By Yarbrough                                    H.B. No. 1502

      75R6764 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to eligibility for, and payment of, benefits by certain

 1-3     public retirement systems for municipal employees.

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

 1-5           SECTION 1.  Sections 2(g) and (l), Chapter 358, Acts of the

 1-6     48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil

 1-7     Statutes), are amended to read as follows:

 1-8           (g)  "Employee" means and includes any person whose name

 1-9     appears on a regular full time payroll of any such city or Pension

1-10     System and who is paid a regular salary for his services.

1-11     Provided,  that any elected official who becomes a member of the

1-12     Pension System as permitted by this amended Act shall be considered

1-13     to be and to have been an employee during the period of any service

1-14     as an elected official.

1-15           (l)  "Pension Fund" or "fund" means assets consisting of the

1-16     contributions made by the city, contributions made by any member of

1-17     Group A, and any income derived from investments made from those

1-18     contributions, which are held in trust for the sole benefit of the

1-19     members of the Pension System.

1-20           SECTION 2.  Sections 11(a) and (b), Chapter 358, Acts of the

1-21     48th Legislature, 1943 (Article 6243g, Vernon's Texas Civil

1-22     Statutes), are amended to read as follows:

1-23           (a)  Any [Group A] member of such Pension System who has

1-24     attained fifty (50) years of age and completed twenty-five (25) or

 2-1     more years of credited service, [and any Group A member of such

 2-2     Pension System] who has attained fifty-five (55) years of age and

 2-3     completed twenty (20) or more years of credited service, [and any

 2-4     Group A member of the Pension System] who has attained sixty (60)

 2-5     years of age and completed ten (10) or more years of credited

 2-6     service, or who has attained sixty-two (62) years of age and

 2-7     completed five (5) or more years of credited service shall be

 2-8     eligible for a pension.

 2-9           (b)  The amount of the monthly pension for each [such] Group

2-10     A member shall equal the member's average monthly salary multiplied

2-11     by two percent (2%) for each of the member's first twenty (20)

2-12     years of credited service and two and three-quarters [one-half]

2-13     percent (2-3/4%) [(2-1/2%)] for each additional year of credited

2-14     service of such member.  For purposes of this Subsection, such

2-15     average salary shall be computed by adding together the

2-16     seventy-eight (78) highest biweekly salaries paid to a member

2-17     during his period of credited service and dividing the sum by

2-18     thirty-six (36). Provided, however, that no Group A member's

2-19     pension shall be more than eighty percent (80%) of such average

2-20     salary;  and no Group A member's pension shall be less than Eight

2-21     Dollars ($8) a month for each year of credited service, or One

2-22     Hundred Dollars ($100) a month total pension, whichever is the

2-23     greater amount.

2-24           SECTION 3.  Section 12(d), Chapter 358, Acts of the 48th

2-25     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

2-26     is amended to read as follows:

2-27           (d)(1)  Any Group A member receiving a disability pension in

 3-1     accordance with this section or any Group B member receiving a

 3-2     disability pension in accordance with Section 25 of this Act shall,

 3-3     each April 1, submit a sworn affidavit stating his earnings for the

 3-4     previous calendar year, if any, obtained from any gainful

 3-5     occupation.  If the earnings together with the disability pension

 3-6     being received by any member exceed the monthly salary of such

 3-7     member at the time of his separation from service, as adjusted

 3-8     annually by compounded cost-of-living adjustments made in the

 3-9     manner provided by Section 11(g) of this Act, the Pension Board

3-10     shall have authority to reduce the amount of pension.  Failure to

3-11     submit an affidavit of earnings or submission of a materially false

3-12     affidavit shall be cause for suspension of the pension upon proper

3-13     action by the Pension Board.

3-14                 (2)  No member shall receive a disability and service

3-15     pension at the same time.  If [However, in the event] a member who

3-16     is already eligible for retirement is granted a disability pension

3-17     and, thereafter, although his disability ceases to exist, he does

3-18     not return to work for the city, he shall be entitled to receive a

3-19     service pension, calculated in accordance with Section 11 for Group

3-20     A members and Section 24 for Group B members.  Such service pension

3-21     shall be based on actual service up to the time of disability.  If

3-22     a disability does not cease before a member becomes sixty-five (65)

3-23     years of age while continuing to receive a disability pension, the

3-24     Pension System shall reclassify the pension as a service pension,

3-25     without regard to whether the person is otherwise eligible to

3-26     receive a service pension.

