1-1                                   AN ACT

 1-2     relating to credit in, benefits from, and administration of certain

 1-3     municipal retirement systems for police officers.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 4(a), Chapter 76, Acts of the 50th

 1-6     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 1-7     is amended to read as follows:

 1-8           (a)  There is hereby created a Pension Board of the Pension

 1-9     System, in which Board there is hereby vested the general

1-10     administration, management, and responsibility for the proper and

1-11     effective operation of the Pension System.  The Board shall be

1-12     organized immediately after its members have qualified and taken

1-13     the oath of office and shall serve without compensation.  Elected

1-14     members of the Pension Board are entitled to leave from the elected

1-15     member's police department employer to attend to the official

1-16     business of the Pension System.  If the city employing the elected

1-17     members of the Pension Board withholds compensation of an elected

1-18     member who is attending to official business of the Pension System,

1-19     the Pension System may elect to adequately compensate the city for

1-20     the loss of service of the elected member.  Once the Pension Board

1-21     (by an affirmative vote of at least four Board members) makes this

1-22     election, which amounts shall be remitted from the Fund to the

1-23     city, the city shall pay to the member his regular compensation as

1-24     if no loss of service occurred.  The Board, by an affirmative vote

 2-1     of at least four  members, may elect to reimburse Board members who

 2-2     are not employees of the city for their time while attending to

 2-3     official business of the Pension System.  The amount of any

 2-4     reimbursement may not exceed $350 a month for each affected Board

 2-5     member.

 2-6           SECTION 2.  Section 5(c), Chapter 76, Acts of the 50th

 2-7     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 2-8     is amended to read as follows:

 2-9           (c)  The Pension Board shall establish the policies and

2-10     procedures for disbursements from the Fund [treasurer or the

2-11     Pension Board, as  applicable, may make a disbursement from the

2-12     Fund only on regular voucher signed by the treasurer and

2-13     countersigned by the chairman or secretary of the Pension Board].

2-14           SECTION 3.  Section 7, Chapter 76, Acts of the 50th

2-15     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

2-16     is amended to read as follows:

2-17           Sec. 7.  (a)  Beginning July 1, 1989, or on the effective

2-18     date of the 1989 amendment of this Act, whichever is later, the

2-19     city shall make contributions to the Fund after each payroll period

2-20     in an amount equal to the contribution rate certified by the

2-21     Pension Board, multiplied by the base salaries paid to members of

2-22     the Fund for that period.  Such contribution rate, expressed as a

2-23     percentage, shall be based on the results of actuarial valuations

2-24     made at least every three (3) years, with the first such actuarial

2-25     valuation to be made as of January 1, 1982.  The city's

2-26     contribution rate shall be comprised of the normal cost plus the

2-27     level percentage of salary payment required to amortize the

 3-1     actuarial liability over a period of forty (40) years from January

 3-2     1, 1983, calculated on the basis of an acceptable actuarial reserve

 3-3     funding method approved by the Pension Board.

 3-4           (b)  Notwithstanding Subsection (a)  of this section, if a

 3-5     member of the Fund is appointed after August 31, 1997, to a

 3-6     position within the police department, and the appointment is not

 3-7     made based on the results of a competitive examination, the

 3-8     contribution rate required of the city shall be increased by an

 3-9     amount equal to any difference between:

3-10                 (1)  the city's contribution rate determined under

3-11     Subsection (a) of this section, computed based on the actual

3-12     monthly base salary for all members; and

3-13                 (2)  the city's contribution rate determined under

3-14     Subsection (a) of this section, computed for each member appointed

3-15     as described by this subsection based, for all months of

3-16     participation after the date of appointment, on the monthly base

3-17     salary being paid to the person who holds the position the member

3-18     held immediately before the member was appointed to the new

3-19     position.

3-20           SECTION 4.  Section 11, Chapter 76, Acts of the 50th

3-21     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

3-22     is amended by amending Subsections (a), (g), and (h) and adding

3-23     Subsection (i) to read as follows:

3-24           (a)  A person who became a member of the Pension System

3-25     before September 1, 1981, who did not elect before January 1, 1982,

3-26     to become a member of the plan governed by Article 6243g-3, Revised

3-27     Statutes, and who has been in the service of the city police

 4-1     department for at least [the period of] twenty (20) years may

 4-2     retire on or after September 1, 1997 [July 1, 1993], and shall be

 4-3     entitled to a retirement pension of an amount equal to two and

 4-4     one-half [one-fourth] percent (2.5%) [(2.25%)] of the member's

 4-5     [his] base salary per month for  the first twenty (20) years of

 4-6     service, plus an additional amount equal to two percent (2%) of the

 4-7     member's [his] base salary per month for each year of service in

 4-8     the police department in excess of twenty (20) years, not to exceed

 4-9     a total pension equal to eighty percent (80%) of base salary.  For

4-10     this purpose, the [, such] base salary is [to be] the base salary

4-11     provided for the classified  position in the police department held

4-12     by the member, provided that if the member has not held the same

4-13     classified position for three (3) years prior to the date of

4-14     retirement, the retirement pension shall be based on the average

4-15     monthly base salary of the member for the three (3) years preceding

4-16     retirement.

