By Turner of Harris                             H.B. No. 1203

      75R3208 GCH-F                           

                                A BILL TO BE ENTITLED

 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, Chapter 76, Acts of the 50th

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

 1-7     is amended by amending Subsection (a) and adding Subsection (m) to

 1-8     read as follows:

 1-9           (a)  There is hereby created a Pension Board of the Pension

1-10     System, in which Board there is hereby vested the general

1-11     administration, management, and responsibility for the proper and

1-12     effective operation of the Pension System.  The Board shall be

1-13     organized immediately after its members have qualified and taken

1-14     the oath of office and shall serve without compensation.  Elected

1-15     members of the Pension Board are entitled to leave from the elected

1-16     member's police department employer to attend to the official

1-17     business of the Pension System.  If the city employing the elected

1-18     members of the Pension Board withholds compensation of an elected

1-19     member who is attending to official business of the Pension System,

1-20     the Pension System may elect to adequately compensate the city for

1-21     the loss of service of the elected member.  Once the Pension Board

1-22     (by an affirmative vote of at least four Board members) makes this

1-23     election, which amounts shall be remitted from the Fund to the

1-24     city, the city shall pay to the member his regular compensation as

 2-1     if no loss of service occurred.  The Board, by an affirmative vote

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

 2-3     are not employees of the city for their time while attending to

 2-4     official business of the Pension System.  The Board shall determine

 2-5     the amount of any reimbursement.

 2-6           (m)(1)  If the Pension Board has not purchased insurance

 2-7     described by Subsection (j) of this section or if the insurance is

 2-8     insufficient or otherwise inadequate, the Board shall, except as

 2-9     provided by Subdivision (2) of this subsection, indemnify a Board

2-10     member or officer or employee of the Board for liability imposed as

2-11     damages because of an alleged act, error, or omission committed in

2-12     the individual's capacity as Board member or officer or employee of

2-13     the Board and for reasonable costs and expenses, including

2-14     attorney's fees, incurred in the individual's defense of a claim of

2-15     an alleged act, error, or omission.  Indemnification under this

2-16     subsection applies to acts, errors, or omissions by current and

2-17     former Board members, officers, and employees.

2-18                 (2)  The Pension Board may not indemnify a Board

2-19     member, officer, or employee for liability imposed or expenses

2-20     incurred because of the individual's dishonesty, fraudulent breach

2-21     of trust, lack of good faith, intentional fraud or deception,

2-22     intentional failure to act prudently, or gross negligence.

2-23           SECTION 2.  Section 5(c), Chapter 76, Acts of the 50th

2-24     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

2-25     is amended to read as follows:

2-26           (c)  The Pension Board shall establish the policies and

2-27     procedures for disbursements from the Fund [treasurer or the

 3-1     Pension Board, as  applicable, may make a disbursement from the

 3-2     Fund only on regular voucher signed by the treasurer and

 3-3     countersigned by the chairman or secretary of the Pension Board].

 3-4           SECTION 3.  Section 7, Chapter 76, Acts of the 50th

 3-5     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 3-6     is amended to read as follows:

 3-7           Sec. 7.  The [Beginning July 1, 1989, or on the effective

 3-8     date of the 1989 amendment of this Act, whichever is later, the]

 3-9     city shall make contributions to the Fund after each payroll period

3-10     in an amount equal to the contribution rate certified by the

3-11     Pension Board, multiplied by the base salaries paid to members of

3-12     the Fund for that period.  Such contribution rate, expressed as a

3-13     percentage, shall be based on the results of actuarial valuations

3-14     made at least every three (3) years, with the first such actuarial

3-15     valuation to be made as of January 1, 1982.  The city's

3-16     contribution rate shall be the greater of:

3-17                 (1)  the rate necessary to pay [comprised of] the

3-18     normal cost plus the level percentage of salary payment required to

3-19     amortize the actuarial liability over a period of forty (40) years

3-20     from January 1, 1983, calculated on the basis of an acceptable

3-21     actuarial reserve funding method approved by the Pension Board; or

3-22                 (2)  twice the contribution rate required of members of

3-23     the Pension System.

