SBW H.B. 796 75(R)BILL ANALYSIS


PENSIONS & INVESTMENTS
H.B. 796
By: Bosse
3-25-97
Committee Report (Unamended)



BACKGROUND 

Chapter 76, Acts of the 50th Legislature, 1947, creates a special fund
known as the Police Officer's Pension Fund in each Texas city with a
population of 1.2 million or more.  Current law limits both the
contribution and the retirement benefits of any member of the Police
Pension System based on the salary level of the second highest classified
position in the police department personnel classification schedule.  In
some instances, those who are fifth highest in rank are appointed to the
second highest ranking position, thereby skipping two levels.  In these
cases, the member appointed to the second highest ranking position stands
to receive a windfall upon retirement, placing a financial strain on the
pension fund to the detriment of other contributors.  Critics challenge
such a system is inequitable. 

PURPOSE

HB 796 would create a more equitable system for determining maximum
contributions to and benefits from police officer retirement systems by
basing the maximum contribution to the police pension fund on the base
salary of the highest rank the member has obtained by civil service
examination within the salary schedule of the police department. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Section 6(b), Chapter 76, Acts of the 50th Legislature,
1947 (Art. 6243g1, Vernon's Texas Civil Statutes) by changing language to
state that the maximum contribution made to the fund is required to be
based upon the salary of the highest rank the member has obtained by civil
service examination within the salary schedule of the police department.
The contribution and retirement benefits of the member is limited to the
highest rank the member obtains by civil service examination with set
qualifiers. 

SECTION 2:  Amends Section 11(b), Chapter 76, Acts of the 50th
Legislature, 1947 (Art. 6243g1, Vernon's Texas Civil Statutes) to state
that in the event  a member in the Police Pension System is promoted to a
position above a classified position obtainable by civil service
examination, the members contribution and retirement benefits will be
computed at the salary of the highest rank the person obtained by civil
service examination within the salary schedule of the police department
and sets qualifiers.  Strikes language regarding the highest rank being
considered the Chief of Police. 

SECTION 3:  Amends Section 28(b), Article 6243g-3, Revised Statutes to
state that the maximum contribution made by a member is required to be
based on the salary of the highest rank that member obtained by civil
service examination within the police department salary schedule.  The
contributions and retirement benefits of any member are limited to that
members highest rank obtained by civil service examination except if that
member has not held the same classified position for three years
immediately proceeding his effective retirement date.  If so, the
retirement pension will be based on the members salary for the three years
immediately  proceeding his retirement. 

SECTION 4:  Effective date.  Upon receiving the required number of votes
as stipulated by Section 39, Article III of the Texas Constitution, the
effective date is July 1, 1997.  If this does not happen, the effective
date will be September 1, 1997. 

SECTION 5:  Emergency clause.