4-17           (g)  Notwithstanding any other provision of this Act, as

4-18     amended, regarding increases in pensions based on any increase or

4-19     decrease of the base salary or the average monthly base salary for

4-20     the classified position or positions from which the member retired,

4-21     the provisions of this subsection shall apply.  Beginning on

4-22     January 1, 1987, the pension payable to each retired member of the

4-23     Pension System as of December 31, 1986, or the initial pension

4-24     payable to each active member who retires under the provisions of

4-25     this Act on or after January 1, 1987, which pension amounts are

4-26     referred to in this subsection as the basic pension, shall be

4-27     adjusted annually, effective April 1 of each year, upward at a rate

 5-1     equal to two-thirds (2/3) of any percentage increase in the

 5-2     Consumer Price Index for All Urban Consumers for the preceding

 5-3     year, measured by the percentage change in the average indexes for

 5-4     the two (2) respective preceding calendar years, as determined by

 5-5     the United States Department of Labor.  The adjusted pension shall

 5-6     never be less than the basic pension that such retired member would

 5-7     otherwise be entitled to receive without regard to changes in the

 5-8     Consumer Price Index and shall be based on the Consumer Price Index

 5-9     for All Urban Consumers as constructed on September 1, 1986,

5-10     provided such index continues to be published.  In the event that

5-11     publication of the Consumer Price Index as constructed on September

5-12     1, 1986, is discontinued, then the current published Consumer Price

5-13     Index shall be used for the purposes of this section.  The amount

5-14     of the annual adjustment may not be less than three percent (3%) or

5-15     more than eight percent (8%) of the pension being paid immediately

5-16     before the adjustment [adjusted pension shall never be greater than

5-17     the amount of the retired member's basic pension plus annual

5-18     increases of not more than eight percent (8%) per year, compounded,

5-19     and never less than the amount of the retired member's basic

5-20     pension plus annual increases of two and one-half percent (2.5%),

5-21     compounded], notwithstanding a greater or lesser increase in the

5-22     Consumer Price Index.

5-23           (h)  A retiree who receives a service or disability

5-24     retirement pension under this Act is entitled to receive an

5-25     additional amount each month equal to $88.05, beginning on the

5-26     person's retirement date or on the effective date of the 1989

5-27     amendment of this Act, whichever is later, and continuing until the

 6-1     end of the month in which the retiree dies.  A surviving spouse who

 6-2     receives a survivor's benefit under this Act is entitled to receive

 6-3     an additional amount each month equal to $88.05, beginning with the

 6-4     first payment of the survivor's benefit and continuing until the

 6-5     end of the month in which the surviving spouse dies.  This amount

 6-6     is intended to defray the retiree's or surviving spouse's group

 6-7     medical  insurance costs and will be paid directly by the Pension

 6-8     Fund to the retiree or surviving spouse for the person's lifetime.

 6-9           (i)  The Pension System shall recompute the retirement

6-10     benefit of each person who retired before September 1, 1997, with a

6-11     benefit of less than fifty percent (50%) of base salary for the

6-12     first twenty (20) years of service.  The recomputation consists of

6-13     multiplying the difference between fifty percent (50%) and the

6-14     percentage used in computing the retiree's benefit for the first

6-15     twenty (20) years of service at the time of retirement by the base

6-16     salary of the retiree at the time of retirement and adding the

6-17     product of the multiplication to the retiree's current retirement

6-18     benefit.  A recomputation under this subsection may not result,

6-19     however, in a benefit that would exceed the benefit to which an

6-20     active member would be entitled at retirement with the same amount

6-21     of service and base salary or in a benefit less than the benefit

6-22     the retiree is receiving at the time of the recomputation.  The

6-23     resulting benefit is the retiree's benefit for all payments and

6-24     cost-of-living adjustments made after August 31, 1997,  but the

6-25     retiree is not entitled to recomputation of any benefits paid

6-26     before September 1, 1997.

6-27           SECTION 5.  Section 12, Chapter 76, Acts of the 50th

 7-1     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 7-2     is amended to read as follows:

 7-3           Sec. 12.  DISABILITY BENEFITS.  Any member of the police

 7-4     department who becomes totally and permanently incapacitated for

 7-5     the performance of his duty by reasons of any bodily injury

 7-6     received in, or illness caused by, the performance of his duty

 7-7     shall, upon presentation to the Pension Board of proof of permanent

 7-8     disability, be retired and shall receive a retirement allowance

 7-9     equal to the greater of fifty percent (50%) of the member's base

7-10     salary or the member's accrued service pension.  A member of the

7-11     police department who becomes partially incapacitated for the

7-12     performance of duty by reason of any bodily injury received in, or

7-13     illness caused by, the performance of duty is entitled, on

7-14     presentation to the Pension Board of proof of partial disability,

7-15     to retire  and receive a retirement allowance equal to thirty-five

7-16     percent (35%) of the member's base salary.  If the injury or

7-17     illness involves a traumatic event that directly causes an

7-18     immediate cardiovascular condition resulting in partial or total

7-19     disability, the member is eligible for a partial or total

7-20     duty-connected disability pension [percentage of his disability.

