By Haywood                                       S.B. No. 431

      75R2517 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to withdrawal from the volunteer fire fighters' relief and

 1-3     retirement fund.

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

 1-5           SECTION 1.  The Texas Statewide Volunteer Fire Fighters

 1-6     Retirement Act (Article 6243e.3, Vernon's Texas Civil Statutes) is

 1-7     amended by adding Section 12B to read as follows:

 1-8           Sec. 12B.  WITHDRAWAL FROM PENSION SYSTEM; ELECTION.  (a)  A

 1-9     member fire department may, not later than August 31, 1998,

1-10     withdraw from the pension system if the action is approved by a

1-11     unanimous vote of:

1-12                 (1)  all member fire fighters in the department;

1-13                 (2)  all former member fire fighters receiving

1-14     retirement benefits under Section 3 of this Act because of service

1-15     with the department;

1-16                 (3)  all former member fire fighters receiving

1-17     disability benefits under Section 4 of this Act because of service

1-18     with the department; and

1-19                 (4)  all surviving spouses receiving benefits under

1-20     Section 5(d) of this Act because of a former member fire fighter's

1-21     service with the department.

1-22           (b)  All contributions made by a governing body for a member

1-23     fire department that withdraws from the pension system under this

1-24     section remain in the fund.

 2-1           (c)  After the effective date of a department's withdrawal

 2-2     from the pension system under this section, a person may not

 2-3     receive a benefit from the pension system based on service with the

 2-4     department.

 2-5           (d)  Not later than October 1, 1997, the state board of

 2-6     trustees shall notify each member fire department of the

 2-7     department's right to withdraw from the pension system under this

 2-8     section.

 2-9           (e)  This section expires September 1, 1998.

2-10           SECTION 2.  This Act takes effect September 1, 1997.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.