3-24           SECTION 4.  Sections 11(a) and (g), Chapter 76, Acts of the

3-25     50th Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil

3-26     Statutes), are amended to read as follows:

3-27           (a)  A person who became a member of the Pension System

 4-1     before September 1, 1981, who did not elect before January 1, 1982,

 4-2     to become a member of the plan governed by Article 6243g-3, Revised

 4-3     Statutes, and who has been in the service of the city police

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

 4-5     retire on or after September 1, 1997 [July 1, 1993], and shall be

 4-6     entitled to a retirement pension of an amount equal to two and

 4-7     one-half [one-fourth] percent (2.5%) [(2.25%)] of the member's

 4-8     [his] base salary per month for  the first twenty (20) years of

 4-9     service, plus an additional amount equal to two percent (2%) of the

4-10     member's [his] base salary per month for each year of service in

4-11     the police department in excess of twenty (20) years, not to exceed

4-12     a total pension equal to eighty percent (80%) of base salary.  For

4-13     this purpose, the [, such] base salary is [to be] the base salary

4-14     provided for the classified  position in the police department held

4-15     by the member, provided that if the member has not held the same

4-16     classified position for three (3) years prior to the date of

4-17     retirement, the retirement pension shall be based on the average

4-18     monthly base salary of the member for the three (3) years preceding

4-19     retirement.

4-20           (g)  Notwithstanding any other provision of this Act, as

4-21     amended, regarding increases in pensions based on any increase or

4-22     decrease of the base salary or the average monthly base salary for

4-23     the classified position or positions from which the member retired,

4-24     the provisions of this subsection shall apply.  Beginning on

4-25     January 1, 1987, the pension payable to each retired member of the

4-26     Pension System as of December 31, 1986, or the initial pension

4-27     payable to each active member who retires under the provisions of

 5-1     this Act on or after January 1, 1987, which pension amounts are

 5-2     referred to in this subsection as the basic pension, shall be

 5-3     adjusted annually, effective April 1 of each year, upward at a rate

 5-4     equal to two-thirds (2/3) of any percentage increase in the

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

 5-6     year, measured by the percentage change in the average indexes for

 5-7     the two (2) respective preceding calendar years, as determined by

 5-8     the United States Department of Labor.  The adjusted pension shall

 5-9     never be less than the basic pension that such retired member would

5-10     otherwise be entitled to receive without regard to changes in the

5-11     Consumer Price Index and shall be based on the Consumer Price Index

5-12     for All Urban Consumers as constructed on September 1, 1986,

5-13     provided such index continues to be published.  In the event that

5-14     publication of the Consumer Price Index as constructed on September

5-15     1, 1986, is discontinued, then the current published Consumer Price

5-16     Index shall be used for the purposes of this section.  The amount

5-17     of the annual adjustment may not be less than three percent (3%) or

5-18     more than eight percent (8%) of the pension being paid immediately

5-19     before the adjustment [adjusted pension shall never be greater than

5-20     the amount of the retired member's basic pension plus annual

5-21     increases of not more than eight percent (8%) per year, compounded,

5-22     and never less than the amount of the retired member's basic

5-23     pension plus annual increases of two and one-half percent (2.5%),

5-24     compounded], notwithstanding a greater or lesser increase in the

5-25     Consumer Price Index.

5-26           SECTION 5.  Section 11B(e), Chapter 76, Acts of the 50th

5-27     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 6-1     is amended to read as follows:

 6-2           (e)  The lump-sum component of a DROP benefit is determined

 6-3     as provided by this subsection.  Each month an amount equal to the

 6-4     monthly retirement pension the member would have received if the

 6-5     member had terminated employment on the effective date of the DROP

 6-6     election is credited to a notational DROP account for the member,

 6-7     and each month an amount equal to the monthly contributions the

 6-8     member makes to the Pension Fund on or after the effective date of

 6-9     the DROP election is credited to the same notational DROP account.

6-10     The Pension Board shall adopt one or more methods to determine the

6-11     rate of interest to be credited to notational DROP accounts and

6-12     shall provide for monthly crediting of interest. [As of the end of

6-13     each month an amount is credited to each member's notational DROP

6-14     account at the rate of one-twelfth of a hypothetical earnings rate

6-15     on amounts in the account.  The hypothetical earnings rate is

6-16     determined for each calendar year based on the aggregate annual

6-17     rate of return on Pension Fund investments for the five consecutive

6-18     fiscal years ending June 30 preceding the calendar year to which

6-19     the earnings rate applies.  The Pension Board may adjust the rate

6-20     before benefits are paid from a DROP account, for the purpose of

6-21     ensuring that the implementation of the DROP does not adversely

6-22     affect the actuarial condition of the Pension Fund.]

