1-1     By:  Kuempel (Senate Sponsor - Armbrister)            H.B. No. 1113

 1-2           (In the Senate - Received from the House April 9, 1997;

 1-3     April 10, 1997, read first time and referred to Committee on

 1-4     Intergovernmental Relations; April 21, 1997, reported favorably by

 1-5     the following vote:  Yeas 11, Nays 0; April 21, 1997, sent to

 1-6     printer.)

 1-7                            A BILL TO BE ENTITLED

 1-8                                   AN ACT

 1-9     relating to participation and credit in, contributions to, and

1-10     benefits and administration of the Texas Municipal Retirement

1-11     System.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 851.001(15), Government Code, is amended

1-14     to read as follows:

1-15                 (15)  "Amortization period" means, as to a particular

1-16     municipality, the time ending with the later of:

1-17                       (A)  the expiration of 25 years after the

1-18     effective date of the municipality's participation in the

1-19     retirement system;  [or]

1-20                       (B)  the expiration of 25 years after the most

1-21     recent actuarial valuation date for the municipality; or

1-22                       (C)  the period determined under Section

1-23     855.407(h).

1-24           SECTION 2.  Section 853.305, Government Code, is amended by

1-25     amending Subsections (a) and (c) and adding Subsection (f) to read

1-26     as follows:

1-27           (a)  The governing body of a participating municipality by

1-28     ordinance may authorize the granting of restricted prior service

1-29     credit to an employee who is a member of the retirement system for

1-30     service previously performed:

1-31                 (1)  as a full-time, paid [an] employee of [any

1-32     incorporated city or town in] the United States, of any public

1-33     authority or agency created by the United States, of any state or

1-34     territory of the United States, of any political subdivision of any

1-35     state of the United States, or of any public agency or authority

1-36     created by a state or territory of the United States [any council

1-37     of governments in this state, or an airport board or authority

1-38     governing an airport for two cities having a combined population

1-39     greater than 1,000,000], and for which service the person has not

1-40     otherwise received credited service in this system, including

1-41     combined service credit under Chapter 803;  or

1-42                 (2)  as an employee of the state or any branch, agency,

1-43     or subdivision of the state for which the person received credited

1-44     service under the Employees Retirement System of Texas, the Teacher

1-45     Retirement System of Texas, the Judicial Retirement System of Texas

1-46     Plan One, the Judicial Retirement System of Texas Plan Two, the

1-47     Texas County and District Retirement System, or this retirement

1-48     system, and the credit for which was canceled because of withdrawal

1-49     of contributions and has not been reinstated.

1-50           (c)  A member seeking to establish restricted prior service

1-51     credit under Subsection (a)(1) must obtain from the official

1-52     custodian of personnel records of the entity [clerk or secretary of

1-53     the city or  town, or from the similar official of a council of

1-54     governments or airport board or authority,] for which the previous

1-55     service was performed a detailed statement of the service, verified

1-56     by that official, and file the statement with the clerk or

1-57     secretary of the participating municipality by which the member is

1-58     employed.  A member seeking to establish restricted prior service

1-59     credit under Subsection (a)(2) must obtain from the public

1-60     retirement system in which the canceled service was credited a

1-61     detailed statement of the service, verified by an official of that

1-62     retirement system, and file that statement with the clerk or

1-63     secretary of the participating municipality by which the member is

1-64     employed.

 2-1           (f)  In this section, "full-time, paid employee" has the

 2-2     meaning assigned "employee" by Section 851.001, except that the

 2-3     services do not have to be performed for a municipality.

 2-4           SECTION 3.  Section 853.403(a), Government Code, is amended

 2-5     to read as follows:

 2-6           (a)  An ordinance adopted under Section 853.401 may not take

 2-7     effect unless the board of trustees approves the ordinance as

 2-8     meeting the requirements of this section.  The board may not

 2-9     approve an ordinance unless the actuary first determines, and the

2-10     board concurs in the determination, that all obligations charged

2-11     against the municipality's account in the municipality accumulation

2-12     fund, including obligations proposed in the ordinance, can be

2-13     funded by the municipality within its maximum total contribution

2-14     rate and within its amortization period as in effect on [before the

2-15     25th anniversary of] the date the updated service credits take

2-16     effect.

2-17           SECTION 4.  Section 853.404(d), Government Code, is amended

2-18     to read as follows:

2-19           (d)  Except as provided by Subsection (e), an ordinance under

2-20     this section continues in effect for each year that the actuary

2-21     determines that all obligations charged against the municipality's

2-22     account in the municipality accumulation fund, including the

2-23     obligations to become effective the next January 1, can be funded

2-24     by the municipality within its maximum contribution rate and within

2-25     its amortization period as in effect on [before the 25th

2-26     anniversary of]  the next January 1.  An ordinance under this

2-27     section will cease to be in effect for future years if the actuary

2-28     cannot make that determination, but shall again take effect for

2-29     future years beginning January 1 of the first year after the

2-30     actuary can make that determination.