7-21     Such allowance shall be computed on the same basis as a service

7-22     retirement with regard to length of service;  for example, if the

7-23     member is fifty percent (50%) disabled he shall receive one-half

7-24     (1/2) the retirement allowance granted a member as a service

7-25     retirement for the period of service he has completed, provided

7-26     that in case of a disability retirement before the member has

7-27     completed twenty (20) years of service, he shall receive an

 8-1     allowance based on the minimum allowed for twenty (20) years

 8-2     service].  Such allowance as is granted by the Pension Board shall

 8-3     be paid the member for the remainder of his life or so long as he

 8-4     remains incapacitated.  A member not otherwise eligible for a

 8-5     service pension, with ten (10) years of credited service, who

 8-6     suffers a partial disability on or after July 1, 1986, and who is

 8-7     not eligible for a duty-connected disability pension, shall be

 8-8     eligible for a pension equal to twenty percent (20%) of the

 8-9     member's base salary [final compensation] payable for two (2) years

8-10     or for the  member's life, whichever is less.  A member not

8-11     otherwise eligible for a service pension who has ten (10) or more

8-12     years of credited service, who suffers a total disability on or

8-13     after July 1,  1986, and who is not eligible for a duty-connected

8-14     pension, shall be eligible for a pension computed on the same basis

8-15     as a service retirement based upon service accrued to the date of

8-16     disability.  When any member has been retired for permanent, total

8-17     or partial disability, he shall be subject at all times to

8-18     re-examination by the Pension Board and shall submit himself to

8-19     such further examination as the Pension Board may require.  If any

8-20     member refuses to submit himself to any such examination, the

8-21     Pension Board may, within its discretion, order the payments

8-22     stopped.  If a member who has been retired under the provisions of

8-23     this Section should thereafter recover, so that in the opinion of

8-24     the Pension Board he is able to perform the usual and customary

8-25     duties formerly handled by him for the city in the police

8-26     department, and such member is reinstated or tendered reinstatement

8-27     to the position he held at the time of his retirement, then the

 9-1     Pension Board shall order such payment stopped.  No person shall be

 9-2     retired either for total or partial disability unless he files with

 9-3     the Pension Board an application for allowance, at which time the

 9-4     Pension Board shall have him examined by a physician, to be chosen

 9-5     and compensated by the Pension Board and who is to make a report to

 9-6     the Pension Board.

 9-7           SECTION 6.  Section 13, Chapter 76, Acts of the 50th

 9-8     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 9-9     is amended by adding Subsection (f) to read as follows:

9-10           (f)  The Pension System shall recompute the benefit of each

9-11     person who on September 1, 1997, is entitled to a survivor's

9-12     benefit under Subsection (a) of this section and whose original

9-13     benefit was computed at a rate less than the rate that would be

9-14     used to compute the benefit of the survivor of a member who dies on

9-15     September 1, 1997.  The recomputation consists of multiplying the

9-16     base salary of the member that was used in the original computation

9-17     by the difference between the rate that would be used to compute

9-18     the benefit of the survivor of a member who dies on September 1,

9-19     1997, and the rate used in computing the survivor's benefit at the

9-20     time of the deceased member's death and adding the product of the

9-21     multiplication to the survivor's current benefit.  A recomputation

9-22     under this subsection may not result, however, in a benefit that

9-23     would exceed the benefit to which the survivor of a member who dies

9-24     on September 1, 1997, with the same amount of service and base

9-25     salary would be entitled or in a benefit less than the benefit the

9-26     survivor is receiving at the time of the recomputation.  The

9-27     resulting benefit is the survivor's benefit for all payments and

 10-1    cost-of-living adjustments made after August 31, 1997, but the

 10-2    survivor is not entitled to recomputation of any benefits paid

 10-3    before September 1, 1997.

 10-4          SECTION 7.  Section 15, Chapter 76, Acts of the 50th

 10-5    Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 10-6    is amended by amending Subsection (g) and adding Subsection (h) to

 10-7    read as follows:

 10-8          (g)  A person who is reemployed by the city police department

 10-9    within twenty-four (24) months from the date the person's

10-10    employment is terminated is required to pay the Pension Fund an

10-11    amount equal to any contributions previously refunded to the member

10-12    under Subsection (b) of this section.  The person may execute a

10-13    promissory obligation to pay the Pension Fund within two (2) years

10-14    of the date of reemployment the full amount of the contributions

10-15    previously refunded to the member.  A member who dies or retires

10-16    before a promissory obligation executed by the member and payable

10-17    to the Pension Fund is fully paid is not eligible, nor are the

10-18    member's beneficiaries eligible, for any benefits from the Pension

10-19    Fund until the promissory obligation is paid in full.  A member who

10-20    has not repaid withdrawn contributions with interest at the time of

10-21    the member's retirement is entitled to receive credit for the

10-22    service attributable to the withdrawn contributions if, before the

10-23    end of the third month after the date the member ceases to be an

10-24    employee, the retiring member assigns to the Pension Fund any

10-25    accumulated sick and vacation pay from the city, and the amounts

10-26    assigned, combined with any cash payments by the retiring member,

10-27    are sufficient to repay the withdrawn contributions with interest

 11-1    as determined by the Board.

