SBW H.B. 1113 75(R)BILL ANALYSIS


PENSIONS & INVESTMENTS
H.B. 1113
By: Kuempel
2-26-97
Committee Report (Amended)



BACKGROUND 

The Texas Municipal Retirement System (TMRS) is the statewide system which
administers retirement, disability, and death benefits for employees of
those Texas cities which voluntarily elect to participate in the system.
The plan of each of the 692 participating cities is separately funded;
funding is provided by employee contribution at a percentage of
compensation selected by the city, and by employer contributions
actuarially determined as necessary to provide the level of benefits
selected. 


PURPOSE

HB1113 proposes 16 changes in the Act governing TMRS (Government Code,
Title 8, Subtitle G), all of which have been approved by the Board of
Trustees of the System.  The proposed changes fall into five categories.
Five changes relate to the amortization period within which a city must
meet its funding requirements; three changes relate to military service
credit; one change relates to restricted prior service credit for former
service with other governmental entities; three changes relate to the
retirement options a member may select; and one change allows a partial
lump-sum distribution on retirement; and three changes represent technical
or clarifying provisions. 


RULEMAKING AUTHORITY

HB 1113 grants rulemaking authority to the Board of Trustees of TMRS in
the following sections:  SECTION 7.  Subchapter F, Chapter 853 Government
Code, Section 853.506 and SECTION 15.  Subchapter G, Chapter 855,
Government Code, Section 855.607.   


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 851.001(15), Government Code, by amending (A)
and (B) and adding (C). 

(A)  is amended by the deletion of the use of "or."

(B) is amended by the addition of the use of "or."

(C) is amended by the addition of the language which further defines the
"Amortization period" to include that period determined by Section
855.407(h), listed later in this Act. 

SECTION 2.  Amends Section 853.305, Government Code, by amending
Subsections (a) and (c) and adding Subsection (f). 

(a)(1) is amended by the addition of the language to clarify the term
"employee" as a full-time, paid employee who is of the United States in
any of the following areas created by or of the United States: any public
authority or agency, any state or territory, any political subdivision of
any state, or any public agency or authority created by a state or
territory.  Also added is the term  "service" to clarify the employment
which has not otherwise been considered credited service in this system.
Several areas have been stricken from the Act as areas not able to be
considered for service credit in the retirement system including: any
incorporated city or town, any council of government in this state, an
airport board or authority governing an airport for two cities with a
combined population greater than 1,000,000. 

(c)  is amended by broadening the definition of the official from whom a
member is to obtain a detailed record of service in order to receive
restricted prior service credit as the official custodian of personnel
records of the entity for which they performed service. 

(f) is amended by the addition of the language to describe the phrase
"full-time, paid-employee" of this section to have the same meaning as the
definition of "employee" in Section 851.001, but they do not have to
perform their services for a municipality. 

SECTION 3.  Amends Section 853.403(a), Government Code, to provide an
exact period of time in which the ordinance adopted under Section 853.401
may take effect as the amortization period on the date updated service
credits take effect.  Also, the time period of before the 25th anniversary
of the date the updated service credits took effect has been deleted from
this Act. 
SECTION 4.  Amends Section 853.404(d), Government Code, to determine when
the municipality may make contributions to the municipality contribution
fund as within the amortization period, effective the next January 1.
This section also deletes the use of before the 25th anniversary of the
next January 1. 

SECTION 5.  Amends Section 853.503, Government Code.

Section 853.503.  CONDITIONS FOR RECEIVING MILITARY SERVICE CREDIT:

(1) is amended by the addition of the term "and" to include more than one
stipulation of when a member may receive credit for service. 

(2) is amended by the deletion of all the original language, and renames
(3) as (2). 

(3) is amended to become (2).

SECTION 6.  Amends Section 853.505(b), Government Code to add an exception
provided by Section 853.506 to the language which describes the conditions
of military service credit. 

SECTION 7.  Amends Subchapter F, Chapter 853, Government Code, by adding
Section 853.506  CURRENT SERVICE FOR REEMPLOYED VETERANS:  to clarify that
contributions, benefits and service credit for qualified military service
will be provided as stipulated by Section 414(u) of the Internal Revenue
Code of 1986 (26 U.S.C. Section 414). Also, rules may be adopted by the
board of trustees to modify the terms of the subtitle for compliance with
the Uniformed Services Employment and Reemployment Rights Act (38 U.S.C.
Section 4301 et seq.). 

SECTION 8.  Amends Section 854.007, Government Code, Subsections (d) and
(e). 

(d) is amended by striking language to clarify that an annual benefit
payment may not exceed the amount stated by (d)(1), and deleting (d)(1)
and (d)(2) to become (d). 

(e) is amended by the clarification (d), and by the new description of a
reduction not to exceed that which is required by the Internal Revenue
Code of 1986, and striking the original stipulations. 

SECTION 9.  Amends Subchapter A, Chapter 854, Government Code, by adding
Section 854.008 

Section 854.008  PARTIAL LUMP-SUM DISTRIBUTION ON RETIREMENT:

 (a) is amended by the addition of the language which clarifies that an
eligible member for service retirement can apply for a partial lump-sum
distribution if they terminate employment with all participating
municipalities. 

(b) is amended by the addition of the language which places a limitation
on a lump-sum distribution under this section may not surpass one-half
that of the member's individual account in the employee's saving fund at
the time of retirement including the total contributions to that account
and interest accumulated. 

(c) is amended by the addition of the language which allows for the
lump-sum distribution to be equal to monthly annuity payments if the
member chooses in accordance to the limitation in Subsection (b), but they
must be received without distributive benefit payments that would have
been received by the member if the member had selected the standard
service retirement annuity from Section 854.103 over the periods of 12
months, 24 months, or 36 months after the member's date of retirement. 

(d) is amended by the addition of the language which clarifies that the
lump-sum distribution payment will be paid in a single payment, available
at the same time as the first monthly annuity payment for that member. 

(e) is amended by the addition of the language which stipulates the
deduction of the sum used in computing the member's current service
annuity under Section 854.002(c) for use of the lumpsum payment
distribution.  If this occurs, then the lump-sum will be considered to be
included in the payments of the annuity. 

SECTION 10.  Amends Section 854.104, Government Code, by amending
Subsection (c), and adding Subsection (g). 

(c) is amended by broadening the specifications of an optional annuity an
eligible person may select by the deletion of the language which specified
that the annuity must be approved by the board of trustees.   

(c)(5) is amended by the addition of the description of how the
beneficiaries may collect, 
including receiving two-thirds of the reduced annuity throughout their
lifetimes, and the renaming of the original (c)(5) as (c)(6). 

(c)(6) is amended by the renaming of (c)(5) as (c)(6).

(g) is amended by the addition of the language to allow for a person
retiring after August 31, 1997 to receive increased retirement annuity
payments if the retiree survives their designated beneficiary under
Subsection (e).  These increased payments will occur monthly as if, at the
time of retirement, the retiree had elected to receive a lifetime only
annuity, and adjustments had occurred for post-retirement increases. 

SECTION 11.  Amends Section 854.203(g), Government Code, to redefine the
time period in which a municipality may fund an ordinance to be within its
amortization period, effective on the effective date of increases.  This
section deletes the tine frame of before the 25th anniversary of the
effective date. 

SECTION 12.  Amends Section 854.305, Government Code, by amending
Subsection (c) and adding Subsection (g). 

(c) is amended by the deletion of the language which allowed for an
eligible person to select any optional annuity approved by the board of
trustees and is the actuarial equivalent of the annuity the person is
entitled.  The section allows that an optional annuity follow the
guidelines stated in the section.  Subsection (c) also adds a new option
which allows for the beneficiary of the retiree to receive two-thirds of
the reduced annuity throughout their lifetime. 

(g) is amended by the addition of the language which allows for a person
retiring after August 31,  1997 to receive increased retirement annuity
payments if the retiree survives their beneficiary as designated under
Subsection (e).  These increased payments will occur monthly as if, at the
time of retirement, the retiree had elected to receive a lifetime only
annuity, and adjustments had occurred for post-retirement increases. 

SECTION 13.  Amends Section 854.410, Government Code, by amending
Subsection (c) and adding Subsection (g). 

(c) is amended by the deletion of the language which allowed for an
eligible person to select any optional annuity approved by the board of
trustees and is the actuarial equivalent of the annuity to which the
person is entitled.  The section allows that an optional annuity follow
the guidelines stated in the section.  Subsection (c) also adds a new
option which allows for the beneficiary of the retiree to receive
two-thirds of the reduced annuity throughout their lifetime. 

(g) is amended by the addition of the language which allows for a person
retiring after August 31, 1997 to receive increased retirement annuity
payments if the retiree survives the beneficiary as designated under
Subsection (e).  These increased payments will occur monthly as if, at the
time of retirement, the retiree had elected to receive a lifetime only
annuity, and adjustments had occurred for post-retirement increases. 

SECTION 14.  Amends Section 855.407, Government Code, by adding
Subsections (g) and (h). 

(g) is amended by the addition of the language to provide for the
allotment of the governing body of a municipality to elect to contribute
to its accumulation fund at the rate of total compensation for all its
employees as determined by the actuary during the municipality's
amortization period, regardless of other provisions in the subtitle. 

(h) is amended by the addition of the language to allow for a municipality
to receive a new amortization period, equal to the lesser of (h)(1) and
(h)(2), if the governing body adopts a resolution requesting a change, and
the municipality has received an increase in its combined contribution
rate of more than one-half of 1 percent of the total compensation paid to
employees. 

(h)(1) is amended by the addition of the language to provide for the
designation of the length of the new amortization period in Subsection
(h).  It requires a limit of the increase in the combined rate to be
one-half of 1 percent of total compensation paid. 

(h)(2) is amended by the addition of the language to provide for the
designation of the length of the new amortization period in Subsection
(h).  It requires that the maximum number of years should be specified by
the board of trustees and should not exceed 40 years. 

SECTION 15.  Amends Subchapter G, Chapter 855, Government Code, by adding
Sections 855.606 and 855.607. 

Section 855.606  APPEAL OF ADMINISTRATIVE DECISION:  is amended by the
addition of the language which clarifies that a board of trustees decision
on denying or limiting membership, service credit, eligibility for
benefits, or deciding to whom benefits should be paid is a matter for a
contested case as designated by the administrative procedure law in
Chapter 2001, and, under the substantial evidence rule, is subject to
judicial review as provided by Sections 2001.1742001.177. 

Section 855.607  PLAN QUALIFICATION:  is amended by the addition of the
language which allows for the provisions of the subtitle be administered
and construed so that the benefit plan will be a qualified plan under
Section 401(a) of the Internal Revenue Code of 1986 (26 U.S.C. Section
401).  Rules may be adopted to modify the plan by the board of trustees
if it is necessary for the system to be considered qualified.  These rules
are to be considered part of the plan. 

SECTION 16.  Repeals Section 852.004(c) of the Government Code which
provided for the board of trustees to receive proof from the municipality
which had fewer than 10 members that the members were all in good health. 
 
SECTION 17.  Effective date is September 1, 1997.

SECTION 18.  Emergency Clause.

EXPLANATION OF AMENDMENTS

Amendment No. 1 strikes completely SECTION 5.