2-31           SECTION 5.  Section 853.505(b), Government Code, is amended

2-32     to read as follows:

2-33           (b)  Except as provided by Section 853.506, military

2-34     [Military] service credit allowed under Section 853.501 shall have

2-35     no monetary value in calculating the annuity payments allowable to

2-36     the member and shall not be used in other computations, including

2-37     computation of updated service credits or prior service credits.

2-38           SECTION 6.  Subchapter F, Chapter 853, Government Code, is

2-39     amended by adding Section 853.506 to read as follows:

2-40           Sec. 853.506.  CURRENT SERVICE FOR REEMPLOYED VETERANS.

2-41     Notwithstanding any provision of this subtitle to the contrary,

2-42     contributions, benefits, and service credit for qualified military

2-43     service will be provided in accordance with Section 414(u) of the

2-44     Internal Revenue Code of 1986 (26 U.S.C. Section 414).  The board

2-45     of trustees may adopt rules that modify the terms of this subtitle

2-46     for the purpose of compliance with the Uniformed Services

2-47     Employment and Reemployment Rights Act (38 U.S.C. Section 4301 et

2-48     seq.).

2-49           SECTION 7.  Sections 854.007(d) and (e), Government Code, are

2-50     amended to read as follows:

2-51           (d)  Except as provided by Subsections (f), (h), and (i), an

2-52     annual benefit payable by the retirement system may not exceed [the

2-53     lesser of:]

2-54                 [(1)]  $115,641, or another amount as adjusted each

2-55     January 1 by the secretary of the treasury under Section 415 of the

2-56     Internal Revenue Code of 1986 (26 U.S.C. Section 415) for

2-57     cost-of-living increases after January 1, 1993[; or]

2-58                 [(2)  100 percent of the former member's highest

2-59     average annual compensation, including annual cost-of-living

2-60     increases after separation from service].

2-61           (e)  If payment of a benefit begins before a member attains

2-62     age 62, the dollar limitation is the actuarial equivalent of an

2-63     annual benefit beginning at age 62 as described by Subsection (d)

2-64     [(d)(1)] for a  person at age 62.  A reduction under this

2-65     subsection may not exceed that required by the Internal Revenue

2-66     Code of 1986 [reduce the dollar  limitation below $75,000 if the

2-67     benefit begins at or after age 55 or, if the benefit begins before

2-68     age 55, the actuarial equivalent of a $75,000 limitation beginning

2-69     at age 55].

 3-1           SECTION 8.  Subchapter A, Chapter 854, Government Code, is

 3-2     amended by adding Section 854.008 to read as follows:

 3-3           Sec. 854.008.  PARTIAL LUMP-SUM DISTRIBUTION ON RETIREMENT.

 3-4     (a)  A member who is eligible for service retirement and who

 3-5     terminates employment with all participating municipalities may

 3-6     apply for a partial lump-sum distribution under this section.

 3-7           (b)  The amount of a lump-sum distribution under this section

 3-8     may not exceed one-half of the total contributions and accumulated

 3-9     interest in the member's individual account in the employees saving

3-10     fund at the time of the member's retirement.

3-11           (c)  Subject to the limitation in Subsection (b), the member

3-12     may elect to have the lump-sum distribution be equal to the monthly

3-13     annuity payments, excluding any distributive benefit payments, that

3-14     the member would have received if the member had selected the

3-15     standard service retirement annuity described in Section 854.103

3-16     over a period of:

3-17                 (1)  12 months after the effective date of the member's

3-18     retirement;

3-19                 (2)  24 months after the effective date of the member's

3-20     retirement; or

3-21                 (3)  36 months after the effective date of the member's

3-22     retirement.

3-23           (d)  The lump-sum distribution will be made as a single

3-24     payment, payable at the same time as the first monthly annuity

3-25     payment that is paid to the member.

3-26           (e)  The amount of the lump-sum distribution will be deducted

3-27     from the sum used in computing the member's current service annuity

3-28     under Section 854.002(c).  If a payment is made under Section

3-29     854.502, the amount of the lump-sum distribution will be considered

3-30     to be included in the payments made by reason of the annuity.

3-31           SECTION 9.  Section 854.104, Government Code, is amended by

3-32     amending Subsection (c) and adding Subsection (g) to read as

3-33     follows:

3-34           (c)  An eligible person may select an [any] optional annuity

3-35     that provides [approved by the board of trustees, the entire

3-36     benefit of which is certified by the actuary as the actuarial

3-37     equivalent of the annuity to which the person is entitled, or may

3-38     select one of the following options, which provide] that:

3-39                 (1)  after the retiree's death, the reduced annuity is

3-40     payable throughout the life of a person designated by the retiree;

3-41                 (2)  after the retiree's death, one-half of the reduced

3-42     annuity is payable throughout the life of a person designated by

3-43     the retiree;

3-44                 (3)  if the retiree dies before 120 monthly annuity

3-45     payments have been made, the remainder of the 120 payments are

3-46     payable to the retiree's beneficiary or, if one does not exist, to

3-47     the retiree's estate;

3-48                 (4)  if the retiree dies before 180 monthly annuity

3-49     payments have been made, the remainder of the 180 payments are

3-50     payable to the retiree's beneficiary or, if one does not exist, to

3-51     the retiree's estate;  [or]

3-52                 (5)  after the retiree's death, two-thirds of the

3-53     reduced annuity is payable throughout the life of a person

3-54     designated by the retiree; or

3-55                 (6)  the annuity is payable only during the retiree's

3-56     lifetime.

3-57           (g)  If a person who retires after August 31, 1997, elects a

3-58     reduced retirement annuity that is payable until the death of the

3-59     last to die of the retiree and a person designated under Subsection

3-60     (e), and if the retiree survives the other person, the monthly

3-61     payments to the retiree will be increased to the amounts that would

3-62     have been payable if the retiree at the time of retirement had

3-63     elected to receive an annuity payable only during the retiree's

3-64     life, and adjustments had been made for any applicable

3-65     postretirement increases in that benefit.  The increased benefit

3-66     becomes payable the month after the month in which the person

3-67     designated under Subsection (e) dies and continues until the

3-68     retiree dies.

3-69           SECTION 10.  Section 854.203(g), Government Code, is amended

 4-1     to read as follows:

 4-2           (g)  An ordinance under this section may not take effect

 4-3     until it is approved by the board of trustees as meeting the

 4-4     requirements of this section.  The board may not approve an

 4-5     ordinance unless the actuary first determines that all obligations

 4-6     charged against the municipality's account in the municipality

 4-7     accumulation fund, including the obligations proposed in the

 4-8     ordinance, can be funded by the municipality within its maximum

 4-9     contribution rate and within its amortization period as in effect

4-10     on [before the 25th anniversary of]  the effective date of the

4-11     increases.

4-12           SECTION 11.  Section 854.305, Government Code, is amended by

4-13     amending Subsection (c) and adding Subsection (g) to read as

4-14     follows:

4-15           (c)  An eligible person may select an [any] optional annuity

4-16     that provides [approved by the board of trustees, the entire

4-17     benefit of which is certified by the actuary as the actuarial

4-18     equivalent of the annuity to which the person is entitled, or may

4-19     select one of the following options, which provide] that:

4-20                 (1)  after the retiree's death, the reduced annuity is

4-21     payable throughout the life of a person designated by the retiree;

4-22                 (2)  after the retiree's death, one-half of the reduced

4-23     annuity is payable throughout the life of a person designated by

4-24     the retiree;

4-25                 (3)  if the retiree dies before 120 monthly annuity

4-26     payments have been made, the remainder of the 120 payments are

4-27     payable to the retiree's beneficiary or, if one does not exist, to

4-28     the retiree's estate;  [or]

4-29                 (4)  if the retiree dies before 180 monthly annuity

4-30     payments have been made, the remainder of the 180 payments are

4-31     payable to the retiree's beneficiary or, if one does not exist, to

4-32     the retiree's estate; or

4-33                 (5)  after the retiree's death, two-thirds of the

4-34     reduced annuity is payable throughout the life of a person

4-35     designated by the retiree.

4-36           (g)  If a person who retires after August 31, 1997, elects a

4-37     reduced retirement annuity that is payable until the death of the

4-38     last to die of the retiree and a person designated under Subsection

4-39     (e), and if the retiree survives the other person, the monthly

4-40     payments to the retiree will be increased to the amounts that would

4-41     have been payable if the retiree had elected to receive an annuity

4-42     payable only during the retiree's life, and adjustments had been

4-43     made for any applicable postretirement increases in that benefit.

4-44     The increased benefit becomes payable the month after the month in

4-45     which the  person designated under Subsection (e) dies and

4-46     continues until the retiree dies.

4-47           SECTION 12.  Section 854.410, Government Code, is amended by

4-48     amending Subsection (c) and adding Subsection (g) to read as

4-49     follows:

4-50           (c)  An eligible person may select an [any] optional annuity

4-51     that provides [approved by the board of trustees, the entire

4-52     benefit of which is certified by the actuary as the actuarial

4-53     equivalent of the annuity to which the person is entitled, or may

4-54     select one of the following options, which provide] that:

4-55                 (1)  after the retiree's death, the reduced annuity is

4-56     payable throughout the life of a person designated by the retiree;

4-57                 (2)  after the retiree's death, one-half of the reduced

4-58     annuity is payable throughout the life of a person designated by

4-59     the retiree;

4-60                 (3)  if the retiree dies before 120 monthly annuity

4-61     payments have been made, the remainder of the 120 payments is

4-62     payable to the retiree's beneficiary or, if one does not exist, to

4-63     the retiree's estate;  [or]

4-64                 (4)  if the retiree dies before 180 monthly annuity

4-65     payments have been made, the remainder of the 180 payments is

4-66     payable to the retiree's beneficiary or, if one does not exist, to

4-67     the retiree's estate; or

4-68                 (5)  after the retiree's death, two-thirds of the

4-69     reduced annuity is payable throughout the life of a person

 5-1     designated by the retiree.

 5-2           (g)  If a person who retires after August 31, 1997, elects a

 5-3     reduced retirement annuity that is payable until the death of the

 5-4     last to die of the retiree and a person designated under Subsection

 5-5     (e), and if the retiree survives the other person, the monthly

 5-6     payments to the retiree will be increased to the amounts that would

 5-7     have been payable if the retiree at the time of retirement had

 5-8     elected to receive an annuity payable only during the retiree's

 5-9     life, and adjustments had been made for any applicable

5-10     postretirement increases in that benefit.  The increased benefit

5-11     becomes payable the month after the month in which the person

5-12     designated under Subsection (e) dies and continues until the

5-13     retiree dies.

5-14           SECTION 13.  Section 855.407, Government Code, is amended by

5-15     adding Subsections (g) and (h) to read as follows:

5-16           (g)  The governing body of a municipality may elect to have

5-17     the municipality contribute to its account in the municipality

5-18     accumulation fund at the combined rate of total compensation paid

5-19     to its employees as the actuary determines is necessary to fund all

5-20     obligations chargeable to its account in the fund within the

5-21     municipality's amortization period, regardless of other provisions

5-22     of this subtitle.

5-23           (h)  If the board of trustees adopts any change in actuarial

5-24     assumptions or in actuarial method that would result in any

5-25     municipality having an increase in its combined contribution rate

5-26     of more than one-half of one percent of the total compensation paid

5-27     to its employees based on its current amortization period, and if

5-28     its governing body adopts a resolution requesting a new

5-29     amortization period, the municipality will be assigned a new

5-30     amortization period equal to the lesser of:

5-31                 (1)  the number of years required to limit the increase

5-32     in the combined rate to one-half of one percent of the total

5-33     compensation paid to its employees; or

5-34                 (2)  the maximum number of years, not to exceed 40

5-35     years, specified by the board of trustees.

5-36           SECTION 14.  Subchapter G, Chapter 855, Government Code, is

5-37     amended by adding Sections 855.606 and 855.607 to read as follows:

5-38           Sec. 855.606.  APPEAL OF ADMINISTRATIVE DECISION.  A decision

5-39     of the board of trustees denying or limiting membership, service

5-40     credit, eligibility for or the amount of benefits payable by the

5-41     retirement system, or regarding to whom benefits should be paid is

5-42     a decision in a contested case as defined by the administrative

5-43     procedure law, Chapter 2001, and is subject to judicial review

5-44     under the substantial evidence rule in accordance with Sections

5-45     2001.174-2001.177.

5-46           Sec. 855.607.  PLAN QUALIFICATION.  It is intended that the

5-47     provisions of this subtitle be construed and administered in a

5-48     manner that the retirement system's benefit plan will be considered

5-49     a qualified plan under Section 401(a) of the Internal Revenue Code

5-50     of 1986 (26 U.S.C. Section 401).  The board of trustees may adopt

5-51     rules that modify the plan to the extent the board considers

5-52     necessary for the retirement system to be considered a qualified

5-53     plan.  Rules adopted by the board of trustees relating to plan

5-54     qualification issues are considered a part of the plan.

5-55           SECTION 15.  Section 852.004(c), Government Code, is

5-56     repealed.

5-57           SECTION 16.  This Act takes effect September 1, 1997.

5-58           SECTION 17.  The importance of this legislation and the

5-59     crowded condition of the calendars in both houses create an

5-60     emergency and an imperative public necessity that the

5-61     constitutional rule requiring bills to be read on three several

5-62     days in each house be suspended, and this rule is hereby suspended.

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