SRC-SLL S.B. 588 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 588
By: Barrientos
Intergovernmental Relations
3-10-97
As Filed


DIGEST 

Currently, the Austin Police Retirement System is governed by Article
6243n-1, V.T.C.S.  The Board of Trustees of the Austin Police Retirement
System authorized an actuarial study of a package of benefit improvements
to see what could be financed adequately with the present financing of 9
percent of basic hourly earnings by contributing members and 18 percent of
basic hourly earnings by the City of Austin.  In addition, the board
authorized a complete review of the governing state statute for compliance
with federal law, and for clarity, consistency, and completeness.  This
bill will amend provisions for the amount of benefits, benefit options,
and creditable service; amend provisions to assure compliance with federal
laws; and amend provisions for clarity, consistency, or completeness. 

PURPOSE

As proposed, S.B. 588 provides new regulations regarding participation in
and benefits and administration of retirement systems for police officers
in certain municipalities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 1.02, Article 6243n-1, V.T.C.S., to redefine
"accumulated deposits," "actuary," "average final compensation,"
"creditable service," "disability retirement," "fund no. 1," "fund no. 2,"
"investment consultant," "investment manager," "life annuity," "life
annuity (modified cash refund)," "member," "police officer," "police
retirement board," "board," "police retirement system," "system,"
"retirement," "withdrawal," and "withdrawal benefit."  Defines "basic
hourly earnings," "death benefit," "employment termination," "retirement
annuity," "annuity," "retired member," "active service," "spouse,"
"survivor benefit," "vested." 

SECTION 2. Amends Articles II-XIII, Article 6243n-1, V.T.C.S., as follows:

ARTICLE II

Sec.  2.01.  ESTABLISHMENT AND APPLICABILITY.  Provides that the
retirement system for police officers of the city and the trust forming
the part hereof are hereby established on the passage of this Act by the
Legislature of the State of Texas.  The police retirement system (system)
and the related trust are placed under the management of the police
retirement board (board). Makes conforming changes. 

Sec. 2.02.  SUCCESSOR.  Makes no change.

Sec.  2.03.  PURPOSE.  Makes conforming changes.

ARTICLE III

Sec.  3.01.  ADMINISTRATION.  Makes no change.

 Sec.  3.02.  COMPOSITION OF BOARD.  Requires the board to be composed of
11 members, four of whom are police officer members, rather than active
police officer members, elected by police officer members of the system.
Provides that a police officer, rather than an active employee, member who
retires, except for disability retirement, will be eligible to complete
the remainder of a vacant term.  Requires the board to have one retired
member, rather than police officer retired member, to be elected by
retired members.  Makes conforming and nonsubstantive changes. 

Sec.  3.03.  ELECTION OF POLICE OFFICER MEMBERS.  Requires any police
officer member, rather than active police officers of the city, to be
eligible to run in the election for a position on the board.  Makes
conforming changes. 

Sec.  3.04.  OATH; COMPENSATION.  Makes no change.

Sec.  3.05.  CHAIR; VICE-CHAIR.  Requires the pension officer of the board
to appoint other necessary staff members with the approval of the board.
Requires the pension officer and other employees of the system, rather
than each staff member, to receive compensation as the board may fix in
each annual budget or amendments thereto. 

Sec.  3.06.  RULES; QUORUM; REMOVAL.  Requires the board to establish
rules and regulations for the administration of the system, rather than
fund or funds, authorized to be created by this Act and for the
transaction of the board's business.  Requires any member who is absent
from five consecutive board meetings to be removed from the board, rather
than police board. 

Sec.  3.07.  BOARD RECORDS.  Makes no change.

Sec.  3.08.  New heading: ADMINISTRATION OF POLICE RETIREMENT SYSTEM.
Requires individual accounts to be maintained with each member of the
system, showing the amount of the member's accumulated deposits, rather
than member's deposits and the accumulated interest allocated and standing
to the credit of the member.  Makes conforming changes. 