 11-2          (h)  A person who voluntarily or involuntarily left the

 11-3    employment of the police department other than as provided by

 11-4    Section 12 or 22 and did not receive a refund of the person's total

 11-5    contributions to the Pension System is entitled to have the service

 11-6    for which the unrefunded contributions were made credited to the

 11-7    person's retirement benefit, if the person:

 11-8                (1)  was reemployed before September 1, 1981, by the

 11-9    police department of the city at least twenty-four (24) months

11-10    after the date of employment termination; and

11-11                (2)  is employed by the department on September 1,

11-12    1997, and remains or remained employed continuously for five (5)

11-13    years after the date of reemployment.

11-14          SECTION 8.  Section 23A, Chapter 76, Acts of the 50th

11-15    Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

11-16    is amended to read as follows:

11-17          Sec. 23A.  In the event that the pension fund is terminated

11-18    or partially terminated, or contributions to the pension fund are

11-19    discontinued  completely, there shall be no reversion of funds to

11-20    the employer.  The funds shall be used exclusively for police

11-21    pensions, and the affected employees' rights to the benefits, to

11-22    the extent funded, shall be nonforfeitable.

11-23          SECTION 9.  Chapter 76, Acts of the 50th Legislature, 1947

11-24    (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by

11-25    adding Sections 23C, 23D, and 23E to read as follows:

11-26          Sec. 23C.  MAXIMUM BENEFITS FROM THE FUND.  (a)  The Fund

11-27    created by this Act is for the exclusive benefit of the members,

 12-1    retirees, and their survivors.  No part of the corpus or income of

 12-2    the Fund may ever be used for, or diverted to, any purpose other

 12-3    than the benefit of members, retirees, and their survivors as

 12-4    provided in this Act.

 12-5          (b)  A member, retiree, or survivor of a member or retiree of

 12-6    the Pension System may not accrue a retirement pension, disability

 12-7    retirement allowance, death benefit allowance, DROP benefit, or any

 12-8    other benefit under this Act in excess of the benefit limits

 12-9    applicable to the Fund under Section 415 of the Internal Revenue

12-10    Code of 1986.  The Board shall reduce the amount of any benefit

12-11    that exceeds those limits by the amount of the excess.  If total

12-12    benefits under this Fund and the benefits and contributions to

12-13    which any member is entitled under any other qualified plans

12-14    maintained by the city that employs the member would otherwise

12-15    exceed the applicable limits under Section 415 of the Internal

12-16    Revenue Code of 1986, the benefits the member would otherwise

12-17    receive from the Fund shall be reduced to the extent necessary to

12-18    enable the benefits to comply with Section 415.

12-19          (c)  Any member or survivor who receives any distribution

12-20    that is an eligible rollover distribution as defined by Section

12-21    402(c)(4) of the Internal Revenue Code of 1986 is entitled to have

12-22    that distribution transferred directly to another eligible

12-23    retirement plan of the member's or survivor's choice on providing

12-24    direction to the Pension System regarding that transfer in

12-25    accordance with procedures established by the Board.

12-26          (d)  The total salary taken into account for any purpose for

12-27    any member or retiree of the Pension System may not exceed $200,000

 13-1    for any year for an eligible participant, or $150,000 a year for an

 13-2    ineligible participant.  These dollar limits shall be adjusted from

 13-3    time to time in accordance with guidelines provided by the

 13-4    secretary of the treasury.  For purposes of this subsection, an

 13-5    eligible participant is a person who first became a member before

 13-6    1996, and an ineligible participant is a member who is not an

 13-7    eligible participant.

 13-8          (e)  Accrued benefits under this Act become 100 percent

 13-9    vested for a member on the date the member has completed twenty

13-10    (20) years of service.

13-11          (f)  Amounts representing forfeited nonvested benefits of

13-12    terminated members may not be used to increase benefits payable

13-13    from the Fund but may be used to reduce contributions for future

13-14    plan years.

13-15          (g)  Distributions of benefits must begin not later than

13-16    April 1 of the year following the calendar year during which the

13-17    member becomes 70-1/2 years of age or terminates employment with

13-18    the employer, if later, and must otherwise conform to Section

13-19    401(a)(9) of the Internal Revenue Code of 1986.

13-20          (h)  If the amount of any benefit is to be determined on the

13-21    basis of actuarial assumptions that are not otherwise specifically

13-22    set forth for that purpose in this Act, the actuarial assumptions

13-23    to be used are those earnings and mortality assumptions being used

13-24    on the date of the determination by the Fund's actuary and approved

13-25    by the Board.  The actuarial assumptions being used at any

13-26    particular time shall be attached as an addendum to a copy of this

13-27    Act and treated for all purposes as a part of the Act.  The

 14-1    actuarial assumptions may be changed by the Fund's actuary at any

 14-2    time if approved by the Board, but a change in actuarial

 14-3    assumptions may not result in any decrease in benefits accrued as

 14-4    of the effective date of the change.