3-27                 (3)  When any member has been retired for disability,

 4-1     he shall be subject at all times to re-examination by the Pension

 4-2     Board and shall submit himself to such further examination as the

 4-3     Pension Board may require.  If any such member shall refuse to

 4-4     submit himself to any such examination, the Pension Board may,

 4-5     within its discretion, order said payments stopped.  If such a

 4-6     member who has been retired under the provisions of this Section

 4-7     should thereafter recover so that in the opinion of the Pension

 4-8     Board he is able to perform the usual and customary duties formerly

 4-9     handled by him for said city, and such member is reinstated or

4-10     tendered reinstatement to the position he had at the time of his

4-11     retirement, then the Pension Board shall order such pension

4-12     payments stopped.

4-13           SECTION 4.  Section 13, Chapter 358, Acts of the 48th

4-14     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

4-15     is amended to read as follows:

4-16           Sec. 13.  MONTHLY ALLOWANCE TO SURVIVING SPOUSES [WIDOWS] AND

4-17     CHILDREN.  If any Group A or Group B member of the Pension System,

4-18     as herein defined, shall die from any cause whatsoever after having

4-19     completed five (5) [ten (10)] years of service with the city, or

4-20     if, while in the service of the city, any such member shall die

4-21     from any cause growing out of or in consequence of the performance

4-22     of his duty, or shall die after he has been retired on pension

4-23     because of length of service or disability and shall leave a

4-24     surviving spouse [widow or widower], or a qualifying child or

4-25     children [under the age of eighteen (18) years], or both a spouse

4-26     [such widow or widower] and a qualifying child or children, said

4-27     Board shall order paid monthly allowances as follows:

 5-1           (a)  To the surviving spouse of a member who dies after

 5-2     having completed five (5) years of service with the city but before

 5-3     beginning to receive retirement benefits or who dies from a cause

 5-4     growing out of or in consequence of the performance of duty with

 5-5     the city [widow or widower], provided she or he shall have married

 5-6     such member before the decedent terminated employment with the city

 5-7     [prior to her or his retirement], a sum equal to one-half (1/2) of

 5-8     the retirement benefits that the deceased Group A member would have

 5-9     been entitled to had she or he been totally disabled at the time of

5-10     her or his retirement or death, but the allowance payable to the

5-11     surviving spouse [any such widow or widower] shall not in any event

5-12     be less than Fifty Dollars ($50) a month.

5-13           (b)  To the surviving spouse of a person who dies after

5-14     having begun to receive retirement benefits, a sum equal to

5-15     seventy-five percent (75%) of the retirement benefits being

5-16     received at the time of the retiree's death, if the surviving

5-17     spouse married the decedent before the decedent terminated

5-18     employment with the city.

5-19           (c)  If there is a surviving spouse, each dependent child

5-20     shall receive a death benefit equal to ten percent (10%) of the

5-21     pension the member would have received if the member had been

5-22     disabled at the time of death, to a maximum of twenty percent (20%)

5-23     for all dependent children.

5-24           (d) [(c)]  If there is no surviving spouse, each dependent

5-25     child shall receive a death benefit equal to twenty percent (20%)

5-26     of the pension the member would have received if the member had

5-27     been disabled at the time of death, to a maximum of forty percent

 6-1     (40%) for all dependent children.

 6-2           (e) [(d)]  Benefits payable to each dependent child shall be

 6-3     paid if [until] the child:

 6-4                 (1)  is younger than [becomes] eighteen (18) years of

 6-5     age and unmarried;

 6-6                 (2)  is a full-time student and younger than

 6-7     twenty-three (23) years of age; or

 6-8                 (3)  is permanently and totally disabled because of

 6-9     illness, injury, or retardation.

6-10           (f)  Benefits for a dependant child are [or marries and shall

6-11     be] payable to the guardian of the child.  The term "guardian," as

6-12     used in this subsection, means the person who has the primary

6-13     responsibility for a child's care and support, for example, the

6-14     surviving spouse, legal guardian, managing conservator, or any

6-15     other person with a similar legal relationship to the child.