Sec.  3.09.  ACTUARY; DUTIES.  Deletes a requirement that the actuary make
an actuarial investigation of the surviving spouses and recommend for
adoption by the board the tables and rates required by the system.  Makes
conforming changes. 

Sec.  3.10.  INVESTMENT MANAGERS.  Authorizes the board to hire an
investment manager or investment managers who shall have the full
authority to invest the assets and manage any portion of the portfolio of
the system, rather than fund. 

Sec.  3.11.  INVESTMENT CONSULTANT.  Makes a conforming change.

Sec.  3.12.  LEGAL COUNSEL.  Provides that the board has the authority to
litigate all matters for and on behalf of the system.  Makes a conforming
change. 

ARTICLE IV

Sec.  4.01.  Requires any person who becomes an employee of the city or
becomes an employee of the system, rather than a member of the police
system's administrative staff, after the date of establishment of the
police retirement system, if eligible for membership, to become a member
as a condition of employment.  Prohibits employees, rather than staff
members, of the system from becoming members of the system if they are
employees of the system who are expected to work less than a normal work
week, rather than 75 percent of a normal work week, or if they are
seasonal or temporary police officers or employees of the system.  A
full-time police officer, rather than regular full-time police officer, of
the city or employee of the system eligible for membership in the system,
is one whose position is classified in the annual budget, who is expected
to be employed throughout  the full calendar year, and whose employment is
expected to continue from year to year.  Deletes an  exception.  Sets
forth requirements for membership in the system.  Requires a member to
cease being a member of the system and to forfeit creditable, rather than
lose membership, service if, after employment termination through
dismissal, resignation, or from any other cause, including death.
Requires a member to withdraw, rather sever the member's service
connection and withdraw, the member's accumulated deposits as provided
under the withdrawal benefit, rather than withdrawal allowance, provisions
of this Act.  Provides that the interest factor is derived by adjusting
and compounding the annual rates, rather than based on the compounded net
annual rate, of interest that were credited to the accumulated deposits of
members, where each annual rate is adjusted by dividing it by 0.75.  The
period for compounding the interest factor begins with the beginning of
the month and year in which the member withdrew the member's accumulated
deposits and ends with the beginning of the month and year payment is made
to the system to reinstate service.  Provides that , for purposes of this
section, an eligible surviving spouse is the surviving spouse of a member
who was an eligible member immediately before the time of death if the
member dies before making payment to the system of the amount required by
this subsection.  Requires the employer, city, or system, if a member on a
uniformed service leave of absence makes certain biweekly deposits during
the leave of absence, to make a contribution to the system for the member
each biweekly pay period.  Requires the employer, if a member makes
payment of the deposits after returning to the employment of the city or
system, to make a single contribution for the member equal to the deposits
it would have made on the member's behalf if the member had made deposits
to the system during the period of the member's leave. Makes conforming
and nonsubstantive changes. 

ARTICLE V

Sec.  5.01.  CREDITABLE SERVICE.  Makes conforming changes.

Sec.  5.02.  MILITARY SERVICE CREDIT.  Provides that an eligible surviving
spouse is the surviving spouse of a member who was an eligible member
immediately before the time of death if the member dies before making
payment to the system of the amount required by this section.  Authorizes
the percent used to calculate the amount of the required payment to be
changed if the change is adopted by the board as a board rule.  Makes
conforming changes. 

Sec.  5.03.  PROBATIONARY SERVICE CREDIT.  Provides that probationary
service creditable in the system is any probationary service following
commission date for which the member does not have creditable service.
Provides that the annual rate of interest applicable for the year when
payment is made is considered to be equal to the prior year's rate of
interest for the purpose of making the determination.  Makes conforming
changes. 

Sec.  5.04.  CADET SERVICE CREDIT.  Sets forth regulations for cadet
service credit in the system. 

