
   5-20  deposit.
   5-21        SECTION 7.  Section 18(f), Texas Local Fire  Fighters
   5-22  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
   5-23  amended to read as follows:
   5-24        (f)  A board of trustees established under this Act may
   5-25  designate a bank or, as applicable, the chief <municipal> financial
   5-26  officer of the municipality or other political subdivision or the
   5-27  secretary-treasurer of the board to be custodian of the assets of
    6-1  the retirement system.  If the chief <municipal> financial officer
    6-2  or the secretary-treasurer of the board is designated custodian,
    6-3  the person's official bond and oath of office are conditioned
    6-4  additionally on the faithful performance of the person's duties as
    6-5  custodian of the assets of the retirement system.
    6-6        SECTION 8.  Sections 19(a) and (b), Texas Local Fire Fighters
    6-7  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), are
    6-8  amended to read as follows:
    6-9        (a)  In each municipality and other political subdivision to
   6-10  which this Act applies and that has a fire department that does not
   6-11  consist exclusively of volunteers, the fire fighters' retirement
   6-12  system is governed by a board of trustees consisting of:
   6-13              (1)  the mayor of the municipality or the mayor's
   6-14  designated representative or the chief operating officer of the
   6-15  political subdivision or the chief operating officer's designated
   6-16  representative, as applicable;
   6-17              (2)  the chief <municipal> financial officer of the
   6-18  municipality or other political subdivision or, if there is no
   6-19  officer denominated as chief financial officer, the person who
   6-20  performs the duties of chief <municipal> financial officer or a
   6-21  person designated by the chief <municipal> financial officer or by
   6-22  the person performing the duties of chief <municipal> financial
   6-23  officer;
   6-24              (3)  three members of the retirement system elected by
   6-25  participating members as provided by Subsection (b) of this
   6-26  section; and
   6-27              (4)  two residents of the municipality or other
    7-1  political subdivision who are not officers or employees of the
    7-2  municipality or other political subdivision and who are elected by
    7-3  a majority vote of the members of the board of trustees determined
    7-4  as provided by Subdivisions (1), (2), and (3) of this subsection.
    7-5        (b)  During each period that begins on December 1 of one year
    7-6  and ends on January 31 of the following year, the participating
    7-7  members of a fire fighters' retirement system in a municipality or
    7-8  other political subdivision subject to this section shall elect by
    7-9  secret ballot and certify to the governing body of the municipality
   7-10  or other political subdivision a member to the board of trustees to
   7-11  serve a term of three years.  To be elected a member of a board of
   7-12  trustees under this subsection, a person must be a member of the
   7-13  retirement system and receive a majority of the votes cast in the
   7-14  election, and at least 50 percent of all participating members of
   7-15  the retirement system must vote in the election.
   7-16        SECTION 9.  Section 24(b), Texas Local Fire Fighters
   7-17  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
   7-18  amended to read as follows:
   7-19        (b)  The cost of an audit may be paid by the municipality or
   7-20  other political subdivision or from the assets of the fund.
   7-21        SECTION 10.  Section 26, Texas Local Fire Fighters Retirement
   7-22  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   7-23  read as follows:
   7-24        Sec. 26.  GIFTS ACCEPTED FROM ANY SOURCE.  The board of
   7-25  trustees of a retirement system established under this Act is
   7-26  authorized to accept and receive for the use and benefit of the
   7-27  fund, in addition to member contributions and <municipality>
    8-1  contributions of the municipality or other political subdivision,
    8-2  gifts of money from any source.
    8-3        SECTION 11.  Section 28(g), Texas Local Fire Fighters
    8-4  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
    8-5  amended to read as follows:
    8-6        (g)  The cost of investment managing or counseling services
    8-7  may be paid by the municipality or other political subdivision or
    8-8  from the assets of the fund.
    8-9        SECTION 12.  Sections 29(a)-(d), Texas Local Fire Fighters
   8-10  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), are
   8-11  amended to read as follows:
   8-12        (a)  Each person who is a member of a retirement system as a
   8-13  current fire department employee shall make contributions to the
   8-14  system.  Except as provided by Subsection (d) of this section, a
   8-15  contribution required under this subsection is computed on the
   8-16  employee's periodic compensation at a rate determined by majority
   8-17  vote of the employees of the department who are members, at an
   8-18  election by secret ballot at which at least 50 percent of those
   8-19  employees vote.  Except as provided by Section 30 of this Act, the
   8-20  payroll officer of the municipality or other political subdivision
   8-21  shall deduct the contributions required under this subsection each
   8-22  payroll period and submit them to the retirement system.
   8-23        (b)  A municipality or other political subdivision that has
   8-24  employees who are participating members of a retirement system
   8-25  shall make contributions to the system each payroll period.  Except
   8-26  as provided by Subsection (d) of this section, contributions
   8-27  required under this subsection are computed on the total
    9-1  compensation paid to the employees who are participating members of
    9-2  the system.  A municipality or other political subdivision is
    9-3  required to make contributions under this subsection at the same
    9-4  rate paid by employees or nine percent, whichever is the smaller
    9-5  rate.  The governing body of a municipality or other political
    9-6  subdivision by ordinance may adopt a rate of employer contributions
    9-7  that is greater than the rate required by this subsection.
    9-8        (c)  Contributions by a municipality or other political
    9-9  subdivision <Municipal contributions> determined under Subsection
   9-10  (b) or (d) of this section are payable each payroll period to the
   9-11  retirement system.
   9-12        (d)  Contributions required under Subsections (a) and (b) of
   9-13  this section are computed on the average compensation of all
   9-14  employees of the department for the preceding year, if this method
   9-15  of computation is adopted by majority vote of the employees of the
   9-16  department who are members, at an election by secret ballot at
   9-17  which at least 50 percent of the participating members vote, and is
   9-18  also adopted by ordinance of the governing body of the municipality
   9-19  or other political subdivision.  The average compensation of
   9-20  department employees shall be computed for each 12-month period as
   9-21  determined by the board of trustees.
   9-22        SECTION 13.  Section 30, Texas Local Fire Fighters Retirement
   9-23  Act (Article 6243e, Vernon's Texas Civil Statutes), is amended to
   9-24  read as follows:
   9-25        Sec. 30.  PICK UP OF EMPLOYEE CONTRIBUTIONS.  (a)  A
   9-26  municipality or other political subdivision may pick up the
   9-27  employee contributions required by Subsection (a) of Section 29 of
   10-1  this Act for all compensation that is earned by participating
   10-2  members of the retirement system on or after the effective date of
   10-3  the pick up.  Employee contributions picked up as provided by this
   10-4  section are in lieu of deductions of employee contributions from
   10-5  paychecks or warrants and shall be paid by the municipality or
   10-6  other political subdivision to the retirement system from the same
   10-7  source of funds  that is used in paying compensation to the
   10-8  members.  A pick up of employee contributions shall be accompanied
   10-9  by a reduction in the compensation of members, an offset against a
  10-10  future increase in member compensation, or a combination of
  10-11  compensation reduction and offset against a compensation increase.
  10-12  Unless otherwise determined by the governing body of the
  10-13  municipality or other political subdivision and approved by
  10-14  majority vote of the participating members at an election by secret
  10-15  ballot, a pick up of contributions results in a corresponding
  10-16  reduction in compensation.
  10-17        (b)  Contributions picked up as provided by this section
  10-18  shall be treated as employer contributions in determining tax
  10-19  treatment of the amounts under the Internal Revenue Code of 1986.
  10-20  Each municipality or other political subdivision picking up
  10-21  contributions shall continue, however, to compute federal income
  10-22  tax withholding as if these contributions were employee wages until
  10-23  the first payroll period that begins after the date the fire
  10-24  fighters' pension commissioner files with the secretary of state a
  10-25  notice stating  that the United States Internal Revenue Service has
  10-26  determined or a federal court has ruled that under Section 414(h),
  10-27  Internal Revenue Code of 1986 (26 U.S.C.  Section 414(h)), the
   11-1  contributions are not includable in the gross income of a member
   11-2  until they are distributed or made available.  Employee
   11-3  contributions picked up as provided by this  section shall be
   11-4  deposited to the credit of the individual account of each affected
   11-5  member and shall be treated for all other purposes of this Act as
   11-6  if the contributions had been deducted from the compensation of
   11-7  members.  Picked up contributions are not includable in a
   11-8  computation of <municipal> contribution rates of the municipality
   11-9  or other political subdivision.
  11-10        (c)  A pick up of employee contributions takes effect in a
  11-11  municipality or other political subdivision on January 1 of the
  11-12  year following the year in which:
  11-13              (1)  the governing body of the municipality or other
  11-14  political subdivision by ordinance has adopted the pick up;
  11-15              (2)  the pick up has been approved by majority vote of
  11-16  the participating members of the retirement system at an election
  11-17  by secret ballot at which at least 50 percent of the participating
  11-18  members vote; and
  11-19              (3)  the fire fighters' pension commissioner has filed
  11-20  with the secretary of state a notice stating that the United States
  11-21  Internal Revenue Service has issued a determination that the plan
  11-22  covering employees of the municipality or other political
  11-23  subdivision is a qualified retirement plan under Section 401(a),
  11-24  Internal Revenue Code of 1986 (26 U.S.C. Section 401(a)), and that
  11-25  its related trust is tax exempt under Section 501(a) of that code
  11-26  (26 U.S.C.  Section 501(a)).
  11-27        (d)  A pick up of employee contributions is terminated in a
   12-1  municipality or other political subdivision on January 1 of the
   12-2  year following the year in which:
   12-3              (1)  the termination has been approved by a two-thirds
   12-4  vote of the participating members of the retirement system at an
   12-5  election by secret ballot at which at least 50 percent of the
   12-6  participating members vote; and
   12-7              (2)  the governing body of the municipality or other
   12-8  political subdivision has repealed the ordinance that adopted the
   12-9  pick up of employee contributions.
  12-10        SECTION 14.  Section 27(d), Texas Local Fire Fighters
  12-11  Retirement Act (Article 6243e, Vernon's Texas Civil Statutes), is
  12-12  repealed.
  12-13        SECTION 15.  The importance of this legislation and the
  12-14  crowded condition of the calendars in both houses create an
  12-15  emergency and an imperative public necessity that the
  12-16  constitutional rule requiring bills to be read on three several
  12-17  days in each house be suspended, and this rule is hereby suspended,
  12-18  and that this Act take effect and be in force from and after its
  12-19  passage, and it is so enacted.