 14-5          (i)  To the extent permitted by law, the Board may adjust the

 14-6    benefits of retirees and survivors by increasing any benefit that

 14-7    was reduced because of Section 415 of the Internal Revenue Code of

 14-8    1986.  If Section 415 is amended to permit the payment of amounts

 14-9    previously precluded under that section, the Board may adjust the

14-10    benefits of retirees and survivors, including the restoration of

14-11    benefits previously denied.  Benefits paid under this subsection

14-12    are not considered as extra compensation earned after retirement

14-13    but as the delayed payment of benefits earned before retirement.

14-14          Sec. 23D.  EXCESS BENEFIT PLAN.  (a)  A separate,

14-15    nonqualified, unfunded excess benefit plan is created outside the

14-16    Fund.

14-17          (b)  In this section:

14-18                (1)  "Excess benefit plan" means the separate,

14-19    nonqualified, unfunded excess benefit plan created by this section

14-20    for the benefit of eligible members, as amended or restated from

14-21    time to time, that is intended to be a "qualified governmental

14-22    excess benefit arrangement" within the meaning of Section 415(m) of

14-23    the Internal Revenue Code of 1986.

14-24                (2)  "Qualified plan" means the Fund and any other plan

14-25    maintained by the city for the exclusive benefit of some or all of

14-26    the members of the Fund that has been found by the Internal Revenue

14-27    Service to be qualified or has been treated by the city as a

 15-1    qualified plan under Section 401 of the Internal Revenue Code of

 15-2    1986.

 15-3                (3)  "Maximum benefit" means the retirement benefit a

 15-4    retiree and the spouse, dependent child, or dependent parent of a

 15-5    retiree or deceased member or retiree are entitled to receive from

 15-6    all qualified plans in any month after giving effect to Section 23C

 15-7    of this Act and any similar provisions of any other qualified plans

 15-8    designed to conform to Section 415 of the Internal Revenue Code of

 15-9    1986.

15-10                (4)  "Excess benefit participant" means any retiree

15-11    whose retirement benefits as determined on the basis of all

15-12    qualified plans without regard to the limitations of Section 23C of

15-13    this Act and comparable provisions of other qualified plans, would

15-14    exceed the maximum benefit permitted under Section 415 of the

15-15    Internal Revenue Code of 1986.

15-16                (5)  "Unrestricted benefit" means the monthly

15-17    retirement benefit a retiree and the spouse and dependent child or

15-18    dependent parent of a retiree or deceased member or retiree would

15-19    have received under the terms of all qualified plans except for the

15-20    restrictions of Section 23C of this Act and any similar provisions

15-21    of any other qualified plans designed to conform to Section 415 of

15-22    the Internal Revenue Code of 1986.

15-23          (c)  An excess benefit participant who is receiving benefits

15-24    from the Fund is entitled to a monthly benefit under this excess

15-25    benefit plan in an amount equal to the lesser of:

15-26                (1)  the member's unrestricted benefit less the maximum

15-27    benefit; or

 16-1                (2)  the amount by which the member's monthly benefit

 16-2    from the Fund has been reduced because of the limitations of

 16-3    Section 415 of the Internal Revenue Code of 1986.

 16-4          (d)  If a spouse, dependent child, or dependent parent is

 16-5    entitled to preretirement or postretirement death benefits under a

 16-6    qualified plan after the death of an excess benefit participant,

 16-7    the surviving spouse, dependent child, or dependent parent is

 16-8    entitled to a monthly benefit under the excess benefit plan equal

 16-9    to the benefit determined in accordance with this Act without

16-10    regard to the limitations under Section 23C(a) of this Act or

16-11    Section 415 of the Internal Revenue Code of 1986, less the maximum

16-12    benefit.

16-13          (e)  Any benefit to which a person is entitled under this

16-14    section shall be paid at the same time and in the same manner as

16-15    the benefit would have been paid from the Fund if payment of the

16-16    benefit from the Fund had not been precluded by Section 23C(a) of

16-17    this Act.  An excess benefit participant or any beneficiary may

16-18    not, under any circumstances, elect to defer the receipt of all or

16-19    any part of a payment due under this section.

16-20          (f)  The Board shall administer this plan, and the Board's

16-21    designee shall also carry out the business of the Board with

16-22    respect to this plan.  Except as otherwise provided by this

16-23    section, the rights, duties, and responsibilities of the Board and

16-24    the Board's designee are the same for this plan as for the Fund.

16-25          (g)  The consultants, independent auditors, attorneys, and

16-26    actuaries selected to perform services for the Fund also shall

16-27    perform services for this plan, but their fees for their services

 17-1    may not be paid by the Fund.  The actuary engaged to perform

 17-2    services for the Fund shall advise the Board of the amount of

 17-3    benefits that may not be provided from the Fund solely by reason of

 17-4    the limitations of Section 415 of the Internal Revenue Code of 1986

 17-5    and the amount of employer contributions that will be made to this

 17-6    plan rather than to the Fund.