ARTICLE VI

Sec.  6.01.  New heading: SERVICE RETIREMENT BENEFITS AND INCREASES IN
BENEFITS.  Requires members entitled thereto, on retirement after having
reached the member's normal retirement date, to receive a service, rather
than normal, retirement benefit in the form of a life annuity.  Requires
each monthly payment of the life annuity to be equal to one-twelfth of the
product of 2.88, rather than 2.8, percent of a member's average final
compensation multiplied by the number of months of creditable service.
Deletes further provisions regarding monthly payments of the life annuity.
Authorizes the retirement benefit percent specified by this section to be
changed after 1997 if certain conditions are met. Requires an annuity to
be considered as a life annuity with the first monthly payment due at the
end of the month immediately following the member's retirement date.
Prohibits annuities already granted from being reduced below the base
retirement amount granted at time of retirement.  Provides that service
and disability retirement annuities and survivor benefits being paid by
the system to certain persons are increased beginning with the payments
due at the end of September in 1995.  Deletes the definition of "fund."
Defines  "continuity of the system."  Deletes a provision relating to
application of the Internal Revenue Code.  Makes conforming and
nonsubstantive changes. 

Sec.  6.02.  ELIGIBILITY FOR SERVICE REQUIREMENT.  Deletes a provision
authorizing a member, after age 62, to continue in the employment of the
city as a police officer.  Makes conforming changes. 

Sec.  6.03.  ANNUITY OPTIONS.  Repeals Option V effective September 1,
1997, which is a level income option.  Repeals Option VI effective
September 1, 1997, which is a joint and 66 2/3 percent to survivor/level
income option.  Repeals Option VIII effective September 1, 1997, which
authorizes any other form of benefit or benefits to be paid to the member
or to the person or persons that the member shall designate in writing.
Makes conforming changes. 

Sec.  6.04.  TERMINATION PRIOR TO RETIREMENT; TREATMENT OF ACCUMULATED
DEPOSITS.  Requires the member, on employment termination by resignation
or dismissal before retirement, to receive the amount of the accumulated
deposits standing to the member's credit in one lump sum, except that if
such member has had at least 10 years of creditable service at the time
the member separates from service, requires the member to have a right to
elect to leave the member's accumulated deposits with the system and when
certain conditions are met.  Requires the member, when the conditions are
met, to be entitled to a service retirement benefit calculated under the
formula in Subsection (a) of Section 6.01 in effect on the last day of the
month immediately preceding the month of the first benefit payment.  Makes
conforming changes. 

Sec.  6.05.  DEATH OF A MEMBER; TREATMENT OF ACCUMULATED DEPOSITS.
Requires the lump sum to be not less than $7,500.  Requires the amount
payable from Fund No. 2, when the $7,500 minimum is payable, to be $7,500
minus the accumulated deposits standing to the member's credit in Fund No.
1.  Makes conforming changes.  

Sec.  6.06.  SELECTING OPTIONS; DESIGNATING BENEFICIARIES.  Authorizes the
surviving spouse to select the optional form of the survivor benefit in
the same manner as if the member had made the selection or may select a
lump sum payment.  Makes conforming changes. 

Sec.  6.07.  RETROACTIVE DEFERRED RETIREMENT OPTION PLAN.  Provides that
the Retroactive Deferred Retirement Option Plan, referred to as RETRO
DROP,  is an option a member eligible for service retirement as defined in
Section 6.02 may elect at retirement subject to the conditions of this
section.  Requires a member who elects RETRO DROP to receive a lump sum
and a monthly retirement benefit.  Sets forth procedures of RETRO DROP. 

ARTICLE VII

Sec.  7.01.  DISABILITY RETIREMENT.  Provides that only members who are
ActiveNoncontributory, rather than Active-Noncontributory I, are eligible
for consideration for disability retirement pursuant to this article.
Authorizes a member with less than 10 years of creditable service, who has
become mentally or physically incapacitated for the performance of the
employment duties the member had immediately before incapacitation as a
direct result of injuries sustained subsequent to the member's effective
date of membership in the police retirement system, to apply for
disability retirement.  Makes conforming changes. 