6-16           SECTION 5.  Section 24, Chapter 358, Acts of the 48th

6-17     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

6-18     is amended to read as follows:

6-19           Sec. 24.  AMOUNT OF PENSION.  [(a)]  The amount of the normal

6-20     pension payable to a retired Group B member shall equal the

6-21     member's average monthly salary multiplied by one and one-quarter

6-22     percent (1-1/4%) for each of the member's first ten (10) years of

6-23     credited service, one and three-fifths percent (1-3/5%) for each of

6-24     the next ten (10) years of credited service, and two [one and

6-25     three-quarters] percent (2%) [(1-3/4%)] for each additional year,

6-26     taken to the nearest twelfth (12th) of a year, in the period of

6-27     credited service. The normal pension of a retired Group B member

 7-1     may not exceed eighty percent (80%) of the member's average monthly

 7-2     salary computed under this section.  Average monthly salary shall

 7-3     be the average of the seventy-eight (78) highest biweekly salaries

 7-4     during a member's period of credited service.

 7-5           SECTION 6.  Section 28(a), Chapter 358, Acts of the 48th

 7-6     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

 7-7     is amended to read as follows:

 7-8           (a)  The surviving spouse and/or dependent child or children

 7-9     of a Group B member shall be eligible for a death benefit, if the

7-10     member died before September 1, 1997 [dies]:

7-11                 (1)  from any cause while in service of the city and

7-12     has five (5) years of credited service; or

7-13                 (2)  from any cause while in service of the city in

7-14     consequence of the performance of his duty.

7-15           SECTION 7.  Section 29(a), Chapter 358, Acts of the 48th

7-16     Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

7-17     is amended to read as follows:

7-18           (a)  A Group B member who terminated employment with the city

7-19     or the Pension System before September 1, 1997, may elect at the

7-20     time of  retirement or termination of employment to have his normal

7-21     or early pension paid under one of the options provided by

7-22     Subsection (b) of this section.

7-23           SECTION 8.  Chapter 358, Acts of the 48th Legislature, 1943

7-24     (Article 6243g, Vernon's Texas Civil Statutes), is amended by

7-25     adding Sections 31B, 31C, and 31D to read as follows:

7-26           Sec. 31B.  DEFERRED RETIREMENT OPTION PLAN.  (a)  In this

7-27     section:

 8-1                 (1)  "DROP" means the deferred retirement option plan

 8-2     established under this Act.

 8-3                 (2)  "DROP benefit" means a member's total DROP account

 8-4     balance at the time the member terminates active service.

 8-5                 (3)  "DROP member" means a Pension System member who is

 8-6     participating in the DROP.

 8-7           (b)  The Board shall design and implement a deferred

 8-8     retirement option plan for members of the Pension System.

 8-9           (c)  A member who is eligible to receive a normal retirement

8-10     pension under this Act and who remains in active service with the

8-11     city may file with the Pension System an election to participate in

8-12     the DROP and receive a DROP benefit.  Except as otherwise provided

8-13     by this section, an election to participate in the DROP is

8-14     irrevocable.  The effective date of a member's participation in the

8-15     DROP is the first day of the first month following the month in

8-16     which the Board approves the member's DROP election.

8-17           (d)  Credits to a member's DROP account consist of:

8-18                 (1)  a monthly amount equal to the member's normal

8-19     accrued monthly retirement benefit on the effective date of the

8-20     member's participation in the DROP, adjusted for cost-of-living

8-21     adjustments that occur on or after the effective date of the DROP

8-22     and that otherwise would apply to the benefit;

8-23                 (2)  a Plan A member's regular biweekly contributions;

8-24     and

8-25                 (3)  interest on the member's DROP account balance

8-26     computed at a rate determined by the Board and compounded at

8-27     intervals designated by the Board, but at least once in each

 9-1     thirteen-month period.

 9-2           (e)  Credits to a member's DROP account begin on the

 9-3     effective date of the member's participation in the DROP and

 9-4     continue until the DROP member terminates active service with the

 9-5     city.  Amounts are creditable for partial crediting periods.