6-23           SECTION 6.  Section 12, Chapter 76, Acts of the 50th

6-24     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

6-25     is amended to read as follows:

6-26           Sec. 12.  DISABILITY BENEFITS.  Any member of the police

6-27     department who becomes totally and permanently incapacitated for

 7-1     the performance of his duty by reasons of any bodily injury

 7-2     received in, or illness caused by, the performance of his duty

 7-3     shall, upon presentation to the Pension Board of proof of permanent

 7-4     disability, be retired and shall receive a retirement allowance

 7-5     equal to the greater of fifty percent (50%) of the member's base

 7-6     salary or the member's accrued service pension.  A member of the

 7-7     police department who becomes partially incapacitated for the

 7-8     performance of duty by reason of any bodily injury received in, or

 7-9     illness caused by, the performance of duty is entitled, on

7-10     presentation to the Pension Board of proof of partial disability,

7-11     to retire  and receive a retirement allowance equal to thirty-five

7-12     percent (35%) of the member's base salary.  If the injury or

7-13     illness involves a traumatic event that directly causes an

7-14     immediate cardiovascular condition resulting in partial or total

7-15     disability, the member is eligible for a partial or total

7-16     duty-connected disability pension [percentage of his disability.

7-17     Such allowance shall be computed on the same basis as a service

7-18     retirement with regard to length of service;  for example, if the

7-19     member is fifty percent (50%) disabled he shall receive one-half

7-20     (1/2) the retirement allowance granted a member as a service

7-21     retirement for the period of service he has completed, provided

7-22     that in case of a disability retirement before the member has

7-23     completed twenty (20) years of service, he shall receive an

7-24     allowance based on the minimum allowed for twenty (20) years

7-25     service].  Such allowance as is granted by the Pension Board shall

7-26     be paid the member for the remainder of his life or so long as he

7-27     remains incapacitated.  A member not otherwise eligible for a

 8-1     service pension, with ten (10) years of credited service, who

 8-2     suffers a partial disability on or after July 1, 1986, and who is

 8-3     not eligible for a duty-connected disability pension, shall be

 8-4     eligible for a pension equal to twenty percent (20%) of the

 8-5     member's base salary [final compensation] payable for two (2) years

 8-6     or for the  member's life, whichever is less.  A member not

 8-7     otherwise eligible for a service pension who has ten (10) or more

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

 8-9     after July 1,  1986, and who is not eligible for a duty-connected

8-10     pension, shall be eligible for a pension computed on the same basis

8-11     as a service retirement based upon service accrued to the date of

8-12     disability.  When any member has been retired for permanent, total

8-13     or partial disability, he shall be subject at all times to

8-14     re-examination by the Pension Board and shall submit himself to

8-15     such further examination as the Pension Board may require.  If any

8-16     member refuses to submit himself to any such examination, the

8-17     Pension Board may, within its discretion, order the payments

8-18     stopped.  If a member who has been retired under the provisions of

8-19     this Section should thereafter recover, so that in the opinion of

8-20     the Pension Board he is able to perform the usual and customary

8-21     duties formerly handled by him for the city in the police

8-22     department, and such member is reinstated or tendered reinstatement

8-23     to the position he held at the time of his retirement, then the

8-24     Pension Board shall order such payment stopped.  No person shall be

8-25     retired either for total or partial disability unless he files with

8-26     the Pension Board an application for allowance, at which time the

8-27     Pension Board shall have him examined by a physician, to be chosen

 9-1     and compensated by the Pension Board and who is to make a report to

 9-2     the Pension Board.

 9-3           SECTION 7.  Section 23A, Chapter 76, Acts of the 50th

 9-4     Legislature, 1947 (Article 6243g-1, Vernon's Texas Civil Statutes),

 9-5     is amended to read as follows:

 9-6           Sec. 23A.  In the event that the pension fund is terminated

 9-7     or partially terminated, or contributions to the pension fund are

 9-8     discontinued  completely, there shall be no reversion of funds to

 9-9     the employer.  The funds shall be used exclusively for police

9-10     pensions, and the affected employees' rights to the benefits, to

9-11     the extent funded, shall be nonforfeitable.

9-12           SECTION 8.  Chapter 76, Acts of the 50th Legislature, 1947

9-13     (Article 6243g-1, Vernon's Texas Civil Statutes), is amended by

9-14     adding Sections 23C and 23D to read as follows:

9-15           Sec. 23C.  MAXIMUM BENEFITS FROM THE FUND.  (a)  The fund

9-16     created by this Act is for the exclusive benefit of the members,

9-17     retirees, and their survivors.  No part of the corpus or income of

9-18     the fund may ever be used for, or diverted to, any purpose other

9-19     than the benefit of members, retirees, and their survivors as

9-20     provided in this Act.

9-21           (b)  A member, retiree, or survivor of a member or retiree of

9-22     the Pension System may not accrue a retirement pension, disability

9-23     retirement allowance, death benefit allowance, DROP benefit, or any

9-24     other benefit under this Act in excess of the benefit limits

9-25     applicable to the fund under Section 415 of the Internal Revenue

9-26     Code of 1986.  The Board shall reduce the amount of any benefit

9-27     that exceeds those limits by the amount of the excess.  If total

 10-1    benefits under this fund and the benefits and contributions to

 10-2    which any member is entitled under any other qualified plans

 10-3    maintained by the city that employs the member would otherwise

 10-4    exceed the applicable limits under Section 415 of the Internal

 10-5    Revenue Code of 1986, the benefits the member would otherwise

 10-6    receive from the fund shall be reduced to the extent necessary to

 10-7    enable the benefits to comply with Section 415.

 10-8          (c)  Any member or survivor who receives any distribution

 10-9    that is an eligible rollover distribution as defined by Section

10-10    402(c)(4) of the Internal Revenue Code of 1986 is entitled to have

10-11    that distribution transferred directly to another eligible

10-12    retirement plan of the member's or survivor's choice on providing

10-13    direction to the Pension System regarding that transfer in

10-14    accordance with procedures established by the Board.

10-15          (d)  The total salary taken into account for any purpose for

10-16    any member or retiree of the Pension System may not exceed $200,000

10-17    for any year for an eligible participant, or $150,000 a year for an

10-18    ineligible participant.  These dollar limits shall be adjusted from

10-19    time to time in accordance with guidelines provided by the

10-20    secretary of the treasury.  For purposes of this subsection, an

10-21    eligible participant is a person who first became a member before

10-22    1996, and an ineligible participant is a member who is not an

10-23    eligible participant.

10-24          (e)  Accrued benefits under this Act become 100 percent

10-25    vested for a member on the date the member has completed twenty

10-26    (20) years of service.

10-27          (f)  Amounts representing forfeited nonvested benefits of

 11-1    terminated members may not be used to increase benefits payable

 11-2    from the fund but may be used to reduce contributions for future

 11-3    plan years.

 11-4          (g)  Distributions of benefits must begin not later than

 11-5    April 1 of the year following the calendar year during which the

 11-6    member becomes 70-1/2 years of age or terminates employment with

 11-7    the employer, if later, and must otherwise conform to Section

 11-8    401(a)(9) of the Internal Revenue Code of 1986.

 11-9          (h)  If the amount of any benefit is to be determined on the

11-10    basis of actuarial assumptions that are not otherwise specifically

11-11    set forth for that purpose in this Act, the actuarial assumptions

11-12    to be used are those earnings and mortality assumptions being used

11-13    on the date of the determination by the fund's actuary and approved

11-14    by the Board.  The actuarial assumptions being used at any

11-15    particular time shall be attached as an addendum to a copy of this

11-16    Act and treated for all purposes as a part of the Act.  The

11-17    actuarial assumptions may be changed by the fund's actuary at any

11-18    time if approved by the Board, but a change in actuarial

11-19    assumptions may not result in any decrease in benefits accrued as

11-20    of the effective date of the change.

11-21          (i)  To the extent permitted by law, the Board may adjust the

11-22    benefits of retirees and survivors by increasing any benefit that

11-23    was reduced because of Section 415 of the Internal Revenue Code of

11-24    1986.  If Section 415 is amended to permit the payment of amounts

11-25    previously precluded under that section, the Board may adjust the

11-26    benefits of retirees and survivors, including the restoration of

11-27    benefits previously denied.  Benefits paid under this subsection

 12-1    are not considered as extra compensation earned after retirement

 12-2    but as the delayed payment of benefits earned before retirement.

 12-3          Sec. 23D.  EXCESS BENEFIT PLAN.  (a)  A separate,

 12-4    nonqualified, unfunded excess benefit plan is created outside the

 12-5    fund.

 12-6          (b)  In this section:

 12-7                (1)  "Excess benefit plan" means the separate,

 12-8    nonqualified, unfunded excess benefit plan created by this section

 12-9    for the benefit of eligible members, as amended or restated from

12-10    time to time, that is intended to be a "qualified governmental

12-11    excess benefit arrangement" within the meaning of Section 415(m) of

12-12    the Internal Revenue Code of 1986.

12-13                (2)  "Qualified plan" means the fund and any other plan

12-14    maintained by the city for the exclusive benefit of some or all of

12-15    the members of the fund that has been found by the Internal Revenue

12-16    Service to be qualified or has been treated by the city as a

12-17    qualified plan under Section 401 of the Internal Revenue Code of

12-18    1986.

12-19                (3)  "Maximum benefit" means the retirement benefit a

12-20    retiree and the spouse, dependent child, or dependent parent of a

12-21    retiree or deceased member or retiree are entitled to receive from

12-22    all qualified plans in any month after giving effect to Section 23C

12-23    of this Act and any similar provisions of any other qualified plans

12-24    designed to conform to Section 415 of the Internal Revenue Code of

12-25    1986.

12-26                (4)  "Excess benefit participant" means any retiree

12-27    whose retirement benefits as determined on the basis of all

 13-1    qualified plans without regard to the limitations of Section 23C of

 13-2    this Act and comparable provisions of other qualified plans, would

 13-3    exceed the maximum benefit permitted under Section 415 of the

 13-4    Internal Revenue Code of 1986.

 13-5                (5)  "Unrestricted benefit" means the monthly

 13-6    retirement benefit a retiree and the spouse and dependent child or

 13-7    dependent parent of a retiree or deceased member or retiree would

 13-8    have received under the terms of all qualified plans except for the

 13-9    restrictions of Section 23C of this Act and any similar provisions

13-10    of any other qualified plans designed to conform to Section 415 of

13-11    the Internal Revenue Code of 1986.

13-12          (c)  An excess benefit participant who is receiving benefits

13-13    from the fund is entitled to a monthly benefit under this excess

13-14    benefit plan in an amount equal to the lesser of:

13-15                (1)  the member's unrestricted benefit less the maximum

13-16    benefit; or

13-17                (2)  the amount by which the member's monthly benefit

13-18    from the fund has been reduced because of the limitations of

13-19    Section 415 of the Internal Revenue Code of 1986.

13-20          (d)  If a spouse, dependent child, or dependent parent is

13-21    entitled to preretirement or postretirement death benefits under a

13-22    qualified plan after the death of an excess benefit participant,

13-23    the surviving spouse, dependent child, or dependent parent is

13-24    entitled to a monthly benefit under the excess benefit plan equal

13-25    to the benefit determined in accordance with this Act without

13-26    regard to the limitations under Section 23C(a) of this Act or

13-27    Section 415 of the Internal Revenue Code of 1986, less the maximum

 14-1    benefit.

 14-2          (e)  Any benefit to which a person is entitled under this

 14-3    section shall be paid at the same time and in the same manner as

 14-4    the benefit would have been paid from the fund if payment of the

 14-5    benefit from the fund had not been precluded by Section 23C(a) of

 14-6    this Act.  An excess benefit participant or any beneficiary may

 14-7    not, under any circumstances, elect to defer the receipt of all or

 14-8    any part of a payment due under this section.

 14-9          (f)  The Board shall administer this plan, and the Board's

14-10    designee shall also carry out the business of the Board with

14-11    respect to this plan.  Except as otherwise provided by this

14-12    section, the rights, duties, and responsibilities of the Board and

14-13    the Board's designee are the same for this plan as for the fund.

14-14          (g)  The consultants, independent auditors, attorneys, and

14-15    actuaries selected to perform services for the fund also shall

14-16    perform services for this plan, but their fees for their services

14-17    may not be paid by the fund.  The actuary engaged to perform

14-18    services for the fund shall advise the Board of the amount of

14-19    benefits that may not be provided from the fund solely by reason of

14-20    the limitations of Section 415 of the Internal Revenue Code of 1986

14-21    and the amount of employer contributions that will be made to this

14-22    plan rather than to the fund.

14-23          (h)  Contributions may not be accumulated under this plan to

14-24    pay future retirement benefits.  Instead, each payment of employer

14-25    contributions that would otherwise be made to the fund under

14-26    Section 7 of this Act shall be reduced by the amount determined by

14-27    the Board or its designee as necessary to meet the requirements for

 15-1    retirement benefits under this plan, including reasonable

 15-2    administrative expenses, until the next payment of municipal

 15-3    contributions is expected to be made to the fund.  The employer

 15-4    shall then pay to this plan, from the withheld contributions, not

 15-5    earlier than the 30th day before the date each distribution of

 15-6    monthly retirement benefits is required to be made from this plan,

 15-7    the amount necessary to satisfy the obligation to pay monthly

 15-8    retirement benefits from this plan.  The Board or its designee

 15-9    shall satisfy the obligation of this plan to pay retirement

15-10    benefits from the employer contributions so transferred for that

15-11    month.

15-12          (i)  Employer contributions otherwise required to be made to

15-13    the fund under Section 7 of this Act and any other qualified plan

15-14    shall be divided into those contributions required to pay

15-15    retirement benefits under this section and those contributions paid

15-16    into and accumulated to pay the maximum benefits required under the

15-17    qualified plan.  Employer contributions made to provide retirement

15-18    benefits under this section may not be commingled with the monies

15-19    of the fund or any other qualified plan.

15-20          (j)  Benefits under this section are exempt from execution,

15-21    attachment, garnishment, assignment, injunction, and other writ in

15-22    the same manner as retirement annuities under Section 23B and may

15-23    not be paid to any person other than the person who would have

15-24    received the benefits from the fund except for Section 23C(a) of

15-25    this Act.

15-26          SECTION 9.  Section 13, Article 6243g-3, Revised Statutes, is

15-27    amended by amending Subsection (a) and adding Subsection (d) to

 16-1    read as follows:

 16-2          (a)  A member who becomes totally and permanently

 16-3    incapacitated for the performance of duty as a result of a bodily

 16-4    injury received in, or illness caused by, [suffers a partial or

 16-5    total disability resulting from] an individual and specific act the

 16-6    type of which would normally occur while employed as a police

 16-7    officer, shall be eligible for a duty-connected disability pension

 16-8    on presentation to the pension board of proof of permanent

 16-9    disability.  If such act involves a  traumatic event which directly

16-10    causes an immediate cardiovascular condition which results in

16-11    partial or total disability, the member shall be eligible for a

16-12    partial or total duty-connected disability pension. If the member

16-13    is determined to have a partial disability, the member is eligible

16-14    for a partial disability pension.

16-15          (d)  A member retired for permanent total or partial

16-16    disability is subject at all times to reexamination by the pension

16-17    board and shall submit to further examination as the pension board

16-18    requires.  The pension board may suspend or terminate pension

16-19    payments to a disability retiree who refuses to submit to required

16-20    examinations after retirement.

16-21          SECTION 10.  Section 15A(e), Article 6243g-3, Revised

16-22    Statutes, is amended to read as follows:

16-23          (e)  The lump-sum component of a DROP benefit is determined

16-24    as provided by this subsection.  Each month an amount equal to the

16-25    monthly retirement pension the member would have received if the

16-26    member had terminated employment on the effective date of the DROP

16-27    election is credited to a notational DROP account for the member,

 17-1    and each month an amount equal to the monthly contributions the

 17-2    member makes to the fund on or after the effective date of the DROP

 17-3    election is credited to the same notational DROP account.  The

 17-4    pension board shall adopt one or more methods to determine the rate

 17-5    of interest to be credited to notational DROP accounts and shall

 17-6    provide for monthly crediting of interest.  [As of the end of each

 17-7    month an amount is credited to each member's notational DROP

 17-8    account at the rate of one-twelfth of a hypothetical earnings rate

 17-9    on amounts in the account.  The hypothetical earnings rate is

17-10    determined for each calendar year based on the aggregate annual

17-11    rate of return on fund investments for the five consecutive fiscal

17-12    years ending June 30 preceding the calendar year to which the

17-13    earnings rate applies.  The board may adjust the rate before

17-14    benefits are paid from a DROP account, for the purpose of ensuring

17-15    that the implementation of the DROP does not adversely affect the

17-16    actuarial condition of the fund.]

17-17          SECTION 11.  Section 17(b), Article 6243g-3, Revised

17-18    Statutes, is amended to read as follows:

17-19          (b)  The [Effective July 1, 1991, the] amount of the monthly

17-20    service pension payable to a [retired] member who retires on or

17-21    after September 1, 1997 [July 1, 1988], is an amount equal to 2.5

17-22    [2.25] percent of the member's base salary per month for the first

17-23    20 years of service, plus an additional amount equal to two percent

17-24    of the member's base salary per month multiplied by the number of

17-25    years of the member's service in excess of 20 years, to the nearest

17-26    one-twelfth of a year.  The pension may [, in the member's period

17-27    of  credited service,] not [to] exceed a total [pension] equal to

 18-1    80 percent of the member's base salary [final compensation], except

 18-2    that if the member has not held the same classified position for

 18-3    three years immediately preceding the date of retirement, the

 18-4    retirement pension shall be based on the average monthly base

 18-5    salary of the member for the three years immediately preceding the

 18-6    date of retirement.

 18-7          SECTION 12.  Section 24, Article 6243g-3, Revised Statutes,

 18-8    is amended to read as follows:

 18-9          Sec. 24.  ADJUSTMENT OF BENEFITS.   Beginning September 1,

18-10    1995, a pension payable under this article may be adjusted annually

18-11    on April 1, in accordance with two-thirds (2/3) of the percentage

18-12    changes in the Consumer Price Index for All Urban Consumers, but

18-13    not below the original pension amount.  The amount of the annual

18-14    adjustment under this section shall never be less than three [two

18-15    and one-half] percent (3%) or [(2.5%) compounded and shall never

18-16    be] more than eight percent (8%) of the pension being paid

18-17    immediately before the adjustment [compounded], notwithstanding a

18-18    greater or lesser increase in the consumer price index.

18-19          SECTION 13.  Section 29, Article 6243g-3, Revised Statutes,

18-20    is amended to read as follows:

18-21          Sec. 29.  CONTRIBUTION BY CITY.  The [Until January 1, 1983,

18-22    the city shall pay into the fund after each payroll period an

18-23    amount equal to 20 percent of the base salaries paid to members of

18-24    the fund.  Beginning January 1, 1983, the] city shall make monthly

18-25    contributions to the pension fund in an amount equal to the

18-26    percentage contribution rate multiplied by the salaries paid to

18-27    members, as defined by Section 1 of this article.  Such

 19-1    contribution rate, expressed as a percentage, shall be based on the

 19-2    results of actuarial valuations made at least every three years[,

 19-3    with the first such actuarial valuation to be made as of January 1,

 19-4    1982].  The city's contribution rate shall be the greater of:

 19-5                (1)  the rate necessary to pay [comprised of] the

 19-6    normal cost plus the level percentage of salary payment required to

 19-7    amortize the actuarial liability over a period of 40 years from

 19-8    January 1, 1983, calculated on the basis of an acceptable actuarial

 19-9    reserve funding method approved by the pension board; or

19-10                (2)  twice the contribution rate required of members

19-11    of the pension system.

19-12          SECTION 14.  Sections 1(k) and (o), Article 6243g-3, Revised

19-13    Statutes, are repealed.

19-14          SECTION 15.  This Act takes effect September 1, 1997.

19-15          SECTION 16.  The importance of this legislation and the

19-16    crowded condition of the calendars in both houses create an

19-17    emergency and an imperative public necessity that the

19-18    constitutional rule requiring bills to be read on three several

19-19    days in each house be suspended, and this rule is hereby suspended.