Sec.  7.02.  COMPUTATION OF DISABILITY BENEFIT.  Requires a member, on
award of disability retirement benefits, to receive a disability
retirement benefit computed in the same manner that a service retirement
benefit would be computed at the member's normal retirement date, based on
average final compensation and creditable service a date of disability
retirement without reduction for early retirement.  Makes conforming
changes. 

Sec.  7.03.  DISABILITY BENEFIT REPORTS.  Makes conforming and
nonsubstantive  changes. 

ARTICLE VIII

Sec.  8.01.  METHOD OF FINANCING.    Authorizes the Active-Contributory
members, upon recommendation of the board, by a majority of this voting,
rather than by a majority vote in favor of an increase in contributions
above six percent, to increase the rate of member deposits above six
percent to whatever amount the board has recommended.  Authorizes the
deposit rate, if the rate for members has been increased above six
percent, to be decreased if a majority of the Active-Contributory members
who vote on the matter approve the decrease, rather than approve the
decrease by majority vote.  Makes conforming and nonsubstantive changes. 

ARTICLE IX

Sec.  9.01.  New heading: INVESTMENTS OF THE BOARD.  Provides that no
member of the board, rather than no member and no employee of the board,
shall have any interest or receive any pay or emolument for the member's
service.  Authorizes certain benefits to be paid to a former spouse or
other alternate payee under the terms of a domestic relations order, but
only if the board determines that the order constitutes a qualified
domestic relations order within the meaning of Chapter 804 of the Texas
Government Code (referred to here as a "QDRO").  Requires benefit payments
to be made to alternate payees only when and to the extent permitted by
the QDRO.  Requires the amount of any benefit payment under this Act made
to an alternate payee under a QDRO to reduce and offset the amount
otherwise payable to the member or other beneficiary under the provisions
of this Act.  Requires, upon the death of an alternate payee under a QDRO,
the interest of the alternate payee in the benefits under this Act to
cease, and thereafter, remaining benefits to be paid as if the QDRO had
not existed.  Makes conforming and nonsubstantive changes. 

ARTICLE X

Sec.  10.01.  FALSE REPORT OR STATEMENT.  Makes a conforming change. 

Sec.  10.02.  CORRECTION OF ERRORS.  Makes no change.

ARTICLE XI

Sec.  11.01.  LIMITATION ON PAYMENT OF BENEFITS.  Redefines "annual
benefit." Deletes a provision that prohibits an annual benefit payable by
the system from exceeding 100 percent of the former member's highest
average annual compensation, including annual cost of living increases
after separation from service.  Requires actuarial equivalence, for
purposes of this section, to be computed in the manner prescribed by
Section 6.03, rather than Section 6.03 or 7.02, of this Act.  Makes
conforming and nonsubstantive changes. 

ARTICLE XII

Sec.  12.01.  New heading: DISTRIBUTION RULES FOR SERVICE RETIREMENT AND
DEATH ANNUITY PAYMENTS.  Makes conforming changes. 

Sec.  12.02.  DISTRIBUTION RULES FOR DISABILITY ANNUITY PAYMENTS.  Makes
conforming changes. 

ARTICLE XIII

Sec.  13.01.  TRANSFER OF ELIGIBLE ROLLOVER DISTRIBUTIONS.  Authorizes a
distributee, at the time and in the manner prescribed by the board, rather
than the plan administrator, to elect to have any portion of an eligible
rollover distribution paid directly to an eligible retirement plan
specified by the distributee in a direct rollover, notwithstanding any
provision of this Act, rather than of the plan, to the contrary that would
otherwise limit  a distributee's election under this section.  Redefines
"eligible rollover distribution" and "direct rollover." 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.