 9-6     Credits may not be made to a member's DROP account for a period

 9-7     that occurs after the member terminates active service with the

 9-8     city.

 9-9           (f)  A DROP member who terminates active service with the

9-10     city is entitled to receive the member's DROP benefit in a lump sum

9-11     or in periodic payments, plus a monthly retirement benefit.  The

9-12     Board shall determine a reasonable time for lump-sum and periodic

9-13     DROP benefit payments and shall approve the monthly retirement

9-14     benefit.  Normal retirement benefits cease to accrue on the

9-15     effective date of a member's participation in the DROP, and the

9-16     monthly retirement benefit approved by the Board for payment after

9-17     the member terminates active service is based on the member's 78

9-18     highest biweekly salaries.

9-19           (g)  The beneficiaries of a deceased DROP member may

9-20     collectively revoke the deceased member's election to participate

9-21     in the DROP.

9-22           (h)  A DROP member is ineligible for disability benefits

9-23     provided by this Act, except that a DROP member who incurs an

9-24     on-duty, service-related disability may revoke the member's DROP

9-25     election.

9-26           (i)  A DROP election revocation must be made at a time and in

9-27     a manner determined by the Board.  After revocation, the balance in

 10-1    the DROP account reverts to the Pension System, a distribution of

 10-2    DROP benefits may not be made to the member or the member's

 10-3    beneficiaries, and the benefits based on the member's service will

 10-4    be determined as if the member's DROP election had never occurred.

 10-5          (j)  If an unanticipated actuarial cost occurs in

 10-6    administering the DROP, the Board, on the advice of the Pension

 10-7    System's actuary, may take action necessary to mitigate the

 10-8    unanticipated cost, including refusal to accept additional

 10-9    elections to participate in the plan, but the Pension System shall

10-10    continue to administer the plan for the members participating in

10-11    the plan before the date of the mitigating action.

10-12          Sec. 31C.  MAXIMUM BENEFITS FROM THE FUND.  (a)  The fund

10-13    created by this Act is for the exclusive benefit of the members,

10-14    retirees, and their survivors.  No part of the corpus or income of

10-15    the fund may ever be used for, or diverted to, any purpose other

10-16    than the benefit of members, retirees, and their survivors as

10-17    provided in this Act.

10-18          (b)  A member, retiree, or survivor of a member or retiree of

10-19    the Pension System may not accrue a retirement pension, disability

10-20    retirement allowance, death benefit allowance, DROP benefit, or any

10-21    other benefit under this Act in excess of the benefit limits

10-22    applicable to the fund under Section 415 of the Internal Revenue

10-23    Code of 1986.  The Board shall reduce the amount of any benefit

10-24    that exceeds those limits by the amount of the excess.  If total

10-25    benefits under this fund and the benefits and contributions to

10-26    which any member is entitled under any other qualified plans

10-27    maintained by the city that employs the member would otherwise

 11-1    exceed the applicable limits under Section 415 of the Internal

 11-2    Revenue Code of 1986, the benefits the member would otherwise

 11-3    receive from the fund shall be reduced to the extent necessary to

 11-4    enable the benefits to comply with Section 415.

 11-5          (c)  Any member or survivor who receives any distribution

 11-6    that is an eligible rollover distribution as defined by Section

 11-7    402(c)(4) of the Internal Revenue Code of 1986 is entitled to have

 11-8    that distribution transferred directly to another eligible

 11-9    retirement plan of the member's or survivor's choice on providing

11-10    direction to the Pension System regarding that transfer in

11-11    accordance with procedures established by the Board.

11-12          (d)  The total salary taken into account for any purpose for

11-13    any member or retiree of the Pension System may not exceed $200,000

11-14    for any year for an eligible participant, or $150,000 a year for an

11-15    ineligible participant.  These dollar limits shall be adjusted from

11-16    time to time in accordance with guidelines provided by the

11-17    secretary of the treasury.  For purposes of this subsection, an

11-18    eligible participant is a person who first became a member before

11-19    1996, and an ineligible participant is a member who is not an

11-20    eligible participant.

11-21          (e)  Accrued benefits under this Act become 100 percent

11-22    vested for a member on the date the member has completed five (5)

11-23    years of service.