 17-7          (h)  Contributions may not be accumulated under this plan to

 17-8    pay future retirement benefits.  Instead, each payment of employer

 17-9    contributions that would otherwise be made to the Fund under

17-10    Section 7 of this Act shall be reduced by the amount determined by

17-11    the Board or its designee as necessary to meet the requirements for

17-12    retirement benefits under this plan, including reasonable

17-13    administrative expenses, until the next payment of municipal

17-14    contributions is expected to be made to the Fund.  The employer

17-15    shall then pay to this plan, from the withheld contributions, not

17-16    earlier than the 30th day before the date each distribution of

17-17    monthly retirement benefits is required to be made from this plan,

17-18    the amount necessary to satisfy the obligation to pay monthly

17-19    retirement benefits from this plan.  The Board or its designee

17-20    shall satisfy the obligation of this plan to pay retirement

17-21    benefits from the employer contributions so transferred for that

17-22    month.

17-23          (i)  Employer contributions otherwise required to be made to

17-24    the Fund under Section 7 of this Act and any other qualified plan

17-25    shall be divided into those contributions required to pay

17-26    retirement benefits under this section and those contributions paid

17-27    into and accumulated to pay the maximum benefits required under the

 18-1    qualified plan.  Employer contributions made to provide retirement

 18-2    benefits under this section may not be commingled with the monies

 18-3    of the Fund or any other qualified plan.

 18-4          (j)  Benefits under this section are exempt from execution,

 18-5    attachment, garnishment, assignment, injunction, and other writ in

 18-6    the same manner as retirement annuities under Section 23B and may

 18-7    not be paid to any person other than the person who would have

 18-8    received the benefits from the Fund except for Section 23C(a) of

 18-9    this Act.

18-10          Sec. 23E.  AGREEMENT TO CHANGE BENEFITS.

18-11    (a)  Notwithstanding any law to the contrary, the Board, or a

18-12    designee of the Board, is responsible for representing the

18-13    interests of the Fund and all pension issues and benefits affecting

18-14    the Fund or its beneficiaries under this Act or Article 6243g-3,

18-15    Revised Statutes.  The Board may enter into written agreements with

18-16    the city on behalf of the Fund and beneficiaries of the Fund if the

18-17    agreement is approved by the Board and signed by the mayor and the

18-18    Board or the Board's designee.

18-19          (b)  A pension benefit or allowance provided by this Act or

18-20    Article 6243g-3, Revised Statutes, may be increased if the

18-21    increase:

18-22                (1)  is first approved by a qualified actuary selected

18-23    by the Board;

18-24                (2)  is approved by the Board and the city in a written

18-25    agreement as authorized by this section; and

18-26                (3)  does not deprive a member, without the member's

18-27    written consent, of a right to receive benefits that have become

 19-1    fully vested and matured in the member.

 19-2          SECTION 10.  Section 12(b), Article 6243g-3, Revised

 19-3    Statutes, is amended to read as follows:

 19-4          (b)  If a member who has less than 20 years of credited

 19-5    service ceases to be an employee, his service credits to the date

 19-6    of termination shall be canceled unless [(i)] he again becomes an

 19-7    employee within two years after such cessation of employment[;] or

 19-8    [(ii)] he subsequently acquires five years of credited service;

 19-9    and, except as otherwise provided by this subsection, the member

19-10    [provided that if he has withdrawn his contributions he] repays,

19-11    before the member retires and ceases to be an employee, any

19-12    withdrawn contributions [them] with interest at a rate determined

19-13    by the board. The member may execute a promissory note rather than

19-14    repay the contributions in cash, if the note obligates the member

19-15    to repay the contributions in full within two years after the date

19-16    of reemployment.  A member who dies or retires before the

19-17    promissory note is fully paid is not eligible, nor are the member's

19-18    beneficiaries eligible, for any benefits from the Pension Fund

19-19    until the promissory note is paid in full. A member who has not

19-20    repaid withdrawn contributions with interest at the time of the

19-21    member's retirement is entitled to receive credit for the service

19-22    attributable to the withdrawn contributions if, before the end of

19-23    the third month after the date the member ceases to be an employee,

19-24    the retiring member assigns to the Pension Fund any accumulated

19-25    sick and vacation pay from the city, and the amounts assigned,

19-26    combined with any cash payments by the retiring member, are

19-27    sufficient to repay the withdrawn contributions with interest as

 20-1    determined by the board.

 20-2          SECTION 11.  Section 13, Article 6243g-3, Revised Statutes,

 20-3    is amended by amending Subsection (a) and adding Subsection (d) to

 20-4    read as follows:

 20-5          (a)  A member who becomes totally and permanently

 20-6    incapacitated for the performance of duty as a result of a bodily

 20-7    injury received in, or illness caused by, [suffers a partial or

 20-8    total disability resulting from] an individual and specific act the

 20-9    type of which would normally occur while employed as a police

20-10    officer, shall be eligible for a duty-connected disability pension

20-11    on presentation to the pension board of proof of permanent

20-12    disability.  If such act involves a  traumatic event which directly

20-13    causes an immediate cardiovascular condition which results in

20-14    partial or total disability, the member shall be eligible for a

20-15    partial or total duty-connected disability pension. If the member

20-16    is determined to have a partial disability, the member is eligible

20-17    for a partial disability pension.

20-18          (d)  A member retired for permanent total or partial

20-19    disability is subject at all times to reexamination by the pension

20-20    board and shall submit to further examination as the pension board

20-21    requires.  The pension board may suspend or terminate pension

20-22    payments to a disability retiree who refuses to submit to required

20-23    examinations after retirement.

20-24          SECTION 12.  Section 17, Article 6243g-3, Revised Statutes,

20-25    is amended by amending Subsections (b) and (c) and adding

20-26    Subsection (d) to read as follows:

20-27          (b)  The [Effective July 1, 1991, the] amount of the monthly

 21-1    service pension payable to a [retired] member who retires on or

 21-2    after September 1, 1997 [July 1, 1988], is an amount equal to 2.5

 21-3    [2.25] percent of the member's base salary per month for the first

 21-4    20 years of service, plus an additional amount equal to two percent

 21-5    of the member's base salary per month multiplied by the number of

 21-6    years of the member's service in excess of 20 years, to the nearest

 21-7    one-twelfth of a year.  The pension may [, in the member's period

 21-8    of  credited service,] not [to] exceed a total [pension] equal to

 21-9    80 percent of the member's base salary [final compensation], except

21-10    that if the member has not held the same classified position for

21-11    three years immediately preceding the date of retirement, the

21-12    retirement pension shall be based on the average monthly base

21-13    salary of the member for the three years immediately preceding the

21-14    date of retirement.

21-15          (c)  A retiree who receives a service or disability

21-16    retirement pension under this article is entitled to receive an

21-17    additional amount each month equal to $88.05, beginning on the

21-18    person's retirement date or on the effective date of the 1989

21-19    amendment of this article, whichever is later, and continuing until

21-20    the end of the month in which the retiree dies.  A surviving spouse

21-21    who receives a survivor's benefit under this article is entitled to

21-22    receive an additional amount each month equal to $88.05, beginning

21-23    with the first payment of the survivor's benefit and continuing

21-24    until the end of the month in which the surviving spouse dies.

21-25    This amount is intended to defray the retiree's or surviving

21-26    spouse's group medical insurance costs and will be paid directly by

21-27    the pension fund to the retiree or surviving spouse for the

 22-1    person's lifetime.

 22-2          (d)  The pension system shall recompute the retirement

 22-3    benefit of each person who retired before September 1, 1997, with a

 22-4    benefit of less than 50 percent of base salary for the first 20

 22-5    years of service.  The recomputation consists of multiplying the

 22-6    difference between 50 percent and the percentage used in computing

 22-7    the retiree's benefit for the first 20 years of service at the time

 22-8    of retirement by the base salary of the retiree at the time of

 22-9    retirement and adding the product of the multiplication to the

22-10    retiree's current retirement benefit.  A recomputation under this

22-11    subsection may not result, however, in a benefit that would exceed

22-12    the benefit to which an active member would be entitled at

22-13    retirement with the same amount of service and base salary or in a

22-14    benefit less than the benefit the retiree is receiving at the time

22-15    of the recomputation.  The resulting benefit is the retiree's

22-16    benefit for all payments and cost-of-living adjustments made after

22-17    August 31, 1997, but the retiree is not entitled to recomputation

22-18    of any benefits paid before September 1, 1997.

22-19          SECTION 13.  Section 18(c), Article 6243g-3, Revised

22-20    Statutes, as added by Chapter 852, Acts of the 73rd Legislature,

22-21    Regular Session, 1993, is amended to read as follows:

22-22          (c)  If a non-retired member of the pension system who has

22-23    less than 20 years of credited service dies, either directly or

22-24    indirectly, as a result of the military service, the member's

22-25    spouse, dependent parent, or other dependents are entitled to

22-26    receive a refund of any contributions the member made to the

22-27    pension system.

 23-1          SECTION 14.  Section 21, Article 6243g-3, Revised Statutes,

 23-2    is amended by adding Subsection (d) to read as follows:

 23-3          (d)  The pension system shall recompute the benefit of each

 23-4    person who on September 1, 1997, is entitled to a survivor's

 23-5    benefit under Subsection (b) of this section and whose original

 23-6    benefit was computed at a rate less than the rate that would be

 23-7    used to compute the benefit of the survivor of a member who dies on

 23-8    September 1, 1997.  The recomputation consists of multiplying the

 23-9    base salary of the member that was used in the original computation

23-10    by the difference between the rate that would be used to compute

23-11    the benefit of the survivor of a member who dies on September 1,

23-12    1997, and the rate used in computing the survivor's benefit at the

23-13    time of the deceased member's death and adding the product of the

23-14    multiplication to the survivor's current benefit.  A recomputation

23-15    under this subsection may not result, however, in a benefit that

23-16    would exceed the benefit to which the survivor of a member who dies

23-17    on September 1, 1997, with the same amount of service and base

23-18    salary would be entitled or in a benefit less than the benefit the

23-19    survivor is receiving at the time of the recomputation.   The

23-20    resulting benefit is the survivor's benefit for all payments and

23-21    cost-of-living adjustments made after August 31, 1997, but the

23-22    survivor is not entitled to recomputation of any benefits paid

23-23    before September 1, 1997.

23-24          SECTION 15.  Section 24, Article 6243g-3, Revised Statutes,

23-25    is amended to read as follows:

23-26          Sec. 24.  ADJUSTMENT OF BENEFITS.   Beginning September 1,

23-27    1995, a pension payable under this article may be adjusted annually

 24-1    on April 1, in accordance with two-thirds (2/3) of the percentage

 24-2    changes in the Consumer Price Index for All Urban Consumers, but

 24-3    not below the original pension amount.  The amount of the annual

 24-4    adjustment under this section shall never be less than three [two

 24-5    and one-half] percent (3%) or [(2.5%) compounded and shall never

 24-6    be] more than eight percent (8%) of the pension being paid

 24-7    immediately before the adjustment [compounded], notwithstanding a

 24-8    greater or lesser increase in the consumer price index.

 24-9          SECTION 16.  Section 29, Article 6243g-3, Revised Statutes,

24-10    is amended to read as follows:

24-11          Sec. 29.  Contribution by city.  (a)  Until January 1, 1983,

24-12    the city shall pay into the fund after each payroll period an

24-13    amount equal to 20 percent of the base salaries paid to members of

24-14    the fund.  Beginning January 1, 1983, the city shall make monthly

24-15    contributions to the pension fund in an amount equal to the

24-16    percentage contribution rate multiplied by the salaries paid to

24-17    members, as defined by Section 1 of this article.  Such

24-18    contribution rate, expressed as a percentage, shall be based on the

24-19    results of actuarial valuations made at least every three years,

24-20    with the first such actuarial valuation to be made as of January 1,

24-21    1982.  The city's contribution rate shall be comprised of the

24-22    normal cost plus the level percentage of salary payment required to

24-23    amortize the actuarial liability over a period of 40 years from

24-24    January 1, 1983, calculated on the basis of an acceptable actuarial

24-25    reserve funding method approved by the pension board.

24-26          (b)  Notwithstanding Subsection (a)  of this section, if a

24-27    member of the fund is appointed after August 31, 1997, to a

 25-1    position within the police department, and the appointment is not

 25-2    made based on the results of a competitive examination, the

 25-3    contribution rate of the city shall be increased by an amount equal

 25-4    to any difference between:

 25-5                (1)  the city's contribution rate determined under

 25-6    Subsection (a) of this section, computed based on the actual

 25-7    monthly base salary for all members; and

 25-8                (2)  the city's contribution rate determined under

 25-9    Subsection (a) of this section, computed for each member appointed

25-10    as described by this subsection based, for all months of

25-11    participation after the date of appointment, on the monthly base

25-12    salary being paid to the person who holds the position the member

25-13    held immediately before the member was appointed to the new

25-14    position.

25-15          SECTION 17.  The following provisions are repealed:

25-16                (1)  Section 6(b), Chapter 76, Acts of the 50th

25-17    Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes);

25-18                (2)  Section 11(b), Chapter 76, Acts of the 50th

25-19    Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes);

25-20                (3)  Sections 1(k) and (o), Article 6243g-3, Revised

25-21    Statutes; and

25-22                (4)  Section 28(b), Article 6243g-3, Revised Statutes.

25-23          SECTION 18.  Notwithstanding Section 11(h), Chapter 76, Acts

25-24    of the 50th Legislature, 1947 (Article 6243g-1, Vernon's Texas

25-25    Civil Statutes), and Section 17(c), Article 6243g-3, Revised

25-26    Statutes, as amended by this Act, a person receiving a survivor's

25-27    benefit under either of those sections on the effective date of the

 26-1    amendments made by this Act to those provisions is entitled to the

 26-2    additional amount provided by those sections beginning with the

 26-3    first benefit payment that becomes due on or after the effective

 26-4    date of those amendments.

 26-5          SECTION 19.  The change in law made by Section 17 of this Act

 26-6    applies only to a contribution that becomes due and an annuity

 26-7    payment that becomes due on or after the effective date of that

 26-8    section.  The retirement system shall recompute the annuities of

 26-9    any annuitants whose benefits were not based on their salaries and

26-10    begin payments of the recomputed annuities with the first payments

26-11    that become due on or after the effective date of that section.  A

26-12    recomputation under this section may not result in a benefit less

26-13    than the benefit the annuitant is receiving at the time of the

26-14    recomputation.

26-15          SECTION 20.  (a)  Except as provided by Subsection (b) of

26-16    this section, this Act takes effect September 1, 1997.

26-17          (b)  If this Act receives the vote required by Section 39,

26-18    Article III, Texas Constitution, for accelerated effect, this

26-19    section and Section 23E, Chapter 76, Acts of the 50th Legislature,

26-20    1947 (Article 6243g-1, Vernon's Texas Civil Statutes), as added by

26-21    this Act, take effect July 1, 1997.

26-22          SECTION 21.  The importance of this legislation and the

26-23    crowded condition of the calendars in both houses create an

26-24    emergency and an imperative public necessity that the

26-25    constitutional rule requiring bills to be read on three several

26-26    days in each house be suspended, and this rule is hereby suspended,

26-27    and that this Act take effect and be in force according to its

 27-1    terms, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1203 was passed by the House on May

         5, 1997, by the following vote:  Yeas 138, Nays 0, 1 present, not

         voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1203 was passed by the Senate on May

         16, 1997, by the following vote:  Yeas 30, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor