SBW H.B. 1752 75(R)BILL ANALYSIS


PENSIONS & INVESTMENTS
H.B. 1752
By: Greenberg
3-18-97
Committee Report (Unamended)



BACKGROUND 

Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991 (Article
6243n, Vernon's Texas Civil Statutes (V.T.C.S.) )  authorizes the
establishment of a retirement system for employees of each municipality
having a population of more than 460,000 and less than 500,000.  The act
(amended in 1995) contains provisions that must be amended to conform with
federal law and to provide increased benefits to the members of the
retirement system. 

PURPOSE

The purpose of  House Bill 1752 is to amend Article 6243n in order to (1)
make sure that the retirement system remains a qualified plan under
recently enacted federal law; (2) enhance employee retirement benefits by
increasing the factor used to calculate a retirement benefit from 2.3
percent to 2.6 percent, authorizing retirement at age 55 with 20 years of
service with no benefit reduction, allow eligible members to purchase up
to 4 years of prior military service credit, allow members to purchase
service credit for certain ineligible service time at full actuarial cost,
allow the employer to purchase service credit to allow member to retire
with unreduced benefits; and (3) clarify provisions by adding new
definitions. 

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 Sections 2 and 3, Chapter 451, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas Civil
Statutes) by amending Section 2, Subsections (3), (12), (15), (19), and
(40)-(45) and Section 3,  Subsections(a) and striking (b). 

Sec. 2.  DEFINITIONS.

(3) is amended to stipulate that the actuarial tables that are to be
adopted must be acceptable to the Internal Revenue Service. 

(12) is amended by striking language which provided for applying the
limitations for an employee to exceed $12,500 a month, allowing the
limitation to be prorated among the family members, which included the
spouse and descendants not yet 19, or adjusted in accordance with the
Internal Revenue Service guidelines. 

(15) is amended by striking the language which reduced the monthly
payments for retirement if the member's payment's commenced before the
normal retirement date.  Also, this section changes the 2.3% of average
final compensation to 2.6% in order to calculate the service annuity. 

(19) is amended to replace the use of Subsection (42) with Subsection (43)
as reference for the definition of retirement board. 

(40) is amended to define "retired member" as a person who is qualified by
creditable service to  receive a retirement allowance by this Act, and
includes those who have already retired and are eligible to continue
receiving an allowance. 

(41) is amended to redesignate the previous (40) as (41).

(42) is amended to redesignate the previous (41) as (42).

(43) is amended to redesignate the previous (42) as (43).

(44) is amended to redesignate the previous (43) as (44).

(45) is amended to redesignate the previous (44) as (45).

Sec. 3.  ESTABLISHMENT AND APPLICABILITY.

(a) is amended by striking the designation of (a) and adding language to
include that beneficiaries of a deceased member may receive benefits, and
changing the date from September 1, 1993 to September 1, 1997 to designate
the time restraint on those who have retired before this date to receive
the same benefits.  Also, this section adds the term "benefits" to
designate what is to be received, and adds that they will receive what
they are entitled to receive before that date, removing the use of the
term "receiving." 

(b) is amended by being deleted from this Act.

SECTION 2.  Amends Section 6, Chapter 451, Acts of the 72nd Legislature,
Regular Session, 1991 (Article 6243n, Vernon's Texas Civil Statues) by
amending Subsection (c) and adding Subsections (d)-(g). 

(c) is amended by replacing the term "military" with the term "uniformed"
in the establishment for credible service.  The term "Rights" has been
added to the "Uniformed Services Employment and Reemployment Rights Act of
1994" along with the addition of "38 U.S.C. Section 4301 et seq." for the
placement of the code the Act is to be found.  Also, the use of 24 months
as the maximum for the amount of service which may be credited had been
changed to 48 months. 

(d) is amended by the addition of the language to allow for an employee,
who was not highly compensated as under Section 414(g) of the 38 U.S.C.
Section 4301 et. seq. to receive unreduced retirement benefits at 55 years
or at the purchase of additional credit by the employer if over 55 years.
The subsection requires the employer to purchase the additional credit at
full actuarial cost as determined by the retirement board as on advice of
the actuary. 

(e) is amended by the addition of the language to allow for a member to
purchase noncontributory service credit equal to the period the member:
took workers' compensation leave due to injury sustained by employment and
verified by the employer, took an authorized leave of absence from an
employer, or performed a service not creditable in the retirement system
for an employer. 

(f) is amended by the addition of the language to stipulate that the
member purchasing the credit for noncontributory creditable service as
provided by Subsection (e) of this section is to buy it at full actuarial
cost. 

(g) is amended by the addition of the language to define "noncontributory
creditable service" as service in which an employer contribution is not
made. 

SECTION 3.  Amends Section 7, Chapter 451, Acts of the 72nd Legislature,
Regular Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes) by
amending Subsections (a) and (e). 

(a) is amended to clarify that a member is entitled to a retirement
benefit upon the age of 55 if they have 20 years of creditable service.
It deleted the language which would have made this an early retirement
benefit. 
 
(e) is amended to delete the language which would have reduced the
member's retirement at fivetwelfths of one percent for each month the
member retired before the actual retirement date. 

SECTION 4.  Amends Section 9, Chapter 451, Acts of the 72nd Legislature,
Regular Session, 1991 (Article 6243n, Vernon's Texas Civil Statutes) by
amending Subsections (a), (i), and (j), and adding Subsection (p). 

(a) is amended to define the maximum annual benefit as $90,000.

(i) is amended by deleting the 100 percent limitation as in Subsection (a).

(j) is amended to stipulate that a member who has been in one or more
defined contribution plans by an employer may not allow the defined
benefit plan fraction and the defined contribution plan fraction to exceed
1.0 for any year in which Section 415(e), which determines the fraction,
of the code is in effect. 

(p) is amended by the addition of the language to stipulate that a retired
member who becomes employed fill-time with an employer will automatically
resume membership as an active contributing member and lose their
retirement allowance.  Upon retirement for the second time, a new benefit
will be computed based upon service before and after the initial
retirement.  This benefit will be reduced actuarially for the value of the
benefits received before resumption of full-time employment. 

SECTION 5.  Repeals Section 12(f), Chapter 451, Acts of the 72nd
Legislature, Regular Session, 1991 (Article 6243n, Vernon's Texas Civil
Statutes). 

SECTION 6.  (a) Allows a retirement allowance created under Chapter 451,
Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n,
Vernon's Texas Civil Statutes) paid to a member who retired before October
1, 1997, or a beneficiary, to begin with payments due at the end of
October 1997. 
(b) Allows the amount of change to be the percentage, which is 2.6%
divided by the retirement benefit percent at the time of retirement, minus
one, one multiplied by 100, multiplied to the retirement allowance
otherwise due. 

SECTION 7.  Provides the effective date for Section 6(d), Chapter 451,
Acts of the 72nd Legislature, Regular Session, 1991 (Article 6243n,
Vernon's Texas Civil Statutes), as added by this Act, to be on the date
the Internal Revenue Service issues the next favorable determination
letter regarding qualification of the retirement system created under
Chapter 451, Acts of the 72nd Legislature, Regular Session, 1991 (Article
6243n, Vernon's Texas Civil Statutes). 

SECTION 8.  Effective date is October 1, 1997, except as provided by
Section 7. 

SECTION 9.  Emergency Clause.