11-24          (f)  Amounts representing forfeited nonvested benefits of

11-25    terminated members may not be used to increase benefits payable

11-26    from the fund but may be used to reduce contributions for future

11-27    plan years.

 12-1          (g)  Distributions of benefits must begin not later than

 12-2    April 1 of the year following the calendar year during which the

 12-3    member becomes 70-1/2 years of age or terminates employment with

 12-4    the employer, if later, and must otherwise conform to Section

 12-5    401(a)(9) of the Internal Revenue Code of 1986.

 12-6          (h)  If the amount of any benefit is to be determined on the

 12-7    basis of actuarial assumptions that are not otherwise specifically

 12-8    set forth for that purpose in this Act, the actuarial assumptions

 12-9    to be used are those earnings and mortality assumptions being used

12-10    on the date of the determination by the fund's actuary and approved

12-11    by the Board.  The actuarial assumptions being used at any

12-12    particular time shall be attached as an addendum to a copy of this

12-13    Act and treated for all purposes as a part of the Act.  The

12-14    actuarial assumptions may be changed by the fund's actuary at any

12-15    time if approved by the Board, but a change in actuarial

12-16    assumptions may not result in any decrease in benefits accrued as

12-17    of the effective date of the change.

12-18          (i)  To the extent permitted by law, the Board may adjust the

12-19    benefits of retirees and survivors by increasing any benefit that

12-20    was reduced because of Section 415 of the Internal Revenue Code of

12-21    1986.  If Section 415 is amended to permit the payment of amounts

12-22    previously precluded under that section, the Board may adjust the

12-23    benefits of retirees and survivors, including the restoration of

12-24    benefits previously denied.  Benefits paid under this subsection

12-25    are not considered as extra compensation earned after retirement

12-26    but as the delayed payment of benefits earned before retirement.

12-27          Sec. 31D.  EXCESS BENEFIT PLAN.  (a)  A separate,

 13-1    nonqualified, unfunded excess benefit plan is created outside the

 13-2    fund.

 13-3          (b)  In this section:

 13-4                (1)  "Excess benefit plan" means the separate,

 13-5    nonqualified, unfunded excess benefit plan created by this section

 13-6    for the benefit of eligible members, as amended or restated from

 13-7    time to time, that is intended to be a "qualified governmental

 13-8    excess benefit arrangement" within the meaning of Section 415(m) of

 13-9    the Internal Revenue Code of 1986.

13-10                (2)  "Qualified plan" means the fund and any other plan

13-11    maintained by the city for the exclusive benefit of some or all of

13-12    the members of the fund that has been found by the Internal Revenue

13-13    Service to be qualified or has been treated by the city as a

13-14    qualified plan under Section 401 of the Internal Revenue Code of

13-15    1986.

13-16                (3)  "Maximum benefit" means the retirement benefit a

13-17    retiree and the spouse or dependent child of a retiree or deceased

13-18    member or retiree are entitled to receive from all qualified plans

13-19    in any month after giving effect to Section 31C of this Act and any

13-20    similar provisions of any other qualified plans designed to conform

13-21    to Section 415 of the Internal Revenue Code of 1986.

13-22                (4)  "Excess benefit participant" means any retiree

13-23    whose retirement benefits as determined on the basis of all

13-24    qualified plans without regard to the limitations of Section 31C of

13-25    this Act and comparable provisions of other qualified plans, would

13-26    exceed the maximum benefit permitted under Section 415 of the

13-27    Internal Revenue Code of 1986.

 14-1                (5)  "Unrestricted benefit" means the monthly

 14-2    retirement benefit a retiree and the surviving spouse and dependent

 14-3    child of a retiree or deceased member or retiree would have

 14-4    received under the terms of all qualified plans except for the

 14-5    restrictions of Section 31C of this Act and any similar provisions

 14-6    of any other qualified plans designed to conform to Section 415 of

 14-7    the Internal Revenue Code of 1986.

 14-8          (c)  An excess benefit participant who is receiving benefits

 14-9    from the fund is entitled to a monthly benefit under this excess

14-10    benefit plan in an amount equal to the lesser of:

14-11                (1)  the member's unrestricted benefit less the maximum

14-12    benefit; or

14-13                (2)  the amount by which the member's monthly benefit

14-14    from the fund has been reduced because of the limitations of

14-15    Section 415 of the Internal Revenue Code of 1986.

14-16          (d)  If a surviving spouse or dependent child is entitled to

14-17    preretirement or postretirement death benefits under a qualified

14-18    plan after the death of an excess benefit participant, the

14-19    surviving spouse or dependent child  is entitled to a monthly

14-20    benefit under the excess benefit plan equal to the benefit

14-21    determined in accordance with this Act without regard to the

14-22    limitations under Section 31C of this Act or Section 415 of the

14-23    Internal Revenue Code of 1986, less the maximum benefit.

14-24          (e)  Any benefit to which a person is entitled under this

14-25    section shall be paid at the same time and in the same manner as

14-26    the benefit would have been paid from the fund if payment of the

14-27    benefit from the fund had not been precluded by Section 31C of this

 15-1    Act.  An excess benefit participant or any beneficiary may not,

 15-2    under any circumstances, elect to defer the receipt of all or any

 15-3    part of a payment due under this section.

 15-4          (f)  The Board shall administer this plan, and the executive

 15-5    director also shall carry out the business of the Board with

 15-6    respect to this plan.  Except as otherwise provided by this

 15-7    section, the rights, duties, and responsibilities of the Board and

 15-8    the executive director are the same for this plan as for the fund.

 15-9          (g)  The consultants, independent auditors, attorneys, and

15-10    actuaries selected to perform services for the fund also shall

15-11    perform services for this plan, but their fees for their services

15-12    may not be paid by the fund.  The actuary engaged to perform

15-13    services for the fund shall advise the Board of the amount of

15-14    benefits that may not be provided from the fund solely by reason of

15-15    the limitations of Section 415 of the Internal Revenue Code of 1986

15-16    and the amount of employer contributions that will be made to this

15-17    plan rather than to the fund.

15-18          (h)  Contributions may not be accumulated under this plan to

15-19    pay future retirement benefits.  Instead, each payment of employer

15-20    contributions that would otherwise be made to the fund under

15-21    Section 8 of this Act shall be reduced by the amount determined by

15-22    the executive director as necessary to meet the requirements for

15-23    retirement benefits under this plan, including reasonable

15-24    administrative expenses, until the next payment of municipal

15-25    contributions is expected to be made to the fund.  The employer

15-26    shall then pay to this plan, from the withheld contributions, not

15-27    earlier than the 30th day before the date each distribution of

 16-1    monthly retirement benefits is required to be made from this plan,

 16-2    the amount necessary to satisfy the obligation to pay monthly

 16-3    retirement benefits from this plan.  The executive director shall

 16-4    satisfy the obligation of this plan to pay retirement benefits from

 16-5    the employer contributions so transferred for that month.

 16-6          (i)  Employer contributions otherwise required to be made to

 16-7    the fund under Section 8 of this Act and any other qualified plan

 16-8    shall be divided into those contributions required to pay

 16-9    retirement benefits under this section and those contributions paid

16-10    into and accumulated to pay the maximum benefits required under the

16-11    qualified plan.  Employer contributions made to provide retirement

16-12    benefits under this section may not be commingled with the monies

16-13    of the fund or any other qualified plan.

16-14          (j)  Benefits under this section are exempt from execution,

16-15    attachment, garnishment, assignment, injunction, and other writ in

16-16    the same manner as retirement annuities under Section 20 of this

16-17    Act and may not be paid to any person other than the person who

16-18    would have received the benefits from the fund except for Section

16-19    31C of this Act.

16-20          SECTION 9.  Effective July 1, 1998, Sections 11(b) and (g),

16-21    Chapter 358, Acts of the 48th Legislature, 1943 (Article 6243g,

16-22    Vernon's Texas Civil Statutes), are amended to read as follows:

16-23          (b)  The amount of the monthly pension for each such Group A

16-24    member shall equal the member's average monthly salary multiplied

16-25    by two and one-quarter percent (2-1/4%) [(2%)] for each of the

16-26    member's first twenty (20) years of credited service and two and

16-27    three-quarters [one-half] percent (2-3/4%) [(2-1/2%)] for each

 17-1    additional year of credited service of such member.  For purposes

 17-2    of this Subsection, such average salary shall be computed by adding

 17-3    together the seventy-eight (78) highest biweekly salaries paid to a

 17-4    member during his period of credited service and dividing the sum

 17-5    by thirty-six (36). Provided, however, that no Group A member's

 17-6    pension shall be more than eighty percent (80%) of such average

 17-7    salary;  and no Group A member's pension shall be less than Eight

 17-8    Dollars ($8) a month for each year of credited service, or One

 17-9    Hundred Dollars ($100) a month total pension, whichever is the

17-10    greater amount.

17-11          (g)  Pensions [Effective January 1, 1992, pensions] for all

17-12    Group A members or their survivors shall be adjusted annually

17-13    upward or downward in accordance with the percentage change in the

17-14    Consumer Price Index for All Urban Consumers (CPI) for the

17-15    preceding year as determined by the United States Department of

17-16    Labor.  The adjusted pension may never be less than the basic

17-17    pension or deferred basic pension that the [retired] member or

17-18    survivor would otherwise be entitled to receive without regard to

17-19    changes in the CPI. The adjusted pension may never be greater than

17-20    the basic pension or deferred basic pension plus increases of not

17-21    to exceed four percent (4%) annually, [not] compounded,

17-22    notwithstanding a greater increase in the CPI.

17-23          SECTION 10.  Effective July 1, 1998, Section 13, Chapter 358,

17-24    Acts of the 48th Legislature, Regular Session, 1943 (Article 6243g,

17-25    Vernon's Texas Civil Statutes), is amended to read as follows:

17-26          Sec. 13.  MONTHLY ALLOWANCE TO SURVIVING SPOUSES [WIDOWS] AND

17-27    CHILDREN.  If any Group A or Group B member of the Pension System,

 18-1    as herein defined, shall die from any cause whatsoever after having

 18-2    completed five (5) [ten (10)] years of service with the city, or

 18-3    if, while in the service of the city, any such member shall die

 18-4    from any cause growing out of or in consequence of the performance

 18-5    of his duty, or shall die after he has been retired on pension

 18-6    because of length of service or disability and shall leave a

 18-7    surviving spouse [widow or widower], or a qualifying child or

 18-8    children [under the age of eighteen (18) years], or both a

 18-9    surviving spouse [such widow or widower] and a qualifying child or

18-10    children, said Board shall order paid monthly allowances as

18-11    follows:

18-12          (a)  To the surviving spouse of a member who dies after

18-13    having completed five (5) years of active service with the city but

18-14    before beginning to receive retirement benefits [widow or widower],

18-15    provided she or he shall have married such member before the

18-16    decedent terminated employment with the city [prior to her or his

18-17    retirement], a sum equal to one-half (1/2) of the retirement

18-18    benefits that the deceased [Group A] member would have been

18-19    entitled to had she or he been totally disabled at the time of her

18-20    or his retirement or death, but the allowance payable to the

18-21    surviving spouse [any such widow or widower] shall not in any event

18-22    be less than Fifty Dollars ($50) a month.

18-23          (b)  To the surviving spouse of a member who dies from a

18-24    cause growing out of or in consequence of the performance of duty

18-25    with the city, a sum equal to eighty percent (80%) of the deceased

18-26    member's final average salary.

18-27          (c)  To the surviving spouse of a member who dies after

 19-1    having begun to receive retirement benefits, a sum equal to

 19-2    seventy-five percent (75%) of the retirement benefits being

 19-3    received at the time of the retiree's death, if the surviving

 19-4    spouse married the decedent before the decedent terminated

 19-5    employment with the city.

 19-6          (d)  If there is a surviving spouse, each dependent child

 19-7    shall receive a death benefit equal to ten percent (10%) of the

 19-8    pension the member would have received if the member had been

 19-9    disabled at the time of death, to a maximum of twenty percent (20%)

19-10    for all dependent children.

19-11          (e) [(c)]  If there is no surviving spouse, each dependent

19-12    child shall receive a death benefit equal to twenty percent (20%)

19-13    of the pension the member would have received if the member had

19-14    been disabled at the time of death, to a maximum of forty percent

19-15    (40%) for all dependent children.

19-16          (f) [(d)]  Benefits payable to each dependent child shall be

19-17    paid if [until] the child:

19-18                (1)  is younger than [becomes] eighteen (18) years of

19-19    age and unmarried;

19-20                (2)  is a full-time student and younger than

19-21    twenty-three (23) years of age; or

19-22                (3)  is permanently and totally disabled because of

19-23    illness, injury, or retardation.

19-24          (g)  Benefits for a dependent child are [or marries and shall

19-25    be] payable to the guardian of the child.  The term "guardian," as

19-26    used in this subsection, means the person who has the primary

19-27    responsibility for a child's care and support, for example, the

 20-1    surviving spouse, legal guardian, managing conservator, or any

 20-2    other person with a similar legal relationship to the child.

 20-3          SECTION 11.  Effective July 1, 1998, Section 24, Chapter 358,

 20-4    Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

 20-5    Civil Statutes), is amended to read as follows:

 20-6          Sec. 24.  AMOUNT OF PENSION.  [(a)]  The amount of the normal

 20-7    pension payable to a retired Group B member shall equal the

 20-8    member's average monthly salary multiplied by one and one-half

 20-9    [one-quarter] percent (1-1/2%) [(1-1/4%)] for each of the member's

20-10    first ten (10) years of credited service, one and three-quarters

20-11    [three-fifths] percent (1-3/4%) [(1-3/5%)] for each of the next ten

20-12    (10) years of credited service, and two [one and three-quarters]

20-13    percent (2%) [(1-3/4%)] for each additional year, taken to the

20-14    nearest twelfth (12th) of a year, in the period of credited

20-15    service.  The normal pension of a retired Group B member may not

20-16    exceed eighty percent (80%) of the member's average monthly salary

20-17    computed under this section.  Average monthly salary shall be the

20-18    average of the seventy-eight (78) highest biweekly salaries during

20-19    a member's period of credited service.

20-20          SECTION 12.  Section 31, Chapter 358, Acts of the 48th

20-21    Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

20-22    is amended to read as follows:

20-23          Sec. 31.  POSTRETIREMENT ADJUSTMENTS.  Pensions for all Group

20-24    B members or their survivors [All pensions] shall be adjusted

20-25    annually upward or downward in accordance  with the percentage

20-26    change in the Consumer Price Index for All Urban Consumers (CPI)

20-27    for the preceding year as determined by the United States

 21-1    Department of Labor.  The adjusted pension shall never be less than

 21-2    the basic pension or deferred basic pension which the retired

 21-3    member or survivor would otherwise be entitled to receive without

 21-4    regard to changes in the CPI.  The adjusted pension shall never be

 21-5    greater than the basic pension or deferred basic pension, plus

 21-6    increases of not to exceed four percent (4%) annually, [not]

 21-7    compounded, notwithstanding a greater increase in the CPI.

 21-8          SECTION 13.  Section 23, Chapter 358, Acts of the 48th

 21-9    Legislature, 1943 (Article 6243g, Vernon's Texas Civil Statutes),

21-10    is repealed.

21-11          SECTION 14.  (a)  Except as provided by Subsection (b) of

21-12    this section or as expressly provided in the changes in law made by

21-13    this Act, the changes in the benefits payable under Chapter 358,

21-14    Acts of the 48th Legislature, 1943 (Article 6243g, Vernon's Texas

21-15    Civil Statutes), apply only to retirements or deaths, as

21-16    applicable, that occur on or after the effective dates of the

21-17    changes.

21-18          (b)  Section 13, Chapter 358, Acts of the 48th Legislature,

21-19    1943 (Article 6243g, Vernon's Texas Civil Statutes), as amended by

21-20    Section 4 of this Act, applies to deaths that occur on or after the

21-21    effective date of that section, without regard to the date of a

21-22    retiree's retirement.

21-23          (c)  Except as otherwise provided by this Act, this Act takes

21-24    effect September 1, 1997.

21-25          SECTION 15.  The importance of this legislation and the

21-26    crowded condition of the calendars in both houses create an

21-27    emergency and an imperative public necessity that the

 22-1    constitutional rule requiring bills to be read on three several

 22-2    days in each house be suspended, and this rule is